SCA overturns Hlophe's acquittal of Bongo on corruption charges, orders new trial

JOHANNESBURG - The Supreme Court of Appeal (SCA) has overturned former Western Cape Judge President John Hlophe’s controversial 2021 ruling in which he acquitted African National Congress (ANC) MP Bongani Bongo of corruption charges.

The charges relate to allegations that Bongo attempted to bribe an evidence leader in Parliament's 2017 inquiry probing state capture at Eskom.

The trial kicked off in February 2021 but after the State wrapped up its case, Bongo brought an application to be discharged, which Hlophe upheld.

In discharging Bongo in 2021, Hlophe found that on the evidence leader in question’s own evidence, "there was no blank cheque offered or a fixed amount that was proposed".

He further found that "having a discussion about delaying or collapsing a parliamentary process [was] not unlawful" and that "only when an offer of gratification is made in exchange for a proscribed act" does it become a crime.

The SCA, however, on Monday ruled, among others, that Hlophe's findings in this regard were in conflict with established legal principles, were not in line with the relevant legislation and were "manifestly wrong".

And it’s now ordered the trial must start afresh.