COURT SENTENCES LAWYER FOR ATTEMPTING TO BRIBE A PROSECUTOR TO SCUPPER THE STATE’S CASE

21 OCTOBER 2025

COURT SENTENCES LAWYER FOR ATTEMPTING TO BRIBE A PROSECUTOR TO SCUPPER THE STATE’S CASE

Bellville, South Africa; the Bellville Commercial Crimes Court has sentenced attorney, Phuti Given Mothemane, to nine years direct imprisonment wholly suspended for five years on condition that he is not arrested for corruption during the period of suspension of his sentence. Mothemane has also been sentenced to three years of correctional supervision, which includes house arrest, community service for 16 hours per month and attending treatment/rehabilitation programmes determined at the Community Correction Office to substantiate the goals of community supervision.

The State proved that on 23 September 2022, Mothamane wrongfully, unlawfully, and intentionally offered Senior State Adv Ezmeralda Johnson R50 000 bribe to scupper the prosecution of the State’s case against his client. On 26 September 2023, Adv Johnson made a statement where she stated that she was the prosecutor in the matter of State vs Norman Kotze and five others.

In her statement, she stated that on 23 September 2022, she received a WhatsApp message from Mothemane, who at the time was a legal representative for accused 5 and 6 in the matter. The matter involved allegations of fraud and corruption committed by the accused. Accused five (a company), which was represented by accused six (Its sole director), was a service provider for the Beaufort West Municipality. The remainder of the accused were state officials. Attorneys in the case filed representations with the court, and the case was postponed until 19 October 2022 for the outcome of the representations.

The accused contacted Adv Johnson and advised her that he arrived in Cape Town on 22 September 2022 to vet and review a contract for his client. He enquired via WhatsApp about whether Adv. Johnson was available to see him that afternoon. She responded at 12:51, asking him to advise her when he would be available. He arrived at her office later that afternoon. At the time of his arrival, she had discussed with a colleague and thereafter invited Mothemane to her office. He began his discussion by providing a background of his client, stating that his client’s father was an ex-Deputy President of Bophuthatswana and that his family (wife and children) were based in Botswana. His client didn’t have a good relationship with his extended family. He was a businessman who owned a mine, and he was restricted from moving around freely due to the case he was charged with. He indicated that his client was losing a lot of money due to the movement restrictions imposed on him.

He stated that his client instructed him to approach Adv Johnson as he was prepared to do anything to be able to conduct his business as before. He then said: “My client said he is even prepared to pay the prosecutor R50 000.00 to make this case go away.” His client believed that he was innocent except for one aspect of the matter, where he did not have a valid Value Added Tax (VAT) registration number when he applied for the tender, but said that he used the VAT number of another business belonging to his client. Adv Johnson was shocked and asked the accused what he said. He repeated the offer and said it was not coming from him but from his client. She told the accused to inform his client that he should not approach her with such an offer.

The accused apologised and left after Adv Johnson informed him that the State was in the process of finalising the representations and that they would receive a response on 19 October 2022. After pondering what had happened, Adv Johnson sent the accused a WhatsApp message expressing her shock at the R50 000 offer his client made. She told him to tell his client never to do that again, as her integrity meant everything to her.

The accused responded: “Colleague, I understand, I believe my client will be discharged, and his position is that he is busy losing in his business as he is not moving to any place, but you are very respected”. She decided to report this matter because, as a Specialised Commercial Crimes prosecutor working with corruption matters, she felt it was incumbent upon her not to be seen to be protecting corrupt legal practitioners.

Western Cape Director of Public Prosecutions, Adv Nicollette Bell, accepted the sentence and applauded Adv Johnson for taking up the fight against corruption, ensuring that even an officer of the court is not spared in the fight against corruption. “We applaud her for not looking the other way when it’s an officer of the court, but she ensured that he must face the consequences of his actions. We understand that the public wants to see more and faster action against the corrupt. This passion for the rule of law is what makes South Africa so special. It is this passion that motivates every NPA employee. The NPA will continue to be vigorous in our pursuit of such cases to serve as a deterrent.”

Issued by:

Eric Ntabazalila

National Prosecuting Authority

Regional Communications Manager – Western Cape

Tel: (021) 487 7308

Mobile: 073 062 1222