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PUBLIC UPDATE BY THE NATIONAL HEAD: DIRECTORATE FOR PRIORITY CRIME INVESTIGATION, LIEUTENANT GENERAL (DR/ADV) GODFREY LEBEYA (SOEG):2ND QUARTER OF 2023/2024 FINANCIAL YEAR, 23 NOVEMBER 2023
Dear South Africans, Today marks our sixth public update of the successes achieved by the Directorate for Priority Crime Investigation (DPCI), which reflect on the 2nd quarter 2023/2024 financial year. As the DPCI, we would like to present to the public that our members are hard at work in dealing with national priority offences. This led to the arrest of at least eight hundred and one (801) suspects nationally in the quarter, which is made of seven hundred and ninety one (791) natural persons and ten (10) juristic persons who were secured before the various courts across the country. Two hundred and forty four (244) accused persons, which is made of 234 natural persons and ten (10) juristic persons were convicted and sentenced. A breakdown of the arrests per crime category and nationality of the seven hundred and ninety one (791) natural persons, comprises of five hundred and seventy (570 which is 72%) South Africans and two hundred and twenty one (221 which is 28%) foreign nationals. The top five (5) national priority offences that contributed a high number of arrests are one hundred and seventy three (173) for fraud; one hundred and seventy two (172) for precious metals and diamonds; fifty two (52) for narcotics; forty eight (48) for Cash in Transit robberies (CIT); and thirty seven (37) for corruption. During these arrests, the DPCI also seized various exhibits including precious metals and diamonds, endangered species, vehicles, cash, firearms, ammunition, counterfeit goods, explosives and electronic devices worth R92 407 269-33. In terms of crime categories relating to convictions, out of two hundred and forty four convictions (244), fraud contributed the highest number of seventy five (75), which is made of sixty two (62) South Africans, six (6) foreign nationals and seven (7) companies. The second is precious metals and diamonds with a total number of fifty one (51) accused persons. In terms of the Prevention of Organised Crime Act 121 of 1998 (POCA), a total number of thirty (30) accused persons and two (2) companies were convicted for a pattern of racketeering activity and money laundering. In terms of nationalities relating to conviction and sentences, one hundred and ninety three (193) are South Africans while eighty four (84) are foreign nationals. The foreign nationals consisted of forty eight (48) Zimbabweans, seven (7) Chinese, seven (7) Mozambicans, four (4) Nigerians, three (3) Tanzanians, three (3) Basotho, three (3) Pakistanis, three (3) Ethiopians, two (2) Bangladeshis, two (2) Zambians, one (1) Canadian and one (1) Ghanaian. Fellow South Africans, in this brief, I shall highlight only thirty (30) cases which represent (3%) of these one thousand and forty five (1 045) successes. Of these 30 cases, 14 are for arrest, 15 are for convictions while one (1) in eighty eight (88) successes demonstrate recovery of assets.
SERIOUS ORGANISED CRIME INVESTIGATION POLICE KILLINGS Attacks on police officials are an attack on the state, and the death of one police official, is one too many. Dear South Africans, while thirty five (35) police officials were murdered in the 2nd quarter, thirty seven (37) arrests were made of which ten (10) are for older cases. Furthermore, of the ten (10) who have been sentenced, five (5) accused persons were sentenced to share ten (10) life imprisonment and combined three hundred and ninety one (391) years imprisonment. The five lifers are Sibuso Brendon Mcuwo (5 x life), Mnelisi Khumalo Scara Hlongwane (2 x life), Kusa Thulani Mziwendoda Fana Biyela, Molefe Rapooie, and Shane Cecil Swartz. I shall cite the following five (5) cases of these thirty four (47) successes: CASE 1: WIFE OF MURDERED POLICEMAN AND HITMAN SENTENCED KWAZULU-NATAL: On 27 August 2020, Warrant Officer Phiwayinkosi Magwaza (59) stationed at SAPS Melmoth was at his home in KwaMagwaza Reserve, Melmoth when unknown gunmen shot and killed him. He was also robbed of his service firearm. On 10 September 2020, the Hawks’ Serious Organised Crime Investigation based in Richardsbay in collaboration with Melmoth police arrested Senelisiwe Cebisile (Mpungose) Magwaza (27) who is the wife to the deceased. On 17 September 2020, Bafana Biyela (42), who is a hitman, was arrested in KwaMashu hostel where he was found in possession of the deceased member’s service pistol. On 25 July 2023, the KwaZulu Natal High Court sitting at Mtunzini sentenced Senelisiwe Cebisile Magwaza (now 30) and Bafana Biyela (now 45) for murder of the member. Biyela was sentenced to life imprisonment for murder, 15 years imprisonment for robbery and 15 years imprisonment for illegal possession of a firearm as well as ammunition. The wife was sentenced to 25 years imprisonment for murder and three years imprisonment for defeating the ends of justice. The sentences will run concurrently.
CASE 2: FIVE (5) LIFE SENTENCES FOR A POLICE MURDERER EASTERN CAPE: On 21 January 2019, a shop employee was on duty when an unknown presumed customer rang the doorbell indicating that he wanted to buy something from the shop. The employee opened the door and other four unknown individuals budged into the shop as well. One of the intruders pointed the employee with a firearm and ordered the employee to go down to the kitchen and to lie down on the floor. All the six employees in the building were held hostage. One of the employees contacted the police and the flying squad police responded immediately. A shootout ensued between the criminals and the Gqeberha Flying Squad police which led to the fatality of four (4) of the robbers. Constable Dwane Alistar Kemp sustained injuries from which he succumbed in hospital. Sibuso Brendon Mcuwo (39), who was the fifth culprit managed to escape on foot. On 27 January 2019, the Gqeberha based Serious Organised Crime Investigation of the Hawks arrested him. Mcuwo remanded in custody since arrest. On 27 July 2023, the Eastern Cape High Court sitting at Gqeberha sentenced Mcuwo to five (5) life imprisonment sentences and an additional combined term of 46 years for charges of police murder, attempted murder and business robbery. Some sentences run concurrently.
