About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: North Gauteng High Court, Pretoria
SAFLII
>>
Databases
>>
South Africa: North Gauteng High Court, Pretoria
>>
2015
>>
[2015] ZAGPPHC 491
|
|
Ramokgola v S (A463/2013) [2015] ZAGPPHC 491 (23 June 2015)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION.
PRETORIA
Case number: A463/2013
DATE: 23 JUNE 2015
In the matter between:
BENNY
RAMOKGOLA
..........................................................................................................
Appellant
And
THE
STATE
............................................................................................................................
Respondent
Heard: 30 April 2015
Delivered: 23 JUNE 2015
JUDGMENT
A.A.LOUW J
Introduction
[1] The appellant (accused 1) was
convicted together with Tricia Alfred in the Regional Court at Musina
on 11 October 2012. He was
convicted on a charge of corruption for
contravening section 4(1 )(a) of the Prevention and Combating of
Corrupt Activities Act
12 of 20014 - Accepting a Benefit.
[2] The appellant (accused 1) was
sentenced together with Tricia Alfred on the same date to five years’
imprisonment of which
two years were suspended for five years on
condition that he is not convicted of corruption during the period of
suspension.
[3] The appellant was legally
represented throughout the trial.
[4] The appellant was refused leave to
appeal against the conviction and sentence by the court a quo on 12
October 2012.
[5] The appellant’s petition to
this Court was however successful and on 7 February 2013 he was
granted leave to appeal against
the conviction and sentence.
[6] It is alleged that the appellant
and Tricia Alfred committed the crime of corruption in that they
accepted R1 000-00 (paid to
the appellant on 27 December 2010) from
Willie Boltman.
[7] The benefit, (which was not legally
due to them), was accepted with the intention that they would then
not impose a penalty
to Willie Boltman for contravention of the
Customs and Excise Act.
Conviction
[8] The state’s case was based on
the evidence of Alex Masia (Team Commander of SARS), the complainant
Willie Boltman, Cornelia
Smith (Clearing Agent at
Beitbridge border) and Jan Kidson
(Anti-Corruption Unit of SARS).
[9] This appeal does not need a lengthy
judgment as the appellant’s co¬accused, Tricia Alfred, on
substantially the same
facts, succeeded in her appeal.
[10] The appeal of Tricia Alfred was
heard by Pretorius J and judgment given on 1 August 2014 which upheld
the appeal and set the
conviction and sentence aside.
[11] Ms Groenewald for the state
appeared in the lastmentioned appeal before us and also appeared in
this appeal. After some argument
she eventually conceded that the
appeal has to succeed. Why this was not done in the first place, is
beyond me. Instead she saw
it fit to draft approximately 50 pages of
argument in support of the decision of the court a quo. This simply
increased the burden
of this court. The duty of a public prosecutor
is not to defend an appeal, neither to get a conviction at all cost.
[12] The main points which she conceded
were the following: there were contradictions between the written
statements of the two
most important witnesses, Smith and Boltman,
and their viva voce evidence. Furthermore they also contradicted each
other. She further
could give no explanation why the two passengers
in Boltman’s vehicle were not called to testify about the
handing over of
the bribe. In Boltman’s vehicle was also his
son as well as an engineer. If any bribe had been handed over they
could have
given crucial evidence to substantiate this.
[13] To summarise: all-in-all there are
such contradictions that the appellant has to be given the benefit of
the doubt.
[14] In my view the appeal should
succeed and I therefore propose the following order:
1 The appeal is upheld.
2. The conviction and sentence are set
aside.
A.A. LOUW Judge of the High Court
I agree
V.V. TLHAPI Judge of the High Court
For the Appellant Mr Ramokgola
Instructed by Pretoria Justice
Centre
For the First Respondent Adv.
Groenewald
Instructed by The DPP