Pretoria — Winnie Madikizela-Mandela, the charismatic anti-apartheid activist and firebrand, and ex-wife of Nelson Mandela, was sentenced to five years in jail, with one year suspended, Friday, 24 hours after she was convicted for fraud and theft in a Pretoria court.
Revered and reviled by sympathisers and adversaries alike, Madikizela-Mandela, 66, received the news that she could be heading for prison impassively, showing no reaction. Seated in court, she was dressed in a white floral boubou (kaftan), resplendent in traditional beaded accessories - a white headband and an elaborate and colourful necklace and bracelet.
"The message has to be sent out that this type of behaviour is unacceptable and will not be tolerated, no matter who the transgressor," magistrate Peet Johnson told a full courtroom.
Madikizela-Mandelas co-defendant and financial advisor, Addy Moolman, also convicted Friday in a fraudulent bank loan scandal linked to a fictitious funeral insurance scheme, got a seven year sentence, suspended for two years.
The pair was released on bail pending appeal.
The judge likened the former liberation struggle heroine to a modern-day Robin Hood who was at first "taking from those who have and giving to those who have not," adding, "the only reasonable conclusion was that you wanted to get help for the people that approached you."
But the magistrate, reminding those in court that Madikizela-Mandela had spent her early life as a social worker, remarked that "somewhere it seems that something sent wrong - you should have set the example for all of us".
Johnson praised the woman who could have become South Africas first black first lady, saying "only a fool would underplay the important role you played in our history." But as he pronounced sentence, the magistrate chided her, saying: "These facts are not a free ticket to get away with the crimes committed." On Thursday, Johnson told Madikizela-Mandela she had "hit the nail" in her own coffin.
But under a legal provision quoted by the magistrate, Madikizela-Mandela looked likely to serve less than a year of her sentence in jail. On completion of a sixth of her prison term - i.e. eight months - she could be eligible for parole, with a requirement to perform community service for the remainder of her prison sentence.
Madikizela-Mandelas fraud and theft conviction and sentencing was the talk of the town and made the front pages of South Africas newspapers and flyers. Headlines ranged from "Guilty," "Winnie, is it over?" "Guilty Winnie Awaits Sentence," to "Going Going Gone," "Call to sack guilty 'Mother of the Nation," and "Winnies fatal error - and her fatal flaw".
Several hundreds of her supporters, male and female, young and old, gathered outside the courthouse, guarded by riot and mounted police, with rolls of razor wire ready, in case of violence. But only raised voices and minor arguments mingled with loud and exuberant chanting of "Winnie is our hero" and "Winnie is a strong woman." Others shouted enthusiastically: "We believe in you Winnie. We have faith in you."
One placard read "Racist judge, please free my mom, Winnie."
One male sympathiser told journalists he felt the jail term handed down by the magistrate was too severe. "We are disappointed, greatly disappointed by the judgement. I think there are people who want to take Mama Winnie from the political sphere. And we, the ordinary people, we dont want that, because Winnie fought for this country. Most of the people were in exile while Mama Winnie was fighting for us. So, we dont want her to be in jail. We want her to be here with us."
He said he felt the case was a plot against Madikizela-Mandela. Another man said he thought the trial was politically-motivated. "The whole thing is unfair to Winnie. People are trying to discriminate against her because of the struggle that she has fought. There are some people outside there who want to take her down. Thats all I can say."
But a young woman told reporters "She did the crime, so she must do the time."
Another young black woman felt that her sentence was not tough enough for a convicted fraudster. "Its as if she is above the law. If it was any other ordinary person, the sentence wouldnt have been that [light]. I think its setting a bad example for South African law." Continuing her criticism, the woman said "It sets a precedent. We acknowledge that the magistrate was under pressure. But it is a bad example and says that you can commit such a crime and still get off scot-free. Eight months, yes, but will she get to jail? I doubt (it) ".
Madikizela-Mandela immediately resigned her seat in parliament, in a move that appeared to cut short her high profile political career within the governing African National Congress (ANC) - at least for now. She also relinquished her post in the partys National Executive Committee (NEC) and stood down as president of the ANC Womens League. She said her decision to resign was a personal one.
Forever feisty, Madikizela-Mandela issued a statement, distributed to journalists in the courtroom, saying "I will remain a dedicated, committed and loyal member of the ANC. The ANC is my home. Its ideals are my passion and its endeavours to make South Africa a just society is a cause that I will not relinquish." She has clashed publicly with senior ANC leaders and openly criticised them in the past, including President Thabo Mbeki.
Madikizela-Mandela, who pleaded innocent to 60 charges of fraud and 25 of theft of up to R1m ($130,000), concluded in her statement that "I believe it is responsible to have faith in the justice system that has self-correcting capabilities, which in the fullness of time will confirm my innocence."
Editorial writer, Lizeka Mda, in Fridays edition of the Johannesburg daily newspaper, The Star, summed up the feelings of many South Africans towards Winnie Madikizela-Mandela. Mda wrote: "Its a life that has dominated South Africas political landscape for over 40 years, arousing intense feelings one way or another whenever her name is mentioned."
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The editorial continued: "Give her an audience and her charismatic smile and passionate beliefs are a marvel to watch. Madikizela-Mandela commands attention, and this is not just a result of her timeless beauty. She is genuinely warm and cares for people, as well as being very intelligent. Yet she has managed to entangle herself in some of the stupidest scrapes imaginable."
Mda later told the national broadcaster, SABC, before sentencing, that it would be a 'disaster to send Madikizela-Mandela to prison - a view echoed by many black South Africans.
A friend and former opposition MP, Helen Suzman, who is white, told the BBC she felt Thursdays conviction judgement was harsh, considering Madikizela-Mandelas horrendous treatment under apartheid, including her banishment for almost a decade.
Suzman described her friend, Winnie, as courageous and generous, saying that she would remain a legend in South Africas townships among the poor. But Suzman also acknowledged that many in their country would welcome the magistrates guilty judgement.
Whether or not she does end up in jail will be decided on appeal, but Madikizela-Mandela appears to be preparing a lower-profile lifestyle for the immediate future.
Her statement said: "The outcome of this trial offers me an opportunity to refocus my energies and to do what appeals to my inner ideals. I intend to spend my time henceforth to do the work that I started in my early life and to bind my destiny with everyone with whom I share the ideals of a just South Africa."
