| 2024/08/25 |
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Dear South Africans, We are pleased to share the successes attained by the Directorate for Priority Crime Investigation (DPCI) during the 1st quarter of 2024/2025. The DPCI remains committed to its mandate of investigating, preventing, and combating national priority offences. At the end of the last financial year, the DPCI was carrying 18 461 cases involving 752 712 charges with the value of R1 026 817 012 597-38. Of these cases, 5 616 involving 11 972 accused (natural persons) were serving before the various courts in the country while 1 788 were receiving attention by the National Prosecuting Authority (NPA) in order to decide on prosecution or otherwise. The DPCI has made significant inroads in apprehending individuals involved in high-profile cases, thus ensuring accountability and justice for the victims. These arrests targeted people involved in serious corruption, fraud, money laundering, police killings, cash-in-transit robberies, illegal mining, damage to essential infrastructure and crimes against the state. A total number of six hundred and seventy-three (673) suspects representing six hundred and thirty-seven (637) natural persons and thirty-six (36) juristic persons were secured before the various courts in the country. Of these natural persons, four hundred and seventy-nine (489), which is 77% are South Africans while one hundred and forty-eight (148), which is 23% are foreign nationals. Of the six hundred and seventy-three (673) suspects, the Serious Organised Crime Investigation secured three hundred and seventy (370), the Serious Commercial Crime Investigation secured two hundred and thirty-four (234) while the Serious Corruption Investigation secured sixty-nine (69) suspects. Most of the arrests were effected in Gauteng province with one hundred and sixty-seven (167), KwaZulu-Natal province with one hundred and fourteen (114), North West province with ninety-two (92), Mpumalanga province with fifty-seven (57) and Eastern Cape province with fifty-six (56) suspects. During these arrests, sixty-eight (68) firearms and one thousand, seven hundred and ninety-seven (1797) rounds of ammunition were seized. Three (3) clandestine drug laboratories were dismantled in Gauteng province with a total value of R16 179 300. 00. During this same period, the Directorate secured convictions on five hundred and six (506) accused. Of these convictions, two hundred and sixty-two (262) accused persons inclusive of twelve (12) juristic persons were sentenced while the balance of two hundred and forty-four (244) convicts inclusive of fifteen (15) juristic persons are to be sentenced on dates after the quarter under review. Of the two hundred and sixty-two (262) sentenced natural persons, one hundred and seventy three (173) are South Africans while seventy-seven (77) are foreign nationals. The top sentenced foreign nationals are Zimbabweans with twenty-seven (27) convicts followed by the Basotho with fourteen (14) convicts and Mozambicans with ten (10) convicts. Most of these convictions and sentences were secured in the North West province with fifty-one (51), Gauteng province with forty seventy forty-seven (47), Mpumalanga province with twenty-six (26), KwaZulu-Natal province with twenty-four (24) and Eastern Cape province with twenty-three (23) convicts. Of these convictions, the Serious Organised Crime Investigation (SOCI) secured one hundred and thirty-five (135), Serious Commercial Crime Investigation (SCCI) secured eighty-eight (88) and Serious Corruption Investigation (SCI) secured twenty-one (21). We shall in the coming months, analyse the two hundred and forty-four (244) convicts, as and when they are sentenced. To ensure that crime does not pay, seventy-seven (77) court orders were granted in relation to the assets associated with crime. These make the total recorded successes on arrests, convictions and attachment of assets to 1256. I shall highlight thirty (30) cases, which represent only 2% of the successes.
SERIOUS ORGANISED CRIME INVESTIGATION The DPCI carried over a total number of thirty-four (34) project driven investigations from the 4th quarter of 2023/2024 financial year. Five (5) project driven investigations were closed in the 1st quarter 2024/2025 financial year of which four (04) project driven investigations were closed successfully with thirty-five (35) arrests.
CASE 1: MAN SENTENCED TO 185 YEARS FOR ILLEGAL POSSESSION OF FIREARMS When the driver, Urbanus Lomboleni Shaumbwako (41), a Namibian national, got out of the vehicle to open the boot, a red bag was noticed on the passenger’s side. When asked as to the contents of the bag, he jumped back into his vehicle and sped off. The officials gave chase and managed to block the vehicle in Du Noon where he drove into Waxberry Street taxi rank. He jumped out of the vehicle with the bag, and tried to run away. The officials managed to catch the driver and the bag was opened. It contained an assortment of 12 pistols. Shaumbwako was arrested for charges ranging from possession of prohibited firearms, defeating or obstructing the end of justice, and reckless and negligent driving. The docket was assigned to the Hawks’ Serious Organised Crime Investigation for further handling. The accused appeared in the Cape Town Regional Court on several occasions until he was convicted. On 18 April 2024, Shaumbwako was sentenced to a combined sentence of 185 years imprisonment, which is made of 15 years imprisonment for each of the 12 counts of unlawful possession of firearms; twenty-four (24) months imprisonment for defeating or obstructing the course or ends of justice; six thousand rand fine or 12 months imprisonment for reckless and negligent driving; and two (2) years imprisonment for receiving the firearms from a person knowing that the manufacturer serial number were erased, altered and or removed. As the sentences of possession of firearms were ordered to run concurrently, the convict will effectively serve 20 years imprisonment. Over and above, the court declared the convict unfit to possess a firearm.
