Johannesburg - The NPA in Limpopo province has confirmed the sentencing of one of its own members and former prosecutor at the Thohoyandou court, Leonard Makhado Ratshilumela, who was slapped with a six-year jail term for demanding a bribe.
On Wednesday, the 50-year-old former state prosecutor pleaded guilty to corruption charges following his arrest in May 2020.
Ratshilumela was sentenced and convicted by the Giyani specialised commercial crimes court after he was arrested at Thavhani Mall in Thohoyandou by the Directorate for Priority Crime Investigation Unit (the Hawks) during an undercover operation over an alleged bribe to make a case involving a minor disappear.
The former state prosecutor had reportedly demanded R6 000 gratification from the parent of the accused, who was facing charges of reckless and negligent driving, in order to make the docket go away.
NPA regional spokesperson in the province, Mashudu Malabi-Dzhangi, said in his plea Ratshilumela conceded that he accepted gratification of R6 000.
"Ratshilumela admitted that he accepted this gratification of R6000 with the intention to destroy the docket of the reckless and negligent driving charges, which were labelled against the minor child, instead of referring the case to the child justice court," Malabi-Dzhangi said.
The NPA said state advocate Evans Lebese argued in aggravation of the sentence and submitted that the country's economy was bleeding a fortune due to corrupt activities and that corruption damaged employee morale, organisational reputation, and undermined the rule of law.
"The accused was expected to uphold the rule of law; instead, he acted to the contrary. He and others should be deterred from committing similar offences. In terms of Section 26(1)(a) of the Prevention and Combating of Corrupt Activities Act 12 of 2004, the accused is liable for a fine or imprisonment for a period not exceeding 18 years," the state argued.
The state further argued that a non-custodial sentence would send the wrong message to others, which is why Ratshilumela was sentenced to six years, as the maximum sentence would also be too harsh.
"The court could not afford to be seen as non-responsive to corrupt activities, especially in this matter where one of its own is implicated — a lenient sentence would undermine the rule of law," the judge said.
The court subsequently sentenced Ratshilumela to six years' direct imprisonment for corruption, and the court further ordered him not to possess a firearm.
This is because the accused is also facing four counts of attempted murder and conspiracy to commit murder, for which he will appear again at the Sibasa regional court on January 24, 2023, for trial. This is after he allegedly attempted to kill the witnesses in the corruption case by burning their house with petrol.
"The National Prosecuting Authority condemns the behaviour of the former prosecutor and is disappointed that someone in his position could commit such crimes. We further commend the good work of police officers and the prosecutor, who acted accordingly to ensure that justice is served, even against one of our own when they come into conflict with the law," Malabi-Dzhangi said.
The Star