SUPREME COURT OF APPEAL ORDERS BONGANI BONGO’S TRIAL TO START AFRESH

SUPREME COURT OF APPEAL ORDERS BONGANI BONGO’S TRIAL TO START AFRESH

The Supreme Court of Appeal has ordered Bongani Bongo’s trial to be started afresh, before a differently constituted court, after setting aside the Section 174 of the Criminal Procedure Act 51 of 1977 decision that was granted to him. The State indicted Bongo for corruption related to an offer he made to MJ Vanara, the evidence leader in Parliament’s enquiry into Eskom. Vanara was allegedly offered an unspecified amount of money to collapse the enquiry.

The presiding officer, the erstwhile Judge President John Hlophe, acquitted Bongo after the State’s case. The State applied for leave to appeal on questions of law which was dismissed. The State then petitioned the Supreme Court of Appeal for leave to appeal on 6 questions of law. Today the Supreme Court of Appeal handed down judgement, granting the appeal on two of the points. It did not deal with any of the other points but ordered that the trial start de novo.

Western Cape Director of Public Prosecutions, Adv Nicolette Bell, lauded the success as it emphasised the NPA’s stance to ensure that there are just outcomes and the rule of law. Adv Bell thanked the team from the Specialised Commercial Crime Unit who worked on the matter from the trial stage for their dedication and perseverance.

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