Three Suspects Ace Mbiza, Chance Cloete and Franky Knoetze, who are former executives of BDSM Mutual Bank, are arrested and brought to court to face charges for fraud, theft and bribery. This follows the disappearance of an amount of R 500 million Rands from the BDSM accounts. The amount represents the deposits made by BDSM clients. You represent Mr Franky Knoetze, the former Chief Financial Officer of the Bank. Your client informs you that he was initially approached by one of the co-accused Mr Ace Mbiza, the former CEO of BDSM Bank to move clients' deposits from BDSM accounts and use it to pay third parties employed by various government departments. This was done in exchange for cash payments to the third parties to encourage these entities to deposit money with BDSM Mutual Bank. All the accused including Ace Mbiza and Franky Knoetze undertook these actions wellknowing that their actions were unlawful and that their actions constituted criminal conducts of fraud, theft and bribery. Mr Knoetze acknowledges that even though some of the funds were deposited into his own personal account, he was merely acting on the instructions of Mr Mbiza. However, Mr Knoetze is prepared to provide testimony on behalf of the state against the accused Ace Mbiza and Chance Cloete.

Mr Knoetze consults with you for legal advice.

As Mr Knoetze's attorney, advise him whether he can provide evidence on behalf of the state in terms of section 204 of the Criminal Procedure Act, 1977 and the implications of doing so. In your answer, you must also refer to relevant case law and academic literature.

JURISDICTION IS SOUTH AFRICA & THE COURSE IS: TECHNIQUES IN TRIAL & LITIGATION