Malie N.O and Others v Vere (A165/20) [2022] ZAGPPHC 214 (24 March 2022)

Malie N.O and Others v Vere (A165/20) [2022] ZAGPPHC 214 (24 March 2022)

The appellate court found that the trial court erred in granting absolution from the instance. The evidence presented by the appellants, including the respondent's admission of presence at meetings where bribes were discussed, his statements regarding the tender process, and the documentary evidence linking him and his wife to the bank account into which bribe payments were made, constituted sufficient prima facie evidence. The respondent's denials did not adequately rebut the evidence, and the trial court failed to properly consider the uncontroverted documentary and witness evidence. Therefore, a reasonable court could or might find for the appellants, and absolution from the instance...

Citation
[2022] ZAGPPHC 214
Parties
Appellant: Vusani Francis Malie N.O.; Appellant: Andrew Conway Gaorekwe Molus N.O.; Appellant: Omphemetse Cynthia Mogodi N.O.; Appellant: Alpheus Malesele Pole N.O.; Appellant: Amanda Corale Dippenaar N.O.; Appellant: Dirk Johannes van Staden N.O.; Appellant: Tracy Henry N.O.; Appellant: Motlhatlhede Nelson Mosiapoa N.O.; Appellant: Willem Frederik van Heerden N.O.; Appellant: Yvonne Mfolo N.O.; Appellant: Sechaba Thole N.O.; Respondent: Hector Vere
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 March 2022
Case Number
A165/20
Procedural Posture
Civil Appeal / Appeal Against Order of Absolution From the Instance Granted at Close of Appellants' Case
Outcome
Appeal upheld; order of absolution from the instance set aside; respondent's application for absolution dismissed with costs; matter remitted to trial court for completion.
Judges
Neukircher, Kumalo, Noncembu
Legal Topics
Absolution From the Instance, Joint Wrongdoer Liability, Bribery and Corruption, Prima Facie Case, Commercial Court Procedure
Civil Procedure Delict Commercial and Corporate Absolution From the Instance Joint Wrongdoer Liability Bribery and Corruption Prima Facie Case Commercial Court Procedure

Case Brief

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Parties

Vusani Francis Malie N.O.

Appellant

Andrew Conway Gaorekwe Molus N.O.

Appellant

Omphemetse Cynthia Mogodi N.O.

Appellant

Alpheus Malesele Pole N.O.

Appellant

Amanda Corale Dippenaar N.O.

Appellant

Dirk Johannes van Staden N.O.

Appellant

Tracy Henry N.O.

Appellant

Motlhatlhede Nelson Mosiapoa N.O.

Appellant

Willem Frederik van Heerden N.O.

Appellant

Yvonne Mfolo N.O.

Appellant

Sechaba Thole N.O.

Appellant

Hector Vere

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order of Absolution From the Instance Granted at Close of Appellants' Case

Legal Issues

  1. 1 Whether the evidence presented by the appellants established a prima facie case against the respondent as a joint wrongdoer in a corrupt scheme.
  2. 2 Whether the trial court erred in granting absolution from the instance at the close of the appellants' case.
  3. 3 Whether the documentary and witness evidence sufficiently linked the respondent to the alleged bribe payments.

Ratio Decidendi

The appellate court found that the trial court erred in granting absolution from the instance. The evidence presented by the appellants, including the respondent's admission of presence at meetings where bribes were discussed, his statements regarding the tender process, and the documentary evidence linking him and his wife to the bank account into which bribe payments were made, constituted sufficient prima facie evidence. The respondent's denials did not adequately rebut the evidence, and the trial court failed to properly consider the uncontroverted documentary and witness evidence. Therefore, a reasonable court could or might find for the appellants, and absolution from the instance...

Court Disposition

Appeal upheld; order of absolution from the instance set aside; respondent's application for absolution dismissed with costs; matter remitted to trial court for completion.

Orders

  • The appeal is upheld with costs.
  • The order of the court a quo is set aside and replaced with an order dismissing the respondent's application for absolution from the instance with costs.