CASE 3: LESOTHO NATIONAL SENTENCED TO LIFE FOR POLICE MURDER GAUTENG: On 26 March 2022, Sergeant Lasi Max Siweya (46), who was following a murder case, was killed at Muzikinya hostel, Reigerpark, Boksburg. The member’s relative was also injured. On 31 March 2022, members of the Hawks’ Serious Organised Crime in Germiston received information about an alleged suspect. The members followed up on the lead and arrested Molefe Rapooie (27), a Lesotho national in the Free State. On 14 August 2023, the Gauteng Local Division of the High Court sitting in Johannesburg found Rapooie guilty of the murder of the member. It sentenced him to life imprisonment, ten (10) years imprisonment for the attempted murder of member’s relative, fifteen (15) years for robbery with aggravating circumstances and further six (6) months imprisonment for contravention of the Immigration Act. The sentences will run concurrently.
CASE 4: POLICE ASSASSIN SENTENCED TO 25 YEARS IMPRISONMENT WESTERN CAPE: On 26 November 2021, Sergeant Nametso Ignatius Molema was shot and killed. The incident happened when two members of Table View SAPS responded to a complaint of a business robbery in progress at Killarney Gardens. When the members requested the suspects to surrender, the suspects fired shots at the police wounding Sgt Molema in the head and another member on the leg. Their service pistols were recovered on the scene of crime. A search for the suspects was activated and three suspects Luyanda Fuzile, Gcinikhaya Mbukula, and Baxolele Matolo were arrested the same day of the incident with the fourth suspects Vusumzi Nyanda being arrested later. Two of the suspects sustained gunshot injuries and were respectively taken to Groote Schuur and Somerset hospitals for medical attention under police guard. On 29 August 2023, the Western Cape High Court, convicted and sentenced Luyanda Fuzile (38) for the murder of the member. His sentencing follows a plea bargain in terms of Section 105A of the Criminal Procedure Act 51 of 1977 (CPA). He was sentenced to a combined period of sixty seven (67) years imprisonment, which is made of 15 years on count 1 for robbery with aggravating circumstances; 5 years on count 2 for kidnapping; 25 years on count 3 for murder; 5 years on count 4 for attempted murder; 15 years on count 5 for possession of unlicensed firearm; and 2 years on count 6 for possession of ammunition. The sentences imposed on count 1,2,4,5 and 6 are ordered to run concurrently with the sentence imposed on count 3 and the accused with therefore serve an effective twenty five (25) years imprisonment. Gcinikhaya Mbukula, Vusumzi Nyanda and Baxolele Matolo who are still in custody, will appear on 9 February 2024 for trial.
CASE 5: LIFE IMPRISONMENT FOR MURDER OF A DETECTIVE WESTERN CAPE: On Sunday 8 August 2019 at about 21:00, three members of SAPS Mfuleni visited Sharp Shooters tavern at Diepwater in Mfuleni in search of Shane Cecil Swartz (25), a double murder and hijacking suspect. As members walked through the premises, shots were fired through the toilet door. Warrant Officer Joseph sustained a gunshot wound to the head whereas his colleague sustained gunshot wounds to the face and neck. On 9 August 2019, Swartz was apprehended in Mfuleni. On 25 August 2023, he was found guilty and sentenced to life imprisonment for murder, 15 years imprisonment each on two counts of attempted murder, and 12 years for another attempted murder by the Western Cape High Court sitting in Cape Town. The total package of sentence is life imprisonment plus 42 years imprisonment. The sentences were ordered to run concurrently and the accused was further declared unfit to possess a firearm. 6
CASE 6: ACCUSED SENTENCED FOR ENTICING HAWKS MEMBERS MPUMALANGA: On 9 December 2021, a Nigerian man was arrested for drug trafficking. The case was investigated by the Hawks in Mpumalanga. On 08 May 2022, while attending court at Volksrust for a bail application on dealing in drugs, an investigator was approached by the accused’s brother to negotiate the release of his brother. Section 252A of the CPA was activated. Mr Nwaebiem Uchena Uzuegbnam (44) approached the investigator and offered him a gratification of R5 000 in order to have his brother released on bail. Ezeokwuosa Benjamin (42) also joined in making the offer for the same cause. They handed over R5 000 to the investigator with a promise of further gratification to make the case disappear. The duo were arrested and arraigned on corruption. The accused appeared in court on several occasions. Benjamin was granted R5 000-00 bail while Uzuegbnam was remanded in custody. On 30 August 2023, Uzuegbnam pleaded guilty as charged. He was sentenced by the Volksrust Magistrates’ Court to ten (10) years direct imprisonment. The case against Benjamin is postponed to the 24 November 2023 for legal representative.
ILLEGAL MINING ACTIVITIES One hundred and seventy two (172) suspects were arrested by the DPCI for Precious Metals and Diamonds. Two cases are cited as an example of these successes.
