NPA asks SCA for retrial in Bongani Bongo corruption case

CAPE TOWN - The Supreme Court of Appeal (SCA) will next week grapple with the first case involving now impeached former judge president of the Western Cape High Court, John Hlophe, since he was removed by Parliament last week.

The direct petition to the court by the National Prosecuting Authority (NPA) relates to the 2021 corruption trial of African National Congress (ANC) Member of Parliament (MP) Bongani Bongo, which Hlophe dismissed due to lack of evidence without Bongo having to put up a defence. 

Bongo was accused of trying to bribe an evidence leader in Parliament’s 2017 inquiry, probing state capture at Eskom. 

In his February 2021 ruling, Hlophe tore into the testimony of Parliament legal manager Ntuthuzelo Vanara for his handling of Bongo’s alleged attempts to bribe him to stop the Parliamentary inquiry. 

Bongo was forced to relinquish his position as chairperson of Parliament’s Home Affairs committee as a result of the trial.

Vanara is now a chief legal advisor at the Special Investigating Unit.

In September 2022, Hlophe dismissed the NPA’s application for leave to appeal his Section 174 discharge of the case. 

Last week, Bongo toed the party line and voted in favour of Hlophe’s removal from the bench in parliament’s historic impeachment vote.

 In its petition to the Supreme Court, the state is asking it to consider that mistakes of law were made in Hlophe’s court, and the discharge application would otherwise not have been granted. 

Prosecutors say if Bongo had testified, he would have been convicted. 

The state is now asking the SCA to set aside Hlophe’s discharge of the case, and for it to be heard afresh.

The case will be heard on 6 March.