On the extended return day of an interim restraint
order against all of the Defendants and Respondents, pursuant to
the provisions of POCA, this Court then differently constituted
(Damaseb, JP et Frank AJ), came to the conclusion that the
Applicant‟s reliance on fraud, alternatively theft - against the
Defendants and the Respondents - in connection with the contract
between the Fourth Defendant and the Ministry of Finance, was not
supported by prima facie evidence. The Court, however, concluded
that there was prima facie evidence to found a charge of corruption
in terms of the Anti Corruption Act (ACA); read (in respect of s33 of
the ACA) with s 3(2) of the Public Service Commission Act, No 2 of
1990 (PSCA)