POLOKWANE – The high court in Polokwane has overturned a lower court’s decision to acquit two traffic officers accused of corruption, replacing the verdict with a conviction on the main charge.
The judgment, delivered by Judge J. Ngobeni and Judge M. Naude-Odendaal on 5 March, upheld an appeal by the Director of Public Prosecutions (DPP) against the 2024 acquittal of Zwanda Tshivhase and Vhutali Mantsha.
Tshivhase and Mantsha were originally charged with contravening the Prevention and Combating of Corrupt Activities Act. The state alleged that the officers had solicited or accepted a bribe during the course of their duties.
On 2 May 2024, regional magistrate P.V. Mudau, sitting in the Giyani magistrates’ court, acquitted both respondents on the main and alternative charges. The state subsequently appealed this decision, arguing that the trial court had misdirected itself on the facts and the law.
Upon reviewing the case, the high court found that the evidence presented by the state was sufficient to establish guilt. The court set aside the acquittal and replaced it with a guilty verdict on the main count of contravention of Section 4(1)(a) of the Prevention and Combating of Corrupt Activities Act 12 of 2004.
The high court highlighted several key points in its decision. The order of the court a quo (the trial court) was found to be incorrect and was formally set aside. Both Tshivhase and Mantsha were found guilty of the main corruption charge.
The matter has now been remitted back to the regional court in Giyani for sentencing proceedings. The high court directed that the sentencing must take place before regional magistrate P.V. Mudau, the trial court must hear both mitigating and aggravating circumstances to determine an appropriate penalty, sufficient notice must be given to all involved parties regarding the reopening of the case.
