Bruce Sabelo Mpumelelo Ramokolo v The State

The appellant, a professional engineer and director of a consulting engineering firm, was appointed as project manager on a state-funded road construction project in Mthatha. The contractor, Mageba Construction (Pty) Ltd, depended on the appellant to certify work and facilitate payment. In May 2004 the appellant told the contractor’s directors that they had allegedly been overpaid and threatened that further payments would be stopped and money returned to the Department unless they paid him R180 000. Under pressure, the complainant cashed a cheque arranged by the appellant and handed the cash to him at a bank. Thereafter the appellant attempted to conceal the transaction through a proposed variation order. The matter was reported to the authorities and a police trap was set. The appellant was charged with extortion under s 156 of the Transkei Penal Code.

The appeal against conviction was dismissed. The appeal against sentence was upheld to the extent that the high court’s substituted sentence was confirmed: four years’ imprisonment, of which two years were suspended for five years on condition that the appellant is not convicted of extortion during the period of suspension.

The case affirms the application of the offence of extortion to corruption-related conduct by professionals in positions of trust in public procurement. It underscores that white-collar crime and corruption warrant custodial sentences and that courts may draw adverse inferences from an accused’s failure to testify where a prima facie case is established.