A Pretoria-based advocate has been handed a nine-year suspended sentence after attempting to bribe a senior state prosecutor with R50,000 to derail a corruption case against his client.
Advocate Phuthi Given Mothemane (38), director of Mothemane Given Attorneys, was sentenced on Monday by the Bellville Regional Court following his conviction in June for corruption.
The case has sent shockwaves through the legal profession, with Mothemane now facing the prospect of being struck off the roll of practicing attorneys by the Legal Practice Council.
The Bribery Attempt
The court heard how Mothemane approached Senior State Advocate Ezmeralda Johnson in September 2022 with an extraordinary proposition. Johnson was prosecuting a fraud and corruption case involving Beaufort West Municipality officials and service providers.
During a meeting at Johnson’s office on 23 September 2022, Mothemane painted a picture of his client’s desperation. He claimed his client was the son of a former Deputy President of Bophuthatswana, with family in Botswana, and was losing substantial money due to movement restrictions imposed by the pending case.
Then came the shocking offer: “My client said he is even prepared to pay the prosecutor R50,000 to make this case go away.”
When a stunned Johnson asked him to repeat what he had said, Mothemane insisted the offer came from his client, not from him personally.
WhatsApp Evidence Seals Conviction
The prosecution’s case was strengthened by WhatsApp messages exchanged between the two legal professionals. After their meeting, Johnson sent Mothemane a message expressing her shock at the bribery attempt and warning him never to approach her with such offers again.
Mothemane’s response revealed his client’s mindset: “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.”
Johnson, recognizing her duty as a specialist commercial crimes prosecutor, immediately reported the incident to authorities, leading to a Hawks investigation.
Sentence and Consequences
The Bellville Regional Court sentenced Mothemane to nine years’ imprisonment, wholly suspended for five years, plus three years of correctional supervision. The suspended sentence is conditional on him not being convicted of similar crimes during the suspension period.
His correctional supervision includes house arrest, 16 hours of community service monthly, and mandatory rehabilitation programs.
NPA spokesperson Eric Ntabazalila emphasized the gravity of the offense: “As a Specialised Commercial Crimes prosecutor working with corruption matters, [Johnson] felt it was incumbent upon her not to be seen to be protecting corrupt legal practitioners.”
Hawks spokesperson Lt. Col. Siyabulela Vukubi confirmed that sentencing had been delayed following Mothemane’s conviction, during which time he remained free on R5,000 bail.