CASE 7: AN ILLEGAL MINING KINGPIN OF FOREIGN ORIGIN SENTENCED LIMPOPO: On 3 August 2022, the Polokwane based Hawks’ Serious Organised Crime Investigation in collaboration with National Intervention Unit (NIU), Tactical Response Team (TRT), Local Criminal Record Centre (LCRC), Illegal Mining Task Team, Department of Mineral Resources and Energy (DMRE) conducted illegal mining disruptive operation at Zwartkop Zone 1 in Northam area. The operation resulted in the arrest of five (5) suspects who were caught in the area transporting chrome without a permit. Cheng Liang Tom Chen (48), a Chinese national, was amongst the arrested suspects. During the operation, the team seized 1 excavator, 1 Horse Truck with double trailers loaded with chrome, 1 tipper truck, 2 motor vehicles to the value of over R5 million. Chen was released on bail and while he was out on bail, he was also linked to another case of illegal mining that occurred on 3 August 2022 in Northam area. Through the investigation by the Hawks, the warrant of arrest was issued against Chen and he was rearrested. On 17 July 2023 Chen pleaded guilty on two counts of illegal mining at Thabazimbi Regional Court. He was sentenced to R80 000-00 fine or two (2) years imprisonment.
CASE 8: THIRTY ILLEGAL MINERS ARRESTED DURING AN OPERATION NORTH WEST: On 18 August 2023, the Hawks’ Serious Organised Crime Investigation assisted by the Hawks’ Tactical Operations Management Section (TOMS), LCRC, Explosives Unit, Illegal Mining Task Team, NIU, ER24, Harmony Gold mine and Bidvest Protea Coin securities conducted a disruptive operation, at the Scott Shaft in Stilfontein. The operation resulted in the arrest of thirty (30) illegal miners. Amongst the arrestee, two were charged with illegal possession of firearms and ammunition after. Another two were charged with possession of unwrought gold to the value of approximately R100 000-00. The team recovered three rifles, ammunition, unwrought precious metals, food items, medicine and gold refining paraphernalia. One suspect was shot and injured during a shootout with the police and was rushed to hospital for medical attention. An inquest docket is being investigated after one suspect died soon after he was found hanging from a shaft. All thirty accused, Sebajwa Lekhetho (32), Simon Mashawa (23), Mateas Mlambo (24), Simoni Mashawa (19), Sechaba Mokotoi (24), Temba Mlambo (25), Evans Sozwana (34), Pule Vilankulu (34), Zwelandile Mantambo (41), Norman Shukela (18), Thulani Mdleleni (23), Masebo Mokabo (31), Zamekile Zuma (27), Katlego Dire (25), Willem Makwakwa (26), Relebhile Thosa (35), Shaun Mbambalala (26), Tshidiseang Mokotoi (22), Ndangariro Maranji (18), Thanyan Chukeva (38), Chance Tafura (31), Casper Muisa (31), Knowledge Matoro (18), Theophilus Kesa (20), Phakaditha Moloi (23), Yamkela Dumani (21) and Simone Chamusse (45) appeared in the Stilfontein Magistrate’s Court on 21 August 2023, facing charges of illegal mining, illegal possession of firearms and ammunition; illegal possession of gold and conspiracy to commit an offence and the accused were denied bail. The matter is postponed to the 28 November 2023 for ballistics report.
KIDNAPPINGS AND DEMAND FOR RAMSOM A total number of forty (40) suspects were arrested on kidnapping related charges and eleven (11) victims rescued by a multidisciplinary kidnapping task team. One case is being cited in this regard.
CASE 9: KIDNAPPING SUSPECTS TO APPEAR BEFORE COURT EASTERN CAPE: On 16 August 2023, information was received about four suspects who were planning to kidnap a victim around the Kidd’s Beach area. They were reported to be driving a blue VW Polo with a specified registration number. Three of the suspects were reported to be armed with firearms. At about 18:00 in the evening, the said vehicle was spotted and stopped at Kidd’s Beach. Upon the vehicle search, the occupants were found in possession of three (3) 9mm firearms with serial numbers filed off and 9mm ammunition. The suspects were apprehended on the spot and the exhibits seized. Sinethemba Mlota (29), Habtamu Alemu (30) and Abulela Geli (33) and Thandile Nqothi appeared in Mdantsane Magistrates’ court after they were arrested by the Hawks kidnapping task team on charges of possession of unlicensed firearms, possession of ammunition and conspiracy to commit kidnapping. While the accused are applying for bail on various dates, the latest date is 1 December 2023.
DRUGS Drugs including clandestine laboratories valued at R11 086 284.00 were seized with total number of fifty two (52) suspects arrested of which thirty (30) are South African nationals and twenty two (22) are foreign nationals. Four (4) clandestine drugs laboratories were dismantled with seven (7) arrests. It is therefore imperative to educate our communities to stop the demand of drugs whilst law enforces stop the supply. I shall cite one case as an example.
CASE 10: DRUG TRAFFICKER TO SERVE FIFTEEN YEARS IMPRISONMENT NORTHERN CAPE: On 08 May 2020, Lewis Johnson (69), a Mozambican national was arrested during a Police COVID 19 roadblock. Police stopped a White LWB van and requested a permit from the driver since it was stage level 5. The driver could not produce the necessary permit and members continued to search the said vehicle, on searching the vehicle Police discovered drugs, Tik (crystal methamphetamine) weighting 12.6 Kg with an estimated street value of R3 971 268-00. The Hawks Serious Organised Crime Investigation team successfully investigated the matter resulting in a conviction. On 27 July 2023, Calvinia Regional Court sentenced Johnson to an effective fifteen (15) years imprisonment for drug trafficking.
CASH-IN-TRANSIT (CIT) HEISTS Cash-in transit heists continue to be a thorn in the Economy of the country and the DPCI in collaboration with private organisations continue to strengthen the fight against these crimes. For this quarter, forty-eight (48) arrests were effected and two (2) convictions secured. I shall cite two matters in this regard.
