ANC MP wants case dropped

Corruption-accused ANC MP Bongani Bongo wants the case against him thrown out based on evidence presented in his trial.

The state closed its case this week against Bongo, who has pleaded not guilty to a corruption charge emanating from an accusation that he tried to disrupt a parliamentary inquiry into state capture at Eskom on 10 October, 2017, by allegedly bribing an official.

In a surprise move, advocate Mike Hellens, Bongo’s counsel, requested a Section 174 application to discharge the case based on evidence presented so far.

State prosecutors told the court the state was unaware of Hellens’ intention.

Section 174 of the Criminal Procedure Act 51 of 1977 encompasses the right of an accused to be discharged from the offence he/she has allegedly committed where, at the close of the state’s case, there is no evidence on which the court may connect the accused to the charge.

State prosecutors also submitted a statement of admissions signed by Bongo.

Although details of the statements were not shared in court, indications are that Bongo does not deny phone calls to Ntuthuzelo Vanara, evidence leader in the inquiry into Eskom.

The case against Bongo comes after former president Jacob Zuma announced an inquiry in 2017 into the power utility following several allegations of corruption.

According to an initial affidavit by Vanara, Bongo asked him to fake an illness and take sick leave because the inquiry could not proceed in his absence.

Bongo also allegedly offered Vanara, who was also the former acting registrar of members’ interests in parliament, a cash bribe.