South Africa Case Law

National Director of Public Prosecutions v Msimango and Another (62/2022)

National Director of Public Prosecutions v Msimango and Another (62/2022) [2025] ZAECELLC 4 (18 March 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

62/2022

Judge

Cengani-Mbakaza

The court found, on a balance of probabilities, that the second respondent was involved in a corrupt relationship with Makupula and benefited from the award of a PPE supply tender through the acquisition of a Mercedes Benz partially paid for with funds from KUPS Trading. The explanations provided by the respondents regarding the vehicle transactions and registration were implausible and failed to rebut the applicant's case. The court held that the property and the R328 000 paid towards its purchase were proceeds of unlawful activities and constituted an instrumentality of corruption and money…

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• Prevention Of Organised Crime Act
• Forfeiture Of Property
• Corruption
• Money Laundering
• Public Service Regulations
• Gratification

S v Henry (Review) (39/2025)

S v Henry (Review) (39/2025) [2025] ZAWCHC 89 (6 March 2025)

Court

Western Cape High Court, Cape Town

Case number

39/2025

Judges

LG Nuku, N E Ralarala

The court found that the accused had been represented by a person who was not authorised to practice as an advocate, which constitutes a fatal irregularity in criminal proceedings. On the authority of S v Van Eeden and related cases, such irregularity requires the proceedings to be rescinded without reference to the merits. The court determined that intervention was warranted at this stage to prevent the accused from participating in proceedings that would inevitably be set aside, thereby avoiding grave injustice. Accordingly, the criminal proceedings against the accused were reviewed, set as…

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• Corruption
• Money Laundering
• Irregular Representation
• Fatal Irregularity

Ihedioha v S (A230/2024)

Ihedioha v S (A230/2024) [2024] ZAGPPHC 1274 (29 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

A230/2024

Judge

Mosopa

High Court appeal against refusal of bail dismissed. The court held that the appellant lacked a confirmed residence and that unresolved immigration status supported refusal.

• Bail Application
• Trafficking In Persons
• Corruption
• Immigration Status
• Onus Of Proof
• Bail-application

Shabalala v S (AR332/2023)

Shabalala v S (AR332/2023) [2024] ZAKZPHC 114; 2025 (1) SACR 201 (KZP) (29 November 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR332/2023

Judges

Nkosi, Ngqanda, Gajoo

The appeal was dismissed as the trial court had considered all material evidence, including the affidavit of MEC Mabuyakhulu, either directly or through corroborating sources. The additions to the final judgment were found to be explanations and did not undermine the appellant's right to a fair trial. The trial court's credibility findings were justified based on the evidence, and the elements of fraud and corruption were correctly applied. The appellant's failure to disclose his relationship with Dr Savoi and the benefit he stood to acquire for himself and the ANC was material to the offence…

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• Fraud
• Corruption
• Money Laundering
• Public Finance Management Act
• Minimum Sentencing
• Documentary Evidence

Mofokeng v S (A40/2024)

Mofokeng v S (A40/2024) [2024] ZAFSHC 351 (7 November 2024)

Court

Free State High Court, Bloemfontein

Case number

A40/2024

Judges

Loubser J, Opperman J

The High Court dismissed an appeal against convictions for corruption and reckless driving, confirming the trial court’s credibility findings and the lawfulness of the trap evidence.

• Corruption
• Reckless Driving
• Prevention And Combating Of Corrupt Activities Act
• National Road Traffic Act
• Single Witness Evidence
• Trap Evidence

Randell v S (A32/2022)

Randell v S (A32/2022) [2024] ZAMPMHC 51 (19 September 2024)

Court

Middelburg High Court, Mpumalanga

Case number

A32/2022

Judges

Mashile, Manthata

The High Court dismissed an appeal against a corruption conviction, holding that the trial court properly treated accomplice evidence and that the State proved guilt beyond reasonable doubt.

• Corruption
• Single Witness Rule
• Accomplice Evidence
• Section 204 Witness
• Credibility Assessment
• Burden Of Proof

Director of Public Prosecutions, KwaZulu-Natal v Golding and Others (CCC 63/2019)

Director of Public Prosecutions, KwaZulu-Natal v Golding and Others (CCC 63/2019) [2024] ZAKZDHC 61 (6 September 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

CCC 63/2019

Judge

Chetty

The High Court dismissed the State’s s 319 application to reserve questions of law after discharging the accused under s 174, holding the issues were factual.

• Criminal Procedure Act Section 319
• Criminal Procedure Act Section 174
• Money Laundering
• Fraud
• Corruption
• Evidentiary Inferences

Goqo v S (AR28/2023)

Goqo v S (AR28/2023) [2024] ZAKZPHC 42 (17 May 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR28/2023

Judges

Balton, Mossop

High Court appeal in a corruption case dismissed the appellant’s challenge to conviction, finding no misdirection in the trial court’s credibility findings.

• Corruption
• Prevention And Combating Of Corrupt Activities Act
• Credibility Of Witnesses
• Appeal Standard
• Bribery
• Criminal-appeal

DPP Western Cape v Bongo (990/2022)

DPP Western Cape v Bongo (990/2022) [2024] ZASCA 70; 2024 (2) SACR 183 (SCA) (6 May 2024)

Court

Supreme Court of Appeal

Case number

990/2022

Judges

Zondi, Mbatha, Gorven, Smith, Keightley

The Supreme Court of Appeal found that the trial court committed material errors of law in its interpretation of the elements of corruption under the Prevention and Combating of Corrupt Activities Act. Specifically, the trial court erroneously required a specific sum or arrangement for payment to establish the offence, whereas the law only requires an offer of gratification for a proscribed act. The evidence, particularly Mr Vanara's testimony, established a prima facie case that the respondent offered gratification to induce him to delay or collapse a parliamentary inquiry. The trial court f…

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• Corruption
• Prevention And Combating Of Corrupt Activities Act
• Section 174 Discharge
• Questions Of Law On Appeal
• Credibility Of Single Witness
• Previous Consistent Statement

National Director of Public Prosecutions v Ketso and Another (237/2023)

National Director of Public Prosecutions v Ketso and Another (237/2023) [2024] ZAFSHC 54 (22 February 2024)

Court

Free State High Court, Bloemfontein

Case number

237/2023

Judge

Naidoo

The court found, on a balance of probabilities, that the funds transferred from Maru-A-Pula Mining in Lesotho to Maru-A-Pula Group in South Africa were the proceeds of unlawful activities, specifically fraud, corruption, and bribery in the award and payment of government tenders. The evidence showed irregular procurement, payments made as bribes to government officials, and the transfer of funds to South Africa to avoid prosecution and diminish the property acquired through unlawful conduct. The respondents failed to provide credible explanations or rebut the applicant's evidence. The absence…

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• Prevention Of Organised Crime Act
• Forfeiture Of Property
• Money Laundering
• Unlawful Procurement
• Corruption
• Bribery