Answer to Question #196585 in Law for Kagisho

Question #196585

Find and summaries the case of National Director of Public Prosecutions v Botha (CCT 280/18) [2020] ZACC 06 in the prescribed format. 

Expert's answer

NDPP V Botha Summary

Ms. Botha was the HOD who acted as Deputy General Director of the Northern Cape of Social Services. During her position of HOD, she took part in corruption where she received benefits from Trifecta Investment Holdings Ltd. She gave tenders to Trifecta and the company constructed rundown buildings in the Northern Cape. Later, Trifecta would restitute the buildings and lease them to the government at unreasonable rates. Therefore, National Director of Public Prosecutions (NDPP) approached the case of Botha where the first respondent would pay R758 014.83. On February 27, 2019 the Chief Justice ordered for the submission of inter alia under section 50 of POCA. In the Court, the findings included; leave to appeal for granted, the appeal is upheld, paragraphs 1(a) and 1(d) of the Supreme Court of Appeal order are set aside, the first respondent to pay R1 169 068.49 within six months and proof of payment must be furnished in writing. Also, failure to pay, the appointed curator would sell the property Kimberley at fair prices.

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