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No appeal against Cwele’s longer term

Sheryl Cwele has not lodged an appeal against her increased sentence or conviction at the Constitutional Court, her lawyer confirmed yesterday.

05 October 2012 | PAUL KIRK

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DURBAN - The former wife of Minister of State Security Siyabonga Cwele, spent her first day in Westville Prison yesterday after handing herself over to the Registrar of the Pietermaritzburg High Court to begin serving her 20-year prison sentence.

Her lawyer, Madoda Nxumalo, confirmed that she had not lodged an appeal at the Constitutional Court –  her last hope of remaining  free. 

Cwele was convicted of smuggling cocaine in May last year and sentenced to 12 years imprisonment.

An appeal by Cwele and her co-accused, Nigerian businessman Frank Nabolisa, backfired earlier this week with the Supreme Court of Appeal increasing her sentence to 20 years.

After handing herself over to the court registrar shortly after 8.30am yesterday, Cwele was driven to Westville Prison in the back of a police van.  Nxumalo said he had consulted with Cwele this week and “advised her of her options”.

In terms of the law, Cwele has 21 days from the time of the Supreme Court of Appeal judgment to make an appeal to the Constitutional Court.

The day before Cwele had her sentence increased by the Supreme Court of Appeal, the Constitutional Court ruled that it was not fair for the Supreme Court of Appeal to increase sentences without warning an applicant that it was considering doing so.

Natasha Ramkisson, a spokesman for the National Prosecuting Authority, said the NPA was not expecting any appeal.

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