CASE 11: NINETEEN (19) MAKHADO SUSPECTS KILLED IN PLANNED CIT LIMPOPO: During August 2023, an organised criminal group planned to commit a CIT in Makhado. The Hawks members received information about the plot and actioned the information. A multidisciplinary team consisting of DPCI from National Priority Violent Crime (NPVC), Mpumalanga, Limpopo, Tactical Operations Management Section (TOMS), and TRT, STF, Gauteng Traffic Police Saturation Unit as well as Head Office Counter Intelligence was assembled. An observation was held on the suspects. On 1 September 2023, the suspects were about to leave the house to execute their mission when they realised that they were being monitored and they started shooting at the team. A ninety minute shoot out ensued. Nineteen (19) individuals (17 males and 2 females) perished during that shootout with the police at the safe house in Eltivillas at Makhado. The Hawks Team leader was seriously injured during the engagement with the suspects. When the scene was combed, the team found eleven (11) firearms with ammunition and multiple Magazines, (AK47, R1, R5 and a pistol) as well as primed explosives plus detonators, boosters, lead cords and raw explosives. Furthermore, five (5) vehicles (Ford Ranger, Mercedes Benz ML, Land Rover, Toyota Bakkie and VW Tiguan) were impounded on the scene. Whilst the police were busy engaging the suspects in Makhado, another group of the police team proceeded to another safe house in Thohoyandou where five (5) suspects were arrested. The arrested suspects are believed to be part of those who perished in Makhado. One suspected stolen vehicle and another vehicle with an ambulance branding were found at this Thohoyandou scene. An ambulance-looking vehicle was going to be used to transport money after the heist from Limpopo Province to Gauteng Province. Five (5) accused Asanda Maqhawu (33), Charity Phaphutshedzo Makhwedzana (34), Ramabele Justice Peta (47), Vusimuzi Samuel Ramabekae (51) and Sillo Shadrack Mposi (48) were charged with possession of suspected stolen motor vehicles, theft, conspiracy to commit crime and fraud. They appeared before the Vuwani Magistrate’s Court on 4 September 2023. The case was postponed to 3 October 2023 where one of the accused, Charity Phathutshedzo Makhwedzana was released on R1 500-00 bail. The matter is postponed to 16 February 2024 for further investigation.
CASE 12: THREE (3) SUSPECTS REMANDED IN CUSTODY FOR CIT MPUMALANGA: On 11 August 2023, Fidelity Services armoured vehicle that was traveling from Malelane towards Tonga was attacked by a group of suspects who deployed a Mercedes Benz and explosives. An operation was immediately conducted at Schoemansdal by a multi-disciplinary operational team consisting of the Hawks Nelspruit based Serious Organised Crime Investigation, Provincial task team, Head Office Crime Intelligence, NIU, TRT and private security companies. Three suspects, Mosa Bhekifa Ngwenyama (30) who is a taxi driver, Ali Obi Ebrahim (24) (a Malawian national) who is a spaza shop cashier and Mfanasibili Lawrence Lubisi (44) who is the owner of the safe house and also a messenger at the Department of Agriculture were arrested during a multi-disciplinary intelligence driven operation. The trio appeared in Malelane Magistrates’ Court. After several appearances, Ngwenyama and Lubisi were released on R5 000-00 bail each. Ebrahim whose work permit expired remains in custody. The case is postponed 06 December 2023.
ECONOMIC PROTECTED RESOURCES WILDLIFE TRAFFICKING South Africa is home to nearly 10% of the world’s plants and 7% of the world’s reptiles, birds and mammals. Due to the abundance of our natural resources, we are targeted by unscrupulous people who illegally kill and traffic wildlife species for financial gain.
CASE 13: A CHINESE NATIONAL SENTENCED FOR ABALONE SMUGGLING WESTERN CAPE: During October 2021, members of Hawks’ Serious Organised Crime Investigation with the Department of Forestry, Fisheries and the Environment and Crime Intelligence conducted an operation at Melkbosstrand where abalone processing was taking place. On 25 October 2021, Qiang Chen (29) was arrested during the search and seizure operation for illegally operating a fish processing establishment. During the search 5206 dried abalone were seized as well as abalone processing equipment that were found on the premises. On 04 September 2023 Chen entered into a plea agreement in terms of Section 105A of the CPA. The Atlantis Regional Court convicted Chen and sentenced him to a fine of R1 000 000-00 (one million rand) or five (5) years direct imprisonment for Contravention of Section 18(1); and a fine of R250 000-00 or three (3) years imprisonment for Contravention the Regulation 36(1)(a) of the Marine Living Resources Act 18 of 1998. Both sentences were wholly suspended for a period of five (5) years. In terms of Section 18(2)(a) of POCA, a confiscation order of the amount of R150 000-00 was ordered against the accused. All abalone and equipment were forfeited to the State in terms of Section 35 of CPA.
CASE 14: FUGITIVE ARRESTED FOR R14.7 MILLION ESKOM FRAUD MPUMALANGA: During April 2013, Jones colluded with Thandeka Innocentia Nkosi (42), who was working for Eskom as a senior buyer. During investigation, it was established that the family of Jones and his girlfriend were involved in defrauding Eskom an amount of R14.7m. On 07 September 2023, Patric Patrese Jones (55) who was sought by the Hawks and published in the media as wanted for fraud, theft, and money laundering was arrested by the Hawks in Western Cape at his hiding place in Gordons Bay. Patric Patrese Jones appeared in transit at Strand Magistrates’ Court, Western Cape on 08 September 2023. He was transferred to Mpumalanga, appeared at Hendrina Magistrates’ Court on 11 September 2023 and bail successfully opposed. Patric Patrese Jones is added to as the sixth accused following Thandeka Innocentia Nkosi (42), Godfrey Jason Jones (46), Rabela Sarah Jones (71), Angel Frost Investment (PTY) Ltd and Maria Cantelo (53) who is a foreign national. The accused are released on R100 000.00 bail each, except Rabela Sarah Jones, who was released on R30 000.00 bail. The case was transferred to Middelburg Specialised Commercial Crimes Court and it is postponed to 4 December 2023 where the accused will be to be formally joined with the other five accused.
