Cape Town - A well-known construction family is set to sue the State for malicious prosecution after Ridwaan Rajah won an appeal in the Western Cape High Court after being convicted for theft and perjury last year.
The director of Good Hope Construction was left distraught after being sent to Pollsmoor Prison for 25 days after his conviction for a crime his family maintained he did not commit.
The prominent family was thrust into the spotlight in 2022 when their elderly father, Ismail, was kidnapped and held in captivity for 111 days.
At the time, police said they rescued him from a house in Khayelitsha just as his family were allegedly en route to Dubai to pay the ransom.
Last year, the Hawks released a statement announcing Ridwaan’s conviction, saying it was found he had deliberately misrepresented financials relating to a tender awarded by the Department of Public Works, to do internal and external renovations to the Parliamentary Precinct in Cape Town during 2010 for R500000.
His older brother, Raziek, maintained the amount was only about R50 000 and was a legal retention fee with another company as per the contract.
Ridwaan was sentenced to six years’ imprisonment, wholly suspended for five years for theft, and 12 months wholly suspended for perjury.
The fine imposed was also wholly suspended for five years.
The family subsequently lodged an appeal and last week the Western Cape High Court overturned the conviction.
In the lengthy ruling, the judges noted the State prosecutor conceded that she failed to prove the theft charge in the charge sheet. She conceded further that the State had abandoned proving the full ambit of count two of the theft charge as early as the close of the State’s case in the trial.
The judges also questioned whether this error was a material error and misdirection of the court and found that Ridwaan was prejudiced.
“The answer has to be in the affirmative. The Regional Court found the appellants guilty of a crime that the State could not prove, let alone prove beyond a reasonable doubt.
“The charge of theft on count 2 has to be overturned. It is a misdirection of fact and law. The Regional Court erred in its assessment of the evidence and the application of the law in determining whether the appellants were guilty of theft.
“The misdirection is serious and would be prejudicial to the appellants and an injustice if the conviction on count 2 is not overturned. The State has to shoulder some, if not all, blame for the conviction. The State had the opportunity to spell out its position and categorically disclose that it had not proven the count of theft per the charge sheet.”
Ridwaan said no amount of words could describe how he felt.
“After being branded as a criminal, thief and my entire existence being destroyed, I can now finally try to pick up the pieces and try to repair what was so maliciously destroyed.
“The trauma that my family and I had to endure was cruel and undeserving. We had to uproot our lives. I found all the doors of opportunity closing on me in the business world because of being convicted for theft and perjury.”
His legal representative, Attorney Sean Pienaar, said: “This case has followed a long path from its inception in the Bellville Specialised Crimes unit years ago, to its conclusion in the Western Cape High Court this month.
“A family man, resolute in his innocence, demanded justice, and with the unwavering support of his family he has finally proven his innocence.”