Pre-trial proceedings of former State Security Minister Bongo stalled

The pre-trial proceedings of former State Security Agency (SSA) Minister Bongani Bongo have stalled in the Western High Court on Monday morning to allow Bongo to appeal a decision of the Supreme Court of Appeal (SCA) almost two years ago for the trial to start afresh.

Bongo, who is no longer a politician, is accused of attempting to bribe a parliamentary legal advisor when he was an African National Congress (ANC) member of Parliament (MP) to squash its 2017 inquiry into state capture at Eskom.

The court was informed on Monday that his legal team intends to approach the Constitutional Court to challenge the SCA’s decision.

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Bongo was acquitted on corruption charges in this same matter in 2021 after applying for discharge.

The SCA overturned former Judge President John Hlophe’s decision in 2024.

Although woefully out of time to lodge an appeal, Bongo’s advocate, Thabani Masuku, informed the court that the application for condonation and the merits of the SCA’s judgment will be lodged with the Constitutional Court by Friday.

Prosecutor Thertia du Toit-Smit said the State is ready to proceed with the new trial and was only informed of Bongo’s intention to appeal in March.

“The State is of the opinion that this is part of a course to delay the trial. They’ve known since last year that the trial is due,” Du Toit-Smit told the court.

Masuku said the appeal application is already being prepared, and the State could object once it’s been filed.

Judge Hayley Slingers said Bongo was within his rights to appeal the SCA’s decision, despite being formally out of time.

However, she said she did not want copies of the appeal arguments to be delivered to her.

The matter has been postponed to 22 May.

Bongo’s bail has been extended.