CASE 15: FOUR MOZAMBICANS AND A SOUTH AFRICAN ARRESTED FOR DAMAGE TO ESSENTIAL INFRASTRUCTURE MPUMALANGA: On 10 September 2023, a team comprising of the Hawks Serious Organised Crime Investigation based in Middelburg, Transnet investigators, LCRC and Amahlo Solution conducted a disruptive operation based on information regarding a group of suspects who were planning to steal Transnet overhead cables in Delmas. During the operation four Mozambican nationals, Chailex Chirrinzane (14), Joshua Mavia Mapendani (34), Sizwe Rinze Masasane (27), Lino Matchave (23) and a South African, Themba Swele (27) were found busy harvesting the Transnet overhead cables. The five were arrested and the exhibits which included overhead cable to the value of R3m, bolt cutter and Isuzu bakkie to the value of R150 000.00 were seized. On 12 September 2023, the accused made their first appearance at Delmas Magistrate’s Court for damaging of essential infrastructure and contravening the Immigrations Act. They appeared several times for bail application and the matter is remanded to 4 December 2023 for judgement on bail. CASE 16: A ZIMBABWEAN SENTENCED TO 15 YEARS IMPRISONMENT LIMPOPO: In July 2023, the South African Revenue Service (SARS) personnel were busy scanning the vehicles at Beitbridge Port of Entry when they noticed suspicious items that were loaded in a truck that was driven by Josephat Bayayi (43) from Zimbabwe. The Beitbridge Port of Entry based police, LCRC and Bomb Technicians were summoned to the scene. The truck was searched and the team found and seized 1 726 pieces of explosives valued at R456 850.00. Bayayi was immediately placed under arrest for smuggling the explosives. The case was opened and the docket was later transferred to the Musina based Hawks’ Serious Organised Crime Investigation for further handling. During the investigation, it was established that the explosives were coming from Zimbabwe and destined for Johannesburg in Gauteng Province. Bayayi was denied bail and remained in custody. On 22 August 2023, the Musina Regional Court convicted and sentenced Bayayi to fifteen (15) years imprisonment for smuggling the explosives.
CASE 17: GHANAIAN AND ZIMBABWEAN SENTENCED FOR THEFT OF FUEL GAUTENG: On 16 March 2020, the Vaal Rand based Serious Organised Crime Investigation arrested Razzak Okai (Ghanaian) and George Chinyongo (Zimbabwean) for tempering with essential infrastructure and theft of fuel at Klipriver where the pair was held for illegal immigration related charges. Bail was successfully opposed against Okai and Chinyongo who are still in custody since their arrest. On 20 July 2023, the two were each sentenced to fifteen (15) years imprisonment for tampering with essential infrastructure and fifteen (15) years for theft of Transnet fuel and further six (6) months imprisonment for contravention of the Immigration Act. The combined thirty (30) years and six (6) months imprisonment will run concurrently, which means that they shall serve 15 years imprisonment each. May I mention that since a major investigation on theft of fuel from pipelines was put in put in place in December 2019, two hundred and twenty three (223) arrests were effected and twenty seven (27) convictions already secured with four (4) acquittals. This represent 87% conviction rate.
SERIOUS COMMERCIAL CRIME INVESTIGATION SARS RELATED CASES In executing its mandate, the DPCI collaborates with other Law Enforcement Agencies, amongst others, the SARS. In January 2023, DPCI and SARS signed a Memorandum of Understanding, in an effort to enhance collaborative efforts between the two agencies. During the period from 2023-04-01 to 2023-08-30 the DPCI achieved thirty five (35) convictions on tax related offences. The sentences of the accused, who are a combination of natural persons and juristic persons, included orders of payment of a total amount of R11 654 445-33 to SARS. Currently the DPCI is investigating 716 cases on SARS related matters. Of these cases, 223 are pending at court, 263 under investigation while 230 are pending decision by the National Prosecuting Authority.
CASE 18: FORMER COMPANY DIRECTOR SENTENCED FOR FRAUD KWAZULU-NATAL: In March 2020, Nana Perseverance Magubane (43) was arrested by the Durban based Hawks’ Serious Commercial Crime Investigation team after discrepancies were discovered by SARS. The company submitted fraudulent invoices to SARS which resulted in an actual loss of R3 723 520-00. She was charged with six (6) counts of fraud. Magubane pleaded guilty and she was convicted by the Durban Magistrates’ Court. On 17 July 2023, she was sentenced to a R300 000-00 fine which will be paid in instalments and a further four (4) years imprisonment which is suspended.
CASE 19: AN INDIAN NATIONAL ARRESTED FOR R330M ILLICIT TOBACCO EASTERN CAPE: On 29 June 2022, the investigation team of the Hawks applied for a search warrant, which was authorised and executed at Abdulsmad Ahmed Kotars’ (31) storage units in East London. Upon searching, illicit tobacco of various brands to the value of R30 492 936-00 was found and seized. On 11 September 2023, the verification revealed that the tobacco that was seized from Kotar’s storage was illicit. He was arrested. The collaboration amongst the East London based Serious Commercial Crime Investigation team of the Hawks, with National Prosecuting Authority (NPA) and the SARS ensured that Kotar is secured before East London District court on 11 September 2023. He is released on R100 000-00 bail and the case is remanded to 24 November 2023 for copies of the docket.
