The NPA is to appeal the decision of the Western Cape High court to acquit former State Security Minister and ANC MP, Bongani Bongo, on corruption charges.
The NPA’s regional communications manager for the Western Cape, Eric Ntabazalila, says the decision was taken after careful consideration of the facts, the law and the legal principles applicable in dealing with applications of this nature.
Bongo was charged following a report by then evidence leader in the parliamentary inquiry into Eskom, Advocate Ntuthuzelo Vanara, that Bongo had tried to bribe him to delay or collapse the inquiry. In granting Bongo’s lawyers application for the case to be dismissed, Western Cape Judge President Judge John Hlophe said that Vanara lacked credibility.
He said other witnesses called by the state had failed to corroborate his evidence and in parts contradicted each other about what he told them. Ntabazalila explains:
“The state will request the court to reserve questions of law for the consideration of the Supreme Court of Appeal, as it avers that the trial court misdirected itself on the law related to corruption, the test to be applied when assessing the evidence of witnesses, the drawing of adverse inferences, use of previous consistent statements and the acceptance of the untested version of an accused person.”