SCA overturns Hlophe's acquittal of Bongani Bongo, orders retrial
The Supreme Court of Appeal overturned a ruling by former Western Cape Judge President John Hlophe, which dismissed the bribery and corruption trial of former state security minister Bongani Bongo.
Bongo was accused of offering evidence leader Ntuthuzelo Vanara a bribe in Parliament’s 2017 inquiry probing state capture at Eskom.
The Supreme Court of Appeal ruled that Judge Hlophe made a mistake by discharging the former cabinet minister Bongani Bongo, saying that if mistakes were not made, there would have been a prima facie case.
The ruling means the matter will now return to the Western Cape High Court for a new trial before a new judge.
Hlophe was impeached earlier this year after the Judicial Conduct Tribunal found him guilty of gross misconduct.
Bongo, meanwhile, is also implicated in Mpumalanga, which is involved in the alleged multi-million-dollar sale of two farms to the state.
"The State is hereby granted leave to appeal against the refusal by the trial court to reserve the questions of law for determination by this court,” said the SCA.
"The questions of law mentioned in the state's founding affidavit are referred to this Court for consideration.
"The third and sixth questions of law are determined in favour of the state."
"The order of the trial court discharging the respondent in terms of s 174 of the Criminal Procedure Act 51 of 1977 at the close of the state case is hereby set aside, and the matter is remitted for trial de novo before a differently constituted court."
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