CRIMES AGAINST THE STATE (CATS) KWAZULU-NATAL: On 3 March 2024, Visvin Reddy (53) was allegedly heard and seen making utterances that might incite violence in Durban. He was threatening that the country will be plunged into civil war the day his political party is not appearing on the ballot paper and not allowed to campaign. He further threatened that they will make sure that no one will make it to the voting stations. He was calling for the curtailing of the constitutional rights of willing voters to exercise their democratic right to vote.
A case of contravention of the Riotous Assemblies Act 17 of 1956 for inciting violence was opened at Durban Central police station and allocated to the Durban based Hawks’ Serious Organised Crime Investigation for further exploration.
CASE 3: A SUSPECT ARRESTED FOR INCITING PUBLIC VIOLENCE Investigation with the assistance of Crime Intelligence followed up on an information regarding a member of the public who was allegedly inciting public violence through social media saying that, “The country must be shut down and the President must be removed”. The suspect Xolani Gregory Khoza (37) was identified, traced and arrested. He appeared in court on 24 June 2024 where he is facing charges of inciting public violence in contravention of the Riotous Assemblies Act 17 of 1956 and contravening Section 14 of the Cybercrimes Act 19 of 2020. The case was postponed to 1 July 2024 at Nelspruit Magistrates Court where he was granted R2000 bail. The matter is postponed to 2 September 2024.
CASE 4: ACCUSED SENTENCED TO FIVE YEARS IMPRISONMENT FOR CYBERCRIME A disruptive operation consisting of Hawks Serious Organised Crime Investigation team and Crime Intelligence was operationalized which located him. He was arrested and his explanation was that he posted the message because of the frustration of unemployment. He made numerous court appearances until his sentencing. On 22 May 2024, Kasper was convicted by De Aar Regional Court and sentenced to five (5) years imprisonment for cyber fraud.
POLICE KILLINGS: An attack on a police official is an act of undermining the authority of the State. The DPCI shall continue to effectively respond to these crimes. Twenty-one (21) members were killed in the 1st quarter of 2024/2025 with sixteen (16) of those having been killed whilst off duty and five (5) whilst on duty. Eighteen (18) arrests were effected of which nine (9) were effected on the twenty-one (21) cases reported for the period while nine (9) were on eight (8) cases registered prior to the 1st quarter. Twelve (12) accused were convicted on four (4) cases and sentenced to combined period of one hundred and thirty-nine (139) years and six (6) months imprisonment. One (1) accused person was sentenced to life imprisonment for the murder of a metro-police official.
CASE 5: METRO POLICE KILLER GETS LIFE PLUS 50 YEARS IMPRISONMENT The case was opened at Umlazi police station and handed over to the Durban based Hawks’ Serious Organised Crime Investigation for further probe. An intensive investigation by the Hawks led to the arrest of Siphakamiso Jeffrey Sosibo (31) who was found in possession of the deceased’s firearm. The matter was remanded several times before his ultimate conviction. On 12 April 2024, the KwaZulu-Natal Local Division of the High Court sitting in Durban sentenced Sosibo to life imprisonment for murder, 15 years imprisonment for robbery with aggravating circumstances, 15 years imprisonment for unlawful possession of firearm, five (5) years imprisonment for three counts of attempted murder each and five (5) years imprisonment for possession of ammunition. The accused was further declared unfit to possess firearm.
