Cape Town - Judgment has been reserved following the National Prosecuting Authority's appearance before the Supreme Court of Appeal (SCA) this week, challenging the Western Cape High Court's dismissal of corruption charges against ANC MP Bongani Bongo.
In court documents submitted for Heads of Argument, the NPA argues that there was reasonable prospect that mistakes of law were made by the court.
The NPA's application, a 38 page document called for the case to be heard anew.
Bongo is the former Minister of State Security, appointed by then President Jacob Zuma, until he was relieved of his duties in 2018.
Bongo was suspended by the ANC and removed as the chairperson of Parliament's Home Affairs Portfolio Committee in 2021 following a corruption case.
He was accused of offering a bribe to Ntuthuzelo Vanara, the evidence leader for Parliament's inquiry into State Capture at Eskom.
Bongo allegedly told Vanara that he had been sent by acting Eskom board chairman Zethembe Khoza to offer a bribe to stop the committee's investigation into Eskom.
Bongo was arrested in Cape Town following a case being made against him for corruption.
On February 26, 2021, Judge John Hlophe, dismissed the case.
According to court papers, the NPA argued via their proceedings before the SCA that the question of law was reserved and in favour of the State.
The prosecuting authority argued that if Bongo had closed his case without calling evidence he would properly have been convicted.
“It is accordingly respectfully submitted that leave to appeal, against the refusal of the court a quo to reserve the questions of law, be granted and that the questions of law be referred to this Honourable Court for consideration,” the Heads of Argument read.
Bongo was earlier also implicated in a case involving a Directorate of Priority Crime Investigation (Hawks), of alleged corrupt land transactions during his time as an adviser in the Mpumalanga Human Settlement Department.
Bongo was charged with three counts relating to fraud and corruption of which two were dropped due to a lack of evidence.