Motau v S (A02/2019, SH 01/2016) [2020] ZALMPPHC 16 (23 April 2020)

Motau v S (A02/2019, SH 01/2016) [2020] ZALMPPHC 16 (23 April 2020)

The court found that the State failed to prove the necessary elements of corruption under section 3(a) of the PCCA Act. Although the appellant accepted gratification and misrepresented himself as a police officer, he was not in fact a police officer nor did he perform any official duties or functions arising out of a constitutional, statutory, or other legal duty. The evidence did not establish that the appellant intended to act in a certain way in the exercise of such duties in exchange for the gratification. The facts relied upon by the State for count 1 (corruption) were mutually exclusive with those for counts 2 and 3 (fraud and impersonation). The appellant's conduct amounted to...

Citation
[2020] ZALMPPHC 16
Parties
Appellant: Fancy Jacob Motau; Respondent: The State
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
23 April 2020
Case Number
A02/2019, SH 01/2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence on Count 1 (corruption) After Leave to Appeal Granted on Petition; Convictions and Sentences on Counts 2 and 3 Not Subject to Appeal.
Outcome
Appeal against conviction and sentence on count 1 (corruption) upheld; conviction and sentence set aside.
Judges
GC Muller, TC Tshidada
Legal Topics
Corruption, Fraud, Impersonation of Police Officer, Prevention and Combatting of Corrupt Activities Act, Intention in Criminal Law
Criminal Law Corruption Fraud Impersonation of Police Officer Prevention and Combatting of Corrupt Activities Act Intention in Criminal Law

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Parties

Fancy Jacob Motau

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence on Count 1 (corruption) After Leave to Appeal Granted on Petition; Convictions and Sentences on Counts 2 and 3 Not Subject to Appeal.

Legal Issues

  1. 1 Whether the appellant was guilty of corruption under section 3(a) of the Prevention and Combatting of Corrupt Activities Act despite not being a police officer.
  2. 2 Whether the facts proved the necessary intention and elements for the offence of corruption.
  3. 3 Whether the conviction and sentence on count 1 should be upheld.

Ratio Decidendi

The court found that the State failed to prove the necessary elements of corruption under section 3(a) of the PCCA Act. Although the appellant accepted gratification and misrepresented himself as a police officer, he was not in fact a police officer nor did he perform any official duties or functions arising out of a constitutional, statutory, or other legal duty. The evidence did not establish that the appellant intended to act in a certain way in the exercise of such duties in exchange for the gratification. The facts relied upon by the State for count 1 (corruption) were mutually exclusive with those for counts 2 and 3 (fraud and impersonation). The appellant's conduct amounted to...

Court Disposition

Appeal against conviction and sentence on count 1 (corruption) upheld; conviction and sentence set aside.

Orders

  • The appeal against the conviction and sentence in respect of count 1 is upheld.
  • The conviction and sentence on count 1 are set aside.