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…

Source excerpt

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

Ramphelo v S (A03/2020)

Ramphelo v S (A03/2020) [2022] ZALMPPHC 47; 2022 (2) SACR 560 (LP) (1 September 2022)

Court

Limpopo High Court, Polokwane

Case number

A03/2020

Judges

Kganyago, Naudé-Odendaal

The court found that the appellant, as a public officer, was present and actively associated herself with accused 1 in the corrupt transaction. She was in possession of the motorist's driver's licence and the spot fine book, and failed to issue a fine after gratification was paid. Her conduct, including returning the licence only after payment and not distancing herself from the unlawful act, established common purpose. The appellant's silence in the face of evidence calling for an explanation further supported the inference of guilt. The court held that the conviction for corruption under se…

Source excerpt

• Corruption
• Common Purpose
• Gratification
• Sentencing Principles
• Public Officer Liability

Staat v S (A825/2013)

Staat v S (A825/2013) [2014] ZAGPPHC 896 (7 November 2014)

Court

North Gauteng High Court, Pretoria

Case number

A825/2013

Judges

Rossouw, D S Molefe

Appeal against conviction for corruption dismissed. The High Court found that direct evidence and objective facts proved receipt of R1000 as gratification.

• Corruption
• Prevention And Combating Of Corrupt Activities Act
• Gratification
• Public Officials
• Criminal Procedure
• Evidentiary Inference

National Director of Public Prosecutions v Banzana and Others (1162/2013)

National Director of Public Prosecutions v Banzana and Others (1162/2013) [2013] ZAECPEHC 57 (12 November 2013)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1162/2013

Judge

Pickering

The High Court granted a POCA forfeiture order after finding payments to the first respondent were corrupt gratification, not gifts, and the assets were proceeds of unlawful activity.

• Corruption
• Forfeiture Of Assets
• Money Laundering
• Prevention Of Organised Crime Act
• Gratification
• Contracts With Public Body