MONEY LAUNDERING CASE 20: SEVEN (7) ACCUSED CONVICTED FOR MONEY LAUNDERING GAUTENG –In June 2020, the Hawks received information about a Nigerian syndicate that purchased three (3) Range Rovers cash. The investigation uncovered that the funds were from Business Email Compromise (BEC) in Texas USA. The case was thoroughly investigated in collaboration with United States Secret Service (USSS). On 31 March 2022, nine (9) suspects including Lerato Letsholo (27) and Vintam Magamba (32) were arrested during a multi-disciplinary take down operation where two Mercedes Benz vehicles to the value of R5.3 million were seized. The case was withdrawn against two accused persons. On 28 August 2023, the two accused pleaded guilty on charges of money laundering. The Johannesburg Specialised Commercial Crimes Court, sitting at Palmridge sentenced each of them to a fine of R10 000-00 plus five (5) years imprisonment wholly suspended. On 17 October 2023, five more accused pleaded guilty. Nomzamo Buthelezi was sentenced to a fine of R10 000-00, plus five (5) years imprisonment which is wholly suspended. Ifeanyi Onyeama was fined R15 000-00 plus five (5) years imprisonment which is wholly suspended. Stanley Okoh and Helen Okoh, who are a couple, as well as Immanuael Akindunmade will appear on 27 November 2023 for trial.
CASE 21: HEFTY SENTENCE FOR BOGUS ESTATE AGENT FREE STATE: On 19 June 2014, the victim saw an advertisement of a house placed by Sabata Israel Papane (60) in a local newspaper. The victim then met with the advertiser who acted as an estate agent and accepted an offer to purchase the house. The victim paid an amount of R100 000-00 and she wanted to occupy the house, she discovered that the suspect was not the lawful owner of the house nor the designated estate agent. The suspect failed to refund the victim on request. The matter was reported to the Hawks’ Serious Commercial Crime Investigation based in Bloemfontein. The investigation culminated in summons being served on the suspect on 10 August 2021. The accused appeared in court on several occasions until 03 July 2023, where he was convicted on 57 counts of fraud, contravention of Section 26 of the Estate Agency Affairs Act and money laundering in contravention of Section 4 of the POCA. The Bloemfontein Magistrates’ Court sentenced him to twenty three (23) years imprisonment.
CASE 22: TWO (2) SIBLINGS ARRESTED FOR R100 MILLION FRAUD GAUTENG: Between January 2017 and November 2020, Christina Smith (53), a credit controller and Barbara van Zyl (54), a senior credit controller, who are siblings allegedly defrauded their employer who is food manufacturing and distribution company. They changed banking details of several suppliers and service providers contracted to the company and replaced them with an account belonging to one of them. Over years, they reversed or diverted payments amounting to R100m. The matter was reported to authorities and a case was opened. On 6 September 2023 the siblings were arrested by the Hawks’ Germiston based Serious Commercial Crime Investigation after handing themselves over to the authorities for fraud and theft. The pair made their first appearance before the Palm Ridge Specialised Commercial Crimes Court on 6 September 2023 and the case was postponed to 07 September 2023 where the pair was granted bail of R20 000-00 each. The case is postponed to 8 February 2024 for copies of a case docket.
LEGAL OFFICIALS CASE 23: ATTORNEY APPEARS IN COURT FOR ALLEGED RAF FRAUD NORTH WEST: A widow who lost her spouse in a vehicle accident requested the assistance of Emanuel Mesele Tau (50), an attorney to lodge a claim with the Road Accident Fund (RAF). In 2014, a pay-out of R763 195.00 was received by the attorney, who did not divulge this information to his client. In 2021, after several failed attempts to get hold of the attorney, the widow reported the incident to the police. The case was referred to the Hawks’ Serious Commercial Crime Investigation for further probing, resulting in the arrest of the attorney. On 24 July 2023, Tau was arrested and appeared before the Rustenburg Magistrates’ Court for alleged fraud. He was released on R5 000-00 bail. The case is postponed to the 23 January 2024.
CASE 24: AN ADVOCATE ARRESTED FOR CORRUPTION WESTERN CAPE: On 23 September 2022, Advocate Phuti Given Mothemane (35) allegedly approached a member of NPA and offered fifty thousand rand (R50 000.00) to file representations in favour of his client or make the State’s case to disappear. A warrant of arrest was issued against Mothemane. On 8 September 2023, the Bellville based Serious Corruption Investigation team, arrested Advocate Mothemane for corruption. The accused made the first appearance in the Bellville Regional Court on 8 September 2023. He is out on R5 000.00 bail and the next court date is set for 30 January 2024 for outcome of legal representation.
FINANCIAL INVESTIGATION SECTION (FIS) AND ASSETS FORFEITURE INVESTIGATION SECTION (AFIS) OF THE PRIORITY CRIME SPECIALISED INVESTIGATION (PCSI) Through the continuous support in respect of financial investigation provided by PCSI to operational environments, a total number of seventeen (17) accused persons were convicted in five (5) cases for money laundering based on court decisions in terms of Section 4, 5 & 6 of POCA with the total number of seven thousand and nighty six (7 096) counts. PCSI managed to finalise financial investigations and submitted a total number of ninety eight (98) cases to the assigned prosecutors for decision on whether to bring money laundering charges or not. A total number of eighty eight (88) court orders with a monetary value of R52 381 127- 60 were granted during this quarter. Of these orders, fifty seven (57) were Preservation Orders with a monetary value of R42 192 193-20, twenty nine (29) Forfeiture Orders with a monetary value of R9 397 285-40; and two (2) Restraint Orders with a monetary value of R791 649-00. An amount of R822 400.76 was paid into the Criminal Assets Recovery Account (CARA) in the second Quarter of 2023/2024. This is kind of work that contributes to CARA funds. I cite one example in this regard.
