Judge Mpho Mamosebo described a sentence imposed by a lower court on an Upington traffic officer who demanded a R1 000 bribe from a motorist as “laughable”. The officer was fined R10 000, payable in monthly instalments of R1 000, or two years imprisonment.
On appeal by the Northern Cape Director of Public Prosecutions, the court found the sentence “fatally flawed and not judicial”.
The court then increased the sentence to a fine of R60 000, to be paid by the end of January 2024, or three years imprisonment, with Mamosebo noting that traffic officer Oscar Bongela had already paid a portion of the fine previously imposed.
However, she said, jail should be the norm.
“I wish to issue this serious warning: This sentencing approach must in no way serve as a precedent. Direct imprisonment ought to be the norm,” Mamosebo said.
Bongela, who had been a traffic officer for 17 years at the time, was convicted along with colleague Lebogang Tosa of corruption in September 2020.
Tosa died before the Director of Public Prosecutions’ appeal was heard.
Bongela did not participate in the appeal.
According to the court record, Bongela was senior to Tosa. They were posted near Upington Main Road when they pulled over Robert Doncaster, who was rushing his wife, who was in labour, to the hospital.
They asked him for a R1 000 bribe.
Doncaster drove into town saying he was going to get the money. Instead, he went to the police, who swiftly set up a trap.
The police gave Doncaster marked money and fitted him with a recording device.
He paid the money to Tosa, who kept R700 and gave Bongela R300.
All of the money was recovered when police pounced on the two officers.
ALSO READ | Eastern Cape ex-premier’s office officials, company directors arrested over R20m mobile classrooms’ tender
Mamosebo, in her ruling, said that, “mystifyingly”, Bongela was still employed as a traffic officer. At the time of the trial, he was earning R23 000 a month.
The State pointed out that both Bongela and Teso had been paid on the day they asked Doncaster for a bribe.
Mamosebo said the magistrate who handed down the initial sentence had not considered relevant case law.
She said:
The magistrate was far too generous… Corruption, as expressed by so many courts, is a cancer to be dealt with harshly.
The magistrate overemphasised the traffic officers’ personal circumstances and downplayed the seriousness of the offence and its impact on society.
“It was inconsiderate and even callous of them to demand a bribe from a person who was clearly acting out of necessity caused by his child’s impending birth.
“I am of the view that the monetary aspect of the punishment should be increased steeply to signify the turpitude of the offence committed. I have also had regard that Bongela has retained his employment throughout. It is up to him to devise some means to pay the fine,” Mamosebo said, adding that the officer would serve jail time if he defaults.
Recent Comments