CASH-IN-TRANSIT (CIT) ROBBERIES: Criminals who bomb armoured cash vehicles are ruthless and do not value the lives of others. Fifty-five (55) cases were reported on cash-in-transit (CIT) related crimes for the reporting period. Thirty-four (34) suspects were arrested which is made of twenty-eight (28) arrests effected on cases reported during the first quarter including the seven (7) suspects who died during exchange of fire with police and six (6) arrests on CIT cases reported before this quarter. There were also twenty-seven (27) arrests on cash-in-transit related cases. These are cases such as conspiracy to commit a cash-in-transit robbery, unlawful possession of a firearm and possession of suspected stolen property such as hijacked vehicles which are used in cash-in-transit robberies. This brings the total number of arrests to sixty-one (61). There were nineteen (19) convictions on eight (8) CIT and CIT-related cases in the period under review and the convicts were sentenced to a combined period of two hundred and eighty-eight (288) years imprisonment and one (1) convict was sentenced to a R10 000 fine. I shall cite two (2) cases in this regard.
CASE 6: 190 YEARS COLLECTIVE IMPRISONMENT FOR STAGED CIT ROBBERY The seasoned detectives from Port Shepstone Serious Organised Crime Investigation interviewed all security guards who were robbed. During the interview, it was established that Bonginkosi Mabusela (34), Phelo Mdleleni (47), and Sinenhlanhla Mhlamvu (33) were involved. It was also discovered that they conspired with the former security guard, Zitha Nobhadula (deceased) and his accomplices to stage the robbery. Their houses were searched and R709 510.00 cash was recovered. The four suspects were arrested and charged accordingly. They appeared in court and their bail application was successfully opposed. Nobhadula died in prison whilst awaiting trial. His three co-accused were found guilty on 8 March 2024. On 19 April 2024, Ezingolweni Regional Court sentenced Mabusela, Mdleleni, and Mhlamvu to a total of 190 years imprisonment for theft of cash as well as staged robbery.
Each of the trio were sentenced to 15 years imprisonment for conspiracy to commit theft, 15 years imprisonment for theft of cash, 10 years imprisonment for theft of firearms, 15 years imprisonment for robbery, and five (5) years imprisonment for malicious damage to property. A further five (5) years imprisonment was meted out to Mhlamvu for defeating the ends of justice. As the sentences of theft of firearms, malicious damage to property and defeating the ends of justice will run concurrently with other counts, the trio will serve 45 years imprisonment each.
CASE 7: CONVICT SENTENCED TO 18 YEARS IMPRISONMENT FOR STAGED CIT ROBBERY Through an intensive investigation by the Hawks’ Serious Organised Crime Investigation, the driver was arrested on 26 July 2019 and it was discovered that it was actually a staged robbery.
On 15 April 2024, Nonkumbana was sentenced by the Bellville Specialised Commercial Crimes Court to fifteen (15) years imprisonment for theft of R3 million and three (3) years imprisonment for theft of a firearm and ammunition making the toatal number of years to eighteen (18). The sentences were ordered to run concurrently, which means that he will serve fifteen (15) years imprisonment. The convict was further declared unfit to possess a firearm.
CASE 8: THREE ZIMBABWEANS SHARES 45 YEARS IMPRISONMENT FOR EXPLOSIVES Siyabonga Sibusiso Dube and Themba Chuma who are Zimbabweans were arrested. The investigation led to the intended recipient, another Zimbabwean, Thabo Mokwele. The case docket was transferred to the Polokwane based Hawks’ Serious Organised Crime Investigation for further handling. Bail was successfully opposed and the accused remained in custody until the case was finalised.
On 15 May 2024, the Musina Regional Court sentenced the trio to fifteen (15) years imprisonment each. DRUGS AND DRUG TRAFFICKING: The DPCI conducted focused operations which resulted in drug seizures estimated at thirty-two million, three hundred and thirty-eight thousand, nine hundred and seventy-two rands (R32 338 972.00). A total number of sixty-four (64) suspects involved in narcotics were arrested in the first quarter of 2024/2025 financial year while twenty-five (25) accused persons were sentenced for drug offences. Fifteen (15) of the convicts paid fines.
The South African Narcotics Enforcement Bureau (SANEB) Section within the Component Serious Organised Crime Investigation (SOCI) dismantled three (3) clandestine drug laboratories in Gauteng during the period under review. Twelve (12) suspects were arrested for manufacturing of illicit drugs where drugs worth sixteen million, one hundred and seventy-nine thousand and three hundred (R16 179 300.00) were seized. Through collaboration with its Interpol partners, the Section prevented drugs worth twenty-six million, and eighteen-rands thirty cents (R26 000 018.30) from being proliferated into the market. OTHER CLANDESTINE LABORATORIES
CASE 9: SUSPECTS ARRESTED FOR ILLICIT BREWING R10 MILLION LIQUOR On 5 April 2024, intelligence led the Durban and Pietermaritzburg based Hawks’ Serious Commercial Crime Investigation, Alliance Against Counterfeit Spirit, Pietermaritzburg Public Order Policing and Customs to a warehouse