NPA challenges dismissal of corruption case against ANC MP Bongani Bongo

CAPE TOWN - The National Prosecuting Authority (NPA) on Wednesday appeared before the Supreme Court of Appeal (SCA) in efforts to challenge the Western Cape High Court’s dismissal of a corruption case involving ANC MP Bongani Bongo. 

Bongo was charged in 2020 after he allegedly attempted to bribe a parliamentary legal advisor to collapse a 2017 committee inquiry into State Capture at Eskom. 

But the case was dismissed in 2021 by former judge president John Hlophe for lack of evidence. 

Hlophe, later also dismissed the state’s application for leave to appeal his ruling.

In brief proceedings before the SCA, the NPA set out the state’s case against Bongo. 

It argued that mistakes of law were made in the Western Cape High Court which otherwise would not have led to the case being discharged. 

In 2021, the court heard the testimony of several parliamentary officials related to Bongo’s alleged attempts to derail the parliamentary inquiry. 

But former judge Hlophe found in favour of Bongo’s section 174 application that their evidence was too flimsy to convict him and he never had to take the stand. 

On Wednesday, the NPA argued Bongo would have been convicted if he was allowed to testify. 

It asked the SCA to allow the case to be heard afresh. 

This is the first of Hlophe’s judgments to be challenged since he was impeached by parliament last month.

Judgment in the matter has been reserved.