The prosecution has failed to present adequate evidence against former state security minister and ANC MP Bongani Bongo, who is accused of corruption and money-laundering.
This comes after Bongo and his co-accused appeared in the Nelspruit Commercial Crime Court on Friday, where they were found not guilty, as they were granted Section 174 of the Criminal Procedure Act.
According to the National Prosecuting Authority (NPA), the accused asked for charges against them to be dropped.
Section 174
According to Section 174, if, at the close of the case for the prosecution at any trial, the court is of the opinion that there is no evidence that the accused committed the offence referred to in the charge or any offence of which he may be convicted on the charge, it may return a verdict of not guilty.
NPA spokesperson in Mpumalanga, Monica Nyuswa, said going forward, the NPA would proceed with options to appeal Section 174 on a point of law based on the ruling granted to the discharged accused.
“The state is left with nine accused in the matter, including corporate entities,” said Nyuswa.
The matter has been postponed to August 26 for the continuation of the trial on 14 counts of corruption and eight counts of money-laundering.
This comes after the Supreme Court of Appeal (SCA) reversed the decision that exonerated Bongo of all corruption-related charges.
Inquiry into state capture at Eskom
In 2021, former judge president John Hlophe acquitted Bongo of wrongdoing.
Bongo had faced allegations of attempting to bribe an evidence leader during parliament’s 2017 inquiry into state capture at Eskom.
The trial took a significant turn when Bongo applied to be discharged after the state concluded its case.
Hlophe upheld his application, citing a lack of evidence.
However, on Monday, the SCA rebuked Hlophe’s findings, deeming them in conflict with established legal principles and relevant legislation.
