- S V Setlholo 2017 (1) SACR 544 (NCK)
In this case the accused was, at the time of committing the two offences concerned, a constable in the SAPS.
The two offences were, firstly, common law fraud in that the accused and his allies/cohorts misrepresented (Afrikaans: “‘n wanvoorstelling gemaak”) to Mr Marthinus Bredenkamp that they were executing a lawful police trapping operation and that he (Bredenkamp) had committed, and was being arrested for, an offence relating to dealing in unpolished diamonds, while they (the accused and his allies/cohorts) knew that their so-called police operation was a sham (Afrikaans: “skynvertoning”) and that Bredenkamp had not committed any offence. The second offence was one of statutory corruption in that the accused and his allies/cohorts offered Bredenkamp his liberty and said that a police case docket for the engineered offence would be handed over to him in exchange of an amount of R50 000.
All of this happened in a house in Club 2000, a township near Kimberley, to which Bredenkamp was taken by Mr Jack Mvubu (accused 3 at the subsequent trial before the regional court in Kimberley). Here Bredenkamp was shown what appeared to be unpolished diamonds on a saucer. At that moment, a few aggressive-looking people, carrying
9 mm pistols, stormed the house. One of them was wearing an SAPS uniform. This man wore a “Modise” name tag and threatened Bredenkamp with arrest unless he (Bredenkamp) made a plan. Bredenkamp then made an offer of R5000 which was rejected, whereupon R50 000 was demanded from him.