CASE 25: R2.6 MILLION RESTRAINING ORDER ISSUED MPUMALANGA: Between March 2012 and May 2013 Nwabisa Ngxola was responsible for capturing payments and invoices whilst and Cinderella Moropane was a project co-ordinator at Eskom. Mandla Power lines company had a contract with Eskom. Upon expiry of the contract, the company was approached by Ngxolo and Moropane to continue invoicing Eskom. Fraudulent invoices were submitted for payment for work not done. Mandla power lines was told to transfer the funds into Chimanzi Investments, which belongs to Chimanzi, a boyfriend of Moropane. After the payments were made, monies were then transferred to Edward Moropane’s account who is Cinderella’s father and that of her brother, Jeffrey Moropane. The total monies transferred to the above individuals equalled R2 600 000.00. On 16 August 2023, the Mpumalanga Division of the High Court sitting at Nelspruit issued a restraining order against former Eskom employees and their relatives, that is, Nwabisa Ngxola, Cinderella Moropane, Edward Moropane and Jeffrey Moropane. The frozen assets include Nwabisa Ngxola’s pension benefit, Mini Cooper vehicle; Cinderella Moropane’s pension benefit, Nissan Almeira vehicle, Edward Moropane’s house, GWM Steed Single Cab 4×2 vehicle, a GWM Steed 5 K2 Single Cab vehicle, and Jeffrey Moropane’s Toyota Corolla vehicle. There were no assets found from Micheal Chimazi. The matter is postponed to 6 February 2024 for consideration of confiscation order. The criminal cases against Edward Moropane and Jeffrey Moropane were withdrawn. Micheal Chimazi was sentenced on 1 March 2023 to eight (8) years imprisonment wholly suspended. Nwabisa Ngxola was sentenced on 3 May 2023 to ten (10) years imprisonment for sixteen (16) counts of fraud, seven (7) years imprisonment for thirty-nine (39) counts of corruption, and additional seven (7) years imprisonment for forty-eight (48) counts of money laundering. The sentences runs concurrently and Ngxola will serve ten (10) years imprisonment. The case against Cinderella Moropane was postponed to 24 February 2024 for sentencing.
SERIOUS CORRUPTION INVESTIGATION
CASE 26: HAWKS OFFICIALS APPEARED ON CORRUPTION CHARGES EASTERN CAPE: On 31 July 2023 and 4 August 2023, the complainant received a call from a person who introduced himself as a Captain from Gauteng Hawks. He sought a meeting with the complainant as he alleged that the Department of Labour opened a case against his company. He demanded an amount of R400 000-00. On 5 September 2023, the complainant received another call requesting a meeting in Mthatha to bring an amount of R50 000-00 for the docket to be destroyed and thus close the case. He reported the matter to the Hawks in Eastern Cape. On 7 September 2023, an undercover operation was conducted by Mthatha based Serious Corruption Investigation and Serious Organised Crime Investigation of the Hawks jointly with Crime Intelligence. Captain Given Makhubele (42) and Sergeant Jacob Tyantini (43) were arrested immediately after the transaction. An amount of R10 000-00 was found in their possession. The duo appeared in Mthatha Specialised Commercial Crimes Court on 8 September 2023 on allegations of corruption. They were remanded in custody until 11 September 2023 when they were released on R5 000-00 bail each. The matter is remanded to 29 November 2023 for provisional date and finalisation of the investigations.
CASE 27: THREE POLICE OFFICERS ARRESTED FOR ALLEGED EXTORTION GAUTENG: On 16 January 2023, Warrant Officer MA Mokonyama (46) of Soweto Dog Unit, Constable NP Khumalo (26) of Soweto Crime Intelligence and Constable S Mkhize (33) of Soweto Crime Intelligence visited the complainant’s house in Soweto. They requested to search the house as they were following up on information alleging that the complainant was illegally dealing in gold and copper. It is further alleged that the officers gave the complainant two options, either they go ahead and search his place of residence or he pays them R300 000-00. The complainant gave the officers permission to search his premises, they found his firearm with fifteen (15) live rounds, and three sealed boxes containing live rounds as well as R37 200-00 cash. The officers are alleged to have demanded that the complainant transfer an amount of R300 000-00 from his banking app which was unsuccessful. They resorted to taking the complainant to a nearby shopping centre and forced him to withdraw R8 000. His licenced firearm was confiscated and told that he would receive it back once R150 000 was paid to them. On 07 September 2023, the NPA decided to prosecute the trio for fraud, defeating the ends of justice, extortion and theft. Warrants of arrests were authorised. On 8 September 2023, the trio were arrested in Soweto by members of Serious Corruption Investigation. They appeared before the Protea Magistrates’ court where the case was postponed to 13 September 2023 and 15 September 2023 resulting in the granting of bail of R5 000-00. The case is remanded to 24 March 2024 for disclosure.
COVID-19 RELATED MATTERS The DPCI continues to jointly, respond to those who committed crimes relating to the Covid-19 Relief Fund as coordinated at the Fusion Centre, which is housed at the Financial Intelligence Centre (FIC). A joint media briefing is being arranged on the progress. Two cases are cited here.
