Corruption retrial for Bongani Bongo: the Eskom inquiry scandal
Former minister of State Security Agency, Bongani Bongo, 47, has appeared in the Cape Town Magistrate’s Court, following his arrest for alleged corruption charges.
He was granted R5 000 bail on Tuesday. He will be back in court on March 4.
Bongo is being retrialed for corruption after he was previously acquitted by impeached judge John Hlophe.
Bongo is accused of offering a bribe to evidence leader in Parliament’s Eskom inquiry, Ntuthuzelo Vanara, in 2017, and is accused of contravening the Prevention and Combating of Corrupt Activities Act 12 of 2004 (“PRECCA”).
Hawks spokesperson Katlego Mogale said: “It is reported that during September to October 2017, the accused approached a member of the then Portfolio Committee on Public Enterprises to allegedly arrange a meeting to prevent the next sitting where the Eskom board was to account.
“Eventually, the suspect secured the meeting wherein he indicated that the Portfolio Committee sitting with the Eskom board could not proceed as planned and indicated that was possible if the member named his price (”gratification“).
“The accused, a former member of the National Assembly, formerly sworn in as a Member of the Executive and Cabinet, as the minister of State Security and later became a member of the National Assembly, a position he occupied until 28 May 2024. He is no longer a Member of Parliament,” said Mogale.
On Tuesday, the Hawks national head, Godfrey Lebeya, said: “The directorate will continue to execute its mandate without fear, favour, or prejudice.”
The State alleges in essence that on October 10, 2017 in Cape Town, Bongo “wrongfully and intentionally, either directly or indirectly, offered to give gratification” to Vanara, who at the time was the senior manager for Legal and Constitutional Services in the office of the Speaker of Parliament.
Vanara was appointed as evidence leader of the inquiry on January 1, 2017.
Bongo allegedly intended the gratification to induce Vanara to fake illness, take sick leave, or otherwise assist him to delay or stop the inquiry conducted by the Parliamentary Portfolio Committee into the affairs of Eskom.
The trial court, per Hlophe, delivered its judgment on February 26, 2021, granting Bongo’s discharge after he pleaded not guilty to all charges and submitted a written plea explanation denying all the allegations against him.
Last year, Supreme Court of Appeal Judge John Smith, ordered that the matter be heard de novo (afresh) and in granting the retrial, had said: “I am of the view that the trial court made several mistakes of law. I am also satisfied that there are reasonable prospects that (Bongo) would have been convicted of either the main or alternative charges mentioned in the indictment if the mistakes of law had not been made.
“The evidence led by the State, at the very least, constituted prima facie evidence that the respondent had committed the crime of corruption. Mr Vanara’s testimony established that Bongo had offered him gratification to induce him to commit a proscribed act, namely, to feign illness in order to delay or collapse a parliamentary committee inquiry.
“In my view, there are reasonable prospects that the evidence led by the State was evidence on which a reasonable court could convict Bongo,” Smith said.
In the trial court, Vanara previously testified that he was “confused” as to what exactly was required of him.
Bongo allegedly said that the inquiry “could not proceed” in Vanara’s absence and that he should, therefore, fake illness and take sick leave.
When Vanara protested, Bongo had allegedly said to him: “Just name the price and tell me how you would help stop the inquiry. I will then go back to the Eskom people, tell them of your plan to stop the inquiry and the price; they would have to pay for your assistance. They will then give me the money and I will hand the money over to you.”
chevon.booysen@inl.co.za