The Supreme Court will next month determine whether or not controversial businessman Wicknell Chivayo should be acquitted on money laundering charges
The Registrar of the Supreme Court has set down the challenge for July 21 at 9.30am.
Chivayo was in 2005 jailed five years for money laundering, which involved R837 000 by the High Court.
Two years were conditionally set aside, leaving him to serve an effective three years in prison.
He appealed to the Supreme Court against both conviction and sentence, but his appeal could not be heard since 2005 after it emerged that some papers were missing from his court record.
In the heads of argument, Chivayo argued that the conviction was inconveniencing him and that it must be quashed.
Chivayo argued that since some papers were missing from the court record — coupled with the fact that reconstruction of the same record as directed by the late Justice Wilson Sandura some 11 years ago has not been done — he was entitled to an acquittal. The delay in the finalisation of the appeal, the lawyers argued, was a breach of the Constitution.
It is argued that the delay also constitutes a breach of his right to access a court as set out under Section 69 (3) of the supreme law. Chivayo further argued his rights to human dignity and freedom from torture or cruel, inhuman or degrading treatment as enshrined under Sections 51 and 53 of the Constitution were also violated.
Allegations against Chivayo arose on July 4 and 5 in 2002 when he allegedly received R837 000, which was part of proceeds of a crime. The money was in form of three cheques, which he deposited into his bank account.
Chivayo pleaded not guilty to the charges but the High Court found him guilty and slapped him with a prison term on August 4, 2005.
The High Court dismissed Chivayo’s application for leave to appeal on the basis that there were prospects of success in the challenge.
However, the late Supreme Court Judge Justice Wilson Sandura allowed him to lodge the appeal. Bail pending appeal was dismissed, resulting in Chivayo serving the prison term without being heard on appeal.