CASE 28: TWO CONVICTED AND SENTENCED FOR DEFRAUDING UIF GAUTENG: In April 2020 during the COVID-19 pandemic, Kolotsi General Construction and Service Providers company fraudulently applied for the COVID-19 Temporary Employer/Employee Relief Scheme (TERS) using the name Ditlou Kolotsi Trading Enterprise. Charles Kolotsi (28) is a sole director of both the entities which falsely claimed to have employed four hundred and five employees thus receiving a total of R4 754 950, 50 from the Unemployment Insurance Fund (UIF). The matter was reported to the Germiston based Hawks’ Serious Corruption Investigation which conducted an investigation. In August 2022, Kolotsi and Johannes Thelele (42) who received R500 000-00, were arrested. They were granted R5 000 bail each. In July 2023, the pair pleaded guilty to charges of fraud and money laundering. On 7 September 2023, the Palm Ridge Specialised Commercial Crimes Court sentenced Kolotsi and Thelele for fraud and money laundering. Kolotsi was sentenced to 15 years imprisonment for fraud, money laundering and Thelele was sentenced to 10 years imprisonment for money laundering. The duo were declared unfit to possess a firearm. CASE 29: NINE (9) SUSPECTS ARRESTED FOR PPE CORRUPTION NORTHERN CAPE: On 23 August 2023, the Hawks’ Serious Corruption Investigation executed warrants of arrest on nine (9) suspects and secured the attendance of two (2) juristic persons in court. The suspects are accused of fraud, corruption, money laundering and contravening the Public Finance Management Act (PFMA). The Northern Cape Department of Health suffered loss of R16 906 667-50. One of the accused, Dr Dion Garvy Theys (56), who is the Head of Department (HOD) of Health, was the acting accounting officer during the commission of the crime. On 16 August 2023, Theys was sentenced on another matter of contravention of the PFMA relating to R96m lease agreement. The matter was investigated by Hawks Serious Corruption Investigation team, which arrested him in March 2021. He was sentenced to a fine of one hundred and fifty thousand rand (R150 000.00) or three (3) years imprisonment of which one hundred thousand rand (R100 000.00) or two (2) years imprisonment was suspended. The other accused who are officials in the Department are Daniel Mosimanigape (54) (CFO), Victor Nyokong (41), Montgomery Lifa (39), Siyabolela Booi (38), Goitemodimo Piet Moseki (50), and Dibueng Manyetsa (63) as well as two company directors, Kanyaditswe Visser (44), and Kelebogile Bogatso (58). The Hawk’s PSCI has secured a preservation order worth a combined value worth R5.3m, which included a piece of land and a Bentley Continental GT. All accused have been granted bail. The case is postponed to 29 January 2024 for disclosure.
CASE 30: FIFTEEN (15) ACCUSED SHARES 654 YEARS IMPRISONMENT WESTERN CAPE: On 5 March 2018, members of the Hawks’ Economic Protected Resources (EPR) assisted by TRT members, STF, Asset Forfeiture Unit (AFU) as well as members of the Department of Forestry, Fisheries and Environment conducted an 24 integrated takedown operation where eighteen (18) targets were arrested. Three (3) of the accused died while trial was still on. On 1 September 2023, Winston Mervin Busch and Nomvuyo Concellia Motloung pleaded guilty for colluding with abalone poachers by illegally selling back the seized abalone and escorting illegal abalone shipment. 1. Winston Mervin Busch was convicted on six (6) counts of managing organised crime, participation, money laundering, corruption, possession of abalone, and sentenced to a combined period of 27 years imprisonment. Busch will serve five year direct imprisonment. 2. Nomvuyo Concellia Motloung was convicted on seven (7) counts of managing organised crime, participation, money laundering, corruption, possession of abalone, and sentenced to a combined period of 30 years imprisonment. 3. On 2018-08-15, Courtley May entered into a plea agreement with the State in terms of Section 105A of CPA. He was convicted on two (2) counts of corruption and contravention of the Marine Living Resources Act. He was sentenced to fine of R20 000.00 or 24 months imprisonment and a further eight (8) years imprisonment, which is wholly suspended. 4. On 2021-02-12, Solomon Sauls entered into a plea agreement with the State in terms of Section 105A of CPA. He was convicted on forty one (41) counts and sentenced to a combined period of 249 years imprisonment. He is to serve effective 18 years imprisonment. 5. On 2021-02-19, Preston Julies entered into a plea agreement with the State. He was convicted on five (5) counts and sentenced to 19 years imprisonment. He is to serve effective five (5) years imprisonment. On 11 August 2023, the following accused were respectively sentenced by the Western Cape High Court on charges of a pattern of racketeering activity by managing organised crime, participation, money laundering, corruption and possession of abalone. 6. Adam Baadjies (42) was convicted on six (6) counts and sentenced to a combined period of 52 years imprisonment. 7.Rudolf Andrew Louw (40) was convicted on six (6) counts and sentenced to a combined period of 47 years imprisonment. 8. Alistair Hillmar Maans (47) was convicted on six (6) counts and sentenced to a combined period of 47 years imprisonment. 9. Linda Nkeleni (48) was convicted on six (6) counts and sentenced to a combined period of 47 years imprisonment. 10. John Stephanus Karelse (53) was convicted on six (6) and sentenced to a combined period of 47 years imprisonment. 11. Frederick Myburgh (52) was convicted on four (4) counts and sentenced to a combined period of 22 years imprisonment. 12. Dennis Swart (42) was convicted on four (4) counts and sentenced to a combined period of 25 years imprisonment. 13.Eugene Herandien (59) was convicted on two (2) counts and sentenced to a fine of R70 000-00 or combined period of 6 years imprisonment. 14. Richard Malan (55) was convicted of two (2) counts and sentenced to a combined period of 8 years imprisonment. 15. Steve Dlovo (40) was convicted of four (4) counts and sentenced a combined period of 18 years imprisonment.
In conclusion, allow me to repeat that the DPCI shall, at all times enforce the law of the Republic without fear, favour or prejudice. I thank you!!! |
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