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S v Selebi (25/09) [2010] ZAGPJHC 53

5th July 2010

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The accused was the former National Commissioner of the South African Police Services ("SAPS"). At all relevant times in this judgment he acted in that capacity.
The accused is charged with two main counts. He is also charged in the alternative to the first count (as separate counts) with two sub counts. The reference to the counts that follows is as set out in the indictment as originally formulated by the state.
The first count is that the accused is guilty of the crime of corruption in contravention of s 4 (1) (a) of the Prevention and Combating of Corrupt Activities Act, No 12 of 2004 ("PCCA"). The first alternative count is that the accused is guilty of the crime of corruption in contravention of s 1 (1) (b) read with s 3 of the Corruption Act, No 94 of 1992 ("CA"). This count is in respect of the period 1 January 2000 to 26 April 2004. The second alternative count is that the accused is guilty of the crime of corruption in terms of s 3 (a) and or 4 (1) (a) of the PCCA. This count is in respect of the period 27 April 2004 to 16 November 2005.The reason for the two alternative counts is to be found in the repeal of the CA by the PCCA, The PCCA came into effect on 27 April 2004.
The second count is that the accused is guilty of the crime of defeating or obstructing the administration of justice.


The accused is found guilty of corruption in contravening s 4(1) (a) of the Prevention and Combating of Corrupt Activities Act, 12 of 2004.
The accused is found not guilty on count 2. interfered with. In regard to Kya Sands there were no proceedings that could be impeded or interfered with.

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