Ex-Scorpions chief’s malicious prosecution claim against the NPA fails at SCA
The SCA found that NPA charges against Malala Geophrey Ledwaba were reasonable and probable for prosecution.
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The Supreme Court of Appeal (SCA) has dismissed ex-Scorpions director Malala Geophrey Ledwaba’s case against the NPA, following his fraud and corruption court battle spanning more than a decade.
Examining the 23 charges brought by the NPA against Ledwaba, the SCA found that there was reasonable and probable cause for prosecution on each charge.
“For these reasons, I conclude that the appellant had failed to prove, on a balance of probabilities, that the employees of the NPA had no probable cause to instigate the prosecution against him or that they acted with malice.
“The appeal is dismissed with costs including those of two counsel,” the court ruled.
Fraud, theft at the Scorpions
Ledwaba, who is a former advocate, was head of operations at the now-defunct crime-busting unit.
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His attempt to be reinstated as an advocate was dismissed by the North Gauteng High Court last year.
Ledwaba was first arrested in 2006 for defrauding the Scorpions’ C-Fund by submitting false claims and stealing money from a business trust involving more than R934 000.
He was arrested along with Ayanda Dlodlo, who was also a Scorpions official at the time.
He resigned from the Scorpions in 2005. His name was struck off the roll of advocates in 2014 after an application by the Society of Advocates.
‘Malicious prosecution’
Dlodlo was acquitted in 2007. A former cabinet minister, she was appointed executive director at the World Bank in 2022.
Following a 14-year court battle against the NPA’s charges, Ledwaba was convicted in 2014 on 15 charges and sentenced to 10 years.
The jail term was later overturned on appeal by Judge Zeenat Carelse and Judge Andre Petersen in the high court, setting aside his conviction and sentence by the Commercial Crimes Court in Pretoria.
Ledwaba won the battle having spent 116 days in jail and set his sights on instituting a malicious prosecution case against the NPA.
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