Hendricks v S (A 532/2009) [2010] ZAWCHC 594 (1 December 2010)

Hendricks v S (A 532/2009) [2010] ZAWCHC 594 (1 December 2010)

The appeal succeeded because the State failed to prove beyond reasonable doubt that the appellant's conduct was corrupt and unlawful. The evidence established that the appellant was mandated by Portnet management to promote black economic empowerment and facilitate a joint venture between Best and ACI. There was no credible evidence that the appellant personally received any benefit from the agreement, nor was it shown that his actions were unjustified or conflicted with his employment duties. The State's reliance on hearsay evidence and vague testimony regarding the appellant's job description was insufficient. The court found that the appellant's conduct was probably justified and not...

Citation
[2010] ZAWCHC 594
Parties
Appellant: Anver Hendricks; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
1 December 2010
Case Number
A 532/2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed; conviction and sentence set aside.
Judges
W.H. Van Staden, W.J. Louw
Legal Topics
Corruption Act 1992, Conflict of Interest, Employment Duties, Black Economic Empowerment, Hearsay Evidence, Onus of Proof
Criminal Law Corruption Act 1992 Conflict of Interest Employment Duties Black Economic Empowerment Hearsay Evidence Onus of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Anver Hendricks

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant's conduct constituted corruption under Section 1(1)(b)(i) of the Corruption Act 94 of 1992.
  2. 2 Whether the appellant received or attempted to obtain a benefit not legally due.
  3. 3 Whether the appellant's actions were justified by his mandate to promote black economic empowerment at Portnet.

Ratio Decidendi

The appeal succeeded because the State failed to prove beyond reasonable doubt that the appellant's conduct was corrupt and unlawful. The evidence established that the appellant was mandated by Portnet management to promote black economic empowerment and facilitate a joint venture between Best and ACI. There was no credible evidence that the appellant personally received any benefit from the agreement, nor was it shown that his actions were unjustified or conflicted with his employment duties. The State's reliance on hearsay evidence and vague testimony regarding the appellant's job description was insufficient. The court found that the appellant's conduct was probably justified and not...

Court Disposition

Appeal allowed; conviction and sentence set aside.

Orders

  • The conviction and sentence imposed on the appellant are set aside.
  • The appellant is acquitted of the charge of corruption.