S v TAYLOR 1984 (2) ZLR 135 (S)

Flynote

Criminal law — Prevention of Corruption Act [Chapter 70] — s 3(d) prior to 1983 amendment — agent entering into collusive arrangement with "seller of goods" or "person engaging to render services" — appellant selling redundant Government property to a D third party with a view to purchasing them himself from that third party — not covered by section.

Headnote

The appellant, at the time an officer and a provincial quartermaster in the Police Force, recommended to a board of survey that 4 lawnmowers belonging to the Force be scrapped as they were beyond economic repair. As he wished to purchase them himself but would not be permitted to do so, he arranged that a local scrap dealer should purchase the lawnmowers and later resell them to him. This arrangement was duly carried out and the appellant took the lawnmowers. The scrap dealer did not himself deal with them at all.

When the matter was discovered, the appellant was charged with contravening s 3(d) of the Prevention of Corruption Act [Chapter 70], the point at issue being whether the arrangement (which was accepted as being a "collusive" one) was entered into with either "the seller of goods" or "any person engaging to render certain services". The appellant had failed to disclose the true nature of the transaction to his principal, one of the elements of the offence.

Held, that to constitute the offences, the agent (the appellant) had to contract with the third party (the scrap dealer) a sale of goods, not to himself, but to his principal (the Police Force). Alternatively, any services rendered by the third party would have to be rendered to the principal, not to the agent. The scrap dealer's action in this case could not be viewed as a service rendered for the Police; it was something done for the sole benefit of the appellant.