Selebi v S (240/2011) [2011] ZASCA 249; 2012 (1) SA 487 (SCA); 2012 (1) SACR 209 (SCA); [2012] 1 All SA 332 (SCA) (2 December 2011)

Selebi v S (240/2011) [2011] ZASCA 249; 2012 (1) SA 487 (SCA); 2012 (1) SACR 209 (SCA); [2012] 1 All SA 332 (SCA) (2 December 2011)

The Supreme Court of Appeal found that the State had proved beyond reasonable doubt that the appellant, Jacob Sello Selebi, received substantial payments and gifts from Glen Agliotti, and provided information and favours in return, constituting quid pro quo as required by section 4 of the Prevention and Combating of Corrupt Activities Act 12 of 2004. The court relied on corroborated evidence from Agliotti, Muller, and forensic financial investigations, including cheque stubs and spending patterns. The appellant's explanations were found to be dishonest and implausible, and his conduct demonstrated corrupt intention. The court held that section 4 does not require an explicit agreement or...

Citation
[2011] ZASCA 249
Parties
Appellant: Jacob Sello Selebi; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
2 December 2011
Case Number
240/2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction From the South Gauteng High Court
Outcome
Appeal dismissed. Conviction for corruption in contravention of section 4(1)(a) of the Prevention and Combating of Corrupt Activities Act 12 of 2004 confirmed.
Judges
Mthiyane, Snyders, Bosielo, Leach, Theron
Legal Topics
Corruption, Prevention and Combating of Corrupt Activities Act, Public Officer Misconduct, Mens Rea, Credibility of Witnesses, Quid Pro Quo
Criminal Law Corruption Prevention and Combating of Corrupt Activities Act Public Officer Misconduct Mens Rea Credibility of Witnesses Quid Pro Quo

Case Brief

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Parties

Jacob Sello Selebi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction From the South Gauteng High Court

Legal Issues

  1. 1 Whether the State proved beyond reasonable doubt that the appellant received payments and benefits from Agliotti.
  2. 2 Whether the appellant provided Agliotti with any quid pro quo for such payments or gratification as required by section 4 of the Prevention and Combating of Corrupt Activities Act 12 of 2004.
  3. 3 Whether the appellant acted with the requisite corrupt intention (mens rea) in accepting payments and providing benefits.

Ratio Decidendi

The Supreme Court of Appeal found that the State had proved beyond reasonable doubt that the appellant, Jacob Sello Selebi, received substantial payments and gifts from Glen Agliotti, and provided information and favours in return, constituting quid pro quo as required by section 4 of the Prevention and Combating of Corrupt Activities Act 12 of 2004. The court relied on corroborated evidence from Agliotti, Muller, and forensic financial investigations, including cheque stubs and spending patterns. The appellant's explanations were found to be dishonest and implausible, and his conduct demonstrated corrupt intention. The court held that section 4 does not require an explicit agreement or...

Court Disposition

Appeal dismissed. Conviction for corruption in contravention of section 4(1)(a) of the Prevention and Combating of Corrupt Activities Act 12 of 2004 confirmed.

Orders

  • The appeal is dismissed.
  • The conviction for corruption in contravention of section 4(1)(a) of the Prevention and Combating of Corrupt Activities Act 12 of 2004 is confirmed.