Matsabu v The State

The appellant, a traffic officer employed by the Maqhaka Traffic Department, was arrested during an anti-corruption trap operation on 18 December 2003. While manning a speed trap near Viljoenskroon, he stopped Inspector Wilbers for speeding. After discussing the fine, Wilbers handed him R300 in marked money, which he accepted instead of issuing a summons. The operation formed part of a corruption investigation authorised by the Free State Provincial Administration. The appellant was charged with contravening s 1(1)(b) of the Corruption Act 94 of 1992. He pleaded not guilty but was convicted in the magistrate’s court and sentenced to two years’ imprisonment under s 276(1)(i) of the Criminal Procedure Act 51 of 1977. His appeal to the Full Court failed, and he appealed further to the Supreme Court of Appeal.

The appeal was dismissed and the conviction and sentence were confirmed.

The case is significant for clarifying the application of s 252A of the Criminal Procedure Act, particularly the distinction between permissible traps and impermissible inducement. It affirms that not all deviations from prosecutorial guidelines render trap evidence inadmissible and that courts retain discretion regarding trials-within-a-trial. The judgment reinforces the principle that corruption traps aimed at exposing opportunistic wrongdoing are lawful if they do not actively induce criminal conduct.