Scholtz and Others v The State

Supreme Court of Appeal (Republic of South Africa), [2018] ZASCA 106, Leach, Mathopo, Van der Merwe, Mocumie JJA, and Mothle AJA, 3 May; 21 August 2018

Corruption under sections 3 and 4 of the Prevention and Combating of Corrupt Activities Act 12 of 2004 - Offence committed even if gratification paid after the event - Sentencing in respect of an offence of corruption.

The first appellant, Mr A C Scholtz, was a businessman from Pretoria. He came into contact with Mr Sarel Breda, with whom he identified business prospects in the Northern Cape. Their business model was to locate rundown buildings which could be renovated into offices and then leased to State entities. They used a number companies to carry out their plan. Both Mr Scholtz and Mr Breda had an interest in those companies, which became known as the Trifecta Group of Companies, the second to seventh appellants. Between May 2006 and August 2008, various State entities and departments in the Northern Cape concluded lease agreements with those companies. The eighth appellant, Mr J F Block, was a senior politician in the province. He used his influence to ensure that those companies obtained those leases. The lease arrangements were entered into without the necessary statutory protocols and procedures being followed. As a quid pro quo for his assistance, once the agreements were in place Mr Block received substantial gratifications, including two payments of R228,000 and R500,000.