Former minister Bongani Bongo demands R38 million for alleged wrongful detention

Former State Security Agency advocate Bongani Bongo has demanded the State pays him R38 million for unlawful arrest, unlawful detention, malicious prosecution as well as loss of income.

In a letter of demand dated January 24, seen by IOL, days before Bongo appeared in the Cape Town Magistrate Court, his attorneys, Singwane & Partners, wrote to the State Attorney informing the office of the intended legal action.

“During the period March 2009 to May 2011, the Mpumalanga Department of Human Settlement through its normal acquisition processes, financed and acquired two properties for the following municipalities, namely Portion 82 of Naauwpoort Farm for Emalahleni Municipality, purchased at the amount of R37,500,000.00 on or about December 20, 2021, as well as Portion 6 of the Farm Rietspruit for Msukalikwa Municipality purchased at the amount of R44,460,000.00. on or about March 2011.

“Soon after the conclusion of the transactions above, news emerged from all national and local forms of media: print, broadcast, and internet. The Mpumalanga Department of Human Settlement concluded dubious land deals wherein an exorbitant amount of state money was used to purchase land. 

“The Hawks Unit of the South African Police Service argued that during the ongoing investigation in 2011, Bongo's client was approached by members of the Hawks, who accused him of corruption and instructed him to file an affidavit in response to these allegations, which Bongo contends were made against department officials.”

“A few weeks thereafter, our client was removed from his position as the Manager of Legal Services by the then Premier of Mpumalanga, Mr DD Mabuza. Our client's removal from his position resulted from the ongoing corruption investigation.

“On or about October 17, 2017, our client was appointed by the then President Jacob Zuma as a Minister of State Security, a position from which he was removed on February 28, 2018, by the current President of the Republic, Mr. Cyril Ramaphosa.

“On or about July 2, 2019, our client was elected Chairperson of the Parliament Portfolio Committee on Home Affairs. Our client continued in the position until he was removed as the Head of the Committee following an African Nations Congress (ANC) caucus looking into its office bearers’ integrity.

“In the period building toward the 2024 national election, our client was high on the list in terms of the African National Congress (ANC) processes that determine the National leadership election for parliamentarians, but for the ANC processes in implementing the step-aside rule, our client's name was removed from the list of those to be elected to the national assembly,” read the letter.

As a result of being removed, Bongo’s attorneys argued that removing Bongo from all the positions had caused damage. They left him “severely traumatised, humiliated, impairment of dignity, psychological trauma, and financial loss” in terms of loss of income.

He also argued that no crime was committed in the alleged Land Deals Corruption arrest. He accused the National Prosecuting Authority (NPA) of collaborating with some individuals in the SAPS to instigate malicious criminal proceedings without reasonable and probable cause against him.

Bongo demanded damages suffered due to what he described as “failed prosecution.”

Claims against the Saps Minister of Police: Unlawful arrest and detention: R3 million; general damages for discomfort, humiliation, degrading, pain and suffering, loss of amenities of life, emotional shock and trauma: R6 million and reasonable costs expended to defend the prosecution R400,000 (total R4 million).

Claims against the Minister of Justice and Correctional Services:

Malicious prosecution: R8 million; General damages for discomfort, humiliation, degradation, pain and suffering, loss of life, emotional shock, and trauma: R600,000; reasonable costs expended to defend the prosecution: R600,000, bringing the total to R9.2 million.

The claims against the SAPS Minister and jointly with the Minister of the Department of Justice and Constitutional Development (DoJCD) include claims of investigations of the alleged corruption against our Bongo were allegedly made a joint investigation by the two Ministries.

“Having been exposed to a criminal investigation and the subsequent malicious prosecution, our client suffered reputational damages which led to financial loss as follows: General damages for discomfort, humiliation, degrading, pain and suffering, loss of amenities of life, emotional shock and trauma is R1,200,000.00

Additionally, his income loss from 2011 to 2024 is R7.8 million, while the income loss as a result of the ANC step-aside rule in 2024, which resulted in his removal from the National Assembly, was R11 million.

“Against the background of the foregoing, we hold instructions to demand from you as we hereby to payment of the amount of R38,200,000.00 (Thirty-Eight Million Two Hundred Thousand Rands) within 30 days from receipt of this letter,” read Bongo’s letter of demands.

When contacted for comment, the spokespersons for Saps Athlenda Mathe, NPA Mthunzi Mhaga, and DoJCD Steven Mahlangu said they were unaware of the intended legal action.

IOL