South Africa Case Law

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…

Source excerpt

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

Director of Public Prosecutions, KwaZulu-Natal v Ramdass (1236/2017)

Director of Public Prosecutions, KwaZulu-Natal v Ramdass (1236/2017) [2019] ZASCA 23; 2019 (2) SACR 1 (SCA) (28 March 2019)

Court

Supreme Court of Appeal

Case number

1236/2017

Judges

Wallis, Swain, Mokgohloa

The Supreme Court of Appeal held that the State’s proposed grounds were factual, not questions of law, and varied its earlier order to refuse ordinary leave to appeal.

• Criminal Capacity
• Intoxication Defence
• Questions Of Law On Appeal
• Statutory Interpretation
• Leave To Appeal
• Reopening Of State Case