Famanda v State

The appellant, a prosecutor employed by the National Prosecuting Authority, was convicted in the Johannesburg Magistrates’ Court of corruption under s 9(1)(a) of the Prevention and Combating of Corrupt Activities Act 12 of 2004. The conviction arose from an undercover operation at the Randburg Magistrates’ Court aimed at exposing corruption among court officials. An undercover police agent paid two police officers R800 to secure release from custody on a fictitious charge. A second undercover agent, posing as the arrestee’s girlfriend, paid R3 500 to have the charge withdrawn after being referred to the appellant, who was the prosecutor handling the case. The appellant was sentenced to 10 years’ imprisonment under the minimum sentencing regime. Leave to appeal against conviction and sentence was refused by both the magistrates’ court and the High Court. The Supreme Court of Appeal granted special leave limited to the refusal of leave to appeal against sentence.

The appeal succeeded. The order of the High Court refusing leave to appeal was set aside and replaced with an order granting the appellant leave to appeal against sentence to the Gauteng Local Division of the High Court, Johannesburg.

The case clarifies the approach to determining reasonable prospects of success when appealing against a refusal of leave to appeal. It highlights that the amount involved in corruption is a relevant sentencing consideration and raises an important interpretative question as to whether prosecutors fall within the definition of 'law enforcement officers' for purposes of minimum sentencing legislation. The judgment is significant for sentencing in corruption cases involving court officials and prosecutors.