Thohoyandou – Former Prosecutor, 50-year-old Leonard Makhado Ratshilumela, has been sentenced to six years in prison by the Giyani Specialised Commercial Crimes Court for accepting a R6 000 bribe to make a reckless and negligent driving case “disappear”.
Ratshilumela, who was a prosecutor at Thohoyandou Magistrate’s Court, in Limpopo, pleaded guilty to the crime of corruption.
Undisputed facts were that in May 2020, Ratshilumela was arrested at Thavhani Mall in Thohoyandou by the Hawks in a sting operation after he accepted a bribe to unlawfully stop a case from going to trial.
Ratshilumela troubles began when he propositioned a parent of a minor accused of reckless driving, saying he could make the case disappear if he was paid R6 000.
However, the matter was reported to the Directorate for Priority Crime Investigation Unit – better known as the Hawks – and a trap was set for the dirty prosecutor.
In his plea, Ratshilumela admitted that he broke the law when he accepted a bribe of R6 000 with the intention to destroy the docket of the reckless and negligent driving charges.
Ratshilumela admitted that, instead of referring the case of the accused minor to the child justice court, he intended to make the case “disappear” by simply destroying the docket.
During the aggravation of the sentence, the state Advocate Evans Lebese submitted that the country’s economy is bleeding a fortune due to corrupt activities and that corruption damages employees’ morale, organisational reputation and undermines the rule of law.
The accused, who was a prosecutor when he committed the crime, was expected to uphold the rule of law, instead, he acted to the contrary.
Advocate Lebese told the court that Makhado and others like him should be deterred from committing similar offences.
In terms of section 26 (1) (a) of the Prevention and Combating of Corrupt Activities Act 12 of 2004, the accused is liable for a fine or imprisonment for a period not exceeding 18 years.
The court sentenced Makhado to six years of direct imprisonment for corruption and the court further ordered the accused not to possess a firearm.
But the former prosecutor’s troubles are still mounting.
Makhado is also facing four counts of attempted murder and conspiracy to commit murder. He will be tried at the Sibasa Regional Court next year, on 24 January.
Makhado allegedly attempted to kill witnesses in the corruption case by setting alight their house with petrol.
The National Prosecuting Authority (NPA) said it condemns the behaviour of the former prosecutor and is disappointed that someone in his position could commit such crimes.
“We further commend the good work of police officers and the prosecutor who acted accordingly to ensure that justice is served, even against one of our own when they come into conflict with the law,” said Mashudu Malabi-Dzhangi, NPA Limpopo Regional Spokesperson.
