Burgerspark Pretoria Saak.pdf
Skakel na die saak op die kuberruimte (https://www.saflii.org/cgi-bin/disp.pl?file=za/cases/ZAGPPHC/2023/1994.html&query=case%20no%20120856%26%2365533%3B/2023)
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1 S v Selebi 2012 (1) SACR 209 (SCA); 2012 (1) SA 487 (SCA)
2 Which says members of cabinet, of which the President is one, may not undertake any paid work
other than one for which they have been elected or appointed in public office.
3 The Prevention and Combating of Corrupt Practices Act, 2004, which enjoins all persons in
positions of authority (such as a President) who know or ought reasonably to have known or
suspected that another person has committed crimes including theft involving R100,000 or more to
report such knowledge or suspicion to the Directorate for Priority Crime Investigation.
4 The Ngcobo Panel observed as follows in its Report of the Section 89 Independent Panel
Appointed to Conduct a Preliminary Enquiry on the Motion proposing a Section 89 Enquiry,
and concluded that the President has a case to answer for not reporting the theft of "probably more
than US$580,000" in foreign currency that had been concealed in pieces of furniture at his
Phalaphala farm to the DPCI as required by section 34(1) of PRECCA:
"243. ... One reason for forcing people to report theft of R100,000 or more is to stamp out
money laundering or organized crime by forcing individuals to report theft of large sums of
money that the owners of the money may be reluctant to report for fear of being called
upon to account for the stolen money.
244. A person who keeps huge sums of illicit money concealed at his or her house is
unlikely to report the theft of such money for fear of being discovered that he or she is
involved in money laundering. This would be too much to expect of human nature. For
this reason, the legislature considered it prudent to require any person who has
knowledge of the commission of the offence of theft to report it. If you happen to know or
ought reasonably to have known or suspected that this money has been stolen from the
owner, the law requires you report this theft so that the owner of the money can be called
upon to explain the source of the money as well as why he or she did not report the theft.
245. The owner of the money stolen is also required to report theft of his or her money.
That you happen to be a victim of crime yourself, matters not. You must report the theft."
5 At the State Capture Commission on Wednesday 28 April 2021