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South Africa decisions
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Mofokeng v S (A40/2024) [2024] ZAFSHC 351 (7 November 2024)
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.
Goqo v S (AR28/2023) [2024] ZAKZPHC 42 (17 May 2024)
High Court appeal in a corruption case dismissed the appellant’s challenge to conviction, finding no misdirection in the trial court’s credibility findings.
DPP Western Cape v Bongo (990/2022) [2024] ZASCA 70; 2024 (2) SACR 183 (SCA) (6 May 2024)
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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S v Matodzi and Others (CC11/2021) [2024] ZAGPPHC 399 (26 April 2024)
The court held that the State has complied with its obligations under section 84 and section 87 of the Criminal Procedure Act by providing sufficient particulars to inform Accused 10 and 11 of the nature of the charges against them. The requests for further and better particulars made by the accused largely sought evidence or information not required for the purposes of pleading, or were repetitive of previous requests already answered. The State is not obliged to furnish evidence or particulars not in its possession, nor to provide details beyond what is necessary for the accused to plead. T…
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Zinyana v Smith and Others (28764/2021) [2023] ZAGPJHC 827; 2023 (2) SACR 532 (GJ) (22 June 2023)
The court found that the respondents' version implied an intentional misrepresentation to Eskom regarding the shareholders agreement, raising a prima facie suspicion of an offence under PRECCA. While judicial officers are not expressly required to report under section 34, the directors of NJM have a statutory duty to do so. The court determined it was appropriate to refer the matter for investigation and to direct the directors to comply with their reporting obligations. The settlement reached between the parties was unobjectionable, related directly to the litigation, and all relevant partie…
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Sodi and Others v S In re S v Mokhesi and Others (45/2021) [2022] ZAFSHC 244 (16 September 2022)
The court found that none of the applicants met the stringent threshold for leave to appeal as set out in section 17 of the Superior Courts Act. The grounds advanced were either already dealt with in the main judgment or were not supported by the facts or law. The court emphasized that preliminary litigation prior to criminal trial is discouraged and that issues such as admissibility of evidence and constitutional challenges should be determined by the trial court. The alleged case management order by JP Musi did not require preliminary issues to be determined before trial. The court also fou…
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Takane v S (CA&R174/2021) [2022] ZAECMKHC 49 (10 August 2022)
The High Court dismissed an appeal against corruption conviction and eight-year sentence, holding the evidence and sentence disclosed no material misdirection.
Special Investigation Unit (SIU) v Mazibuko and Others (GP010/2021) [2021] ZAST 9 (4 October 2021)
The Tribunal found that the SIU's application fell squarely within its jurisdiction, as the relief sought was civil in nature and aimed at forfeiture of proceeds of unlawful activity. The evidence established that Mr Mazibuko was a de facto director and sole signatory of Thephunokheja's bank account, which received substantial payments from Eskom suppliers CLM and Thembathlo. The respondents failed to provide any legitimate explanation or supporting documentation for these payments, and there was no evidence of services rendered by Thephunokheja in the mining sector. The Tribunal held that Mr…
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S v Bongo (CC 06/2020) [2021] ZAWCHC 36 (26 February 2021)
The High Court granted Mr Bongani Bongo’s section 174 discharge application, finding the State’s corruption case rested on weak, contradictory evidence.
Ngakantsi v S (1020/2020) [2020] ZASCA 94 (19 August 2020)
The Supreme Court of Appeal found that, based on the medical evidence and the circumstances surrounding the appellant's failure to appear, there are reasonable prospects that a court on appeal could find his absence was not due to fault on his part. Furthermore, the fines imposed for the contraventions of s 72(2) of the Criminal Procedure Act appear to exceed the statutory maximum. Regarding the corruption conviction, the appellant was a first offender, the amount involved was not substantial, and he remained employed by SAPS. These factors provide reasonable prospects that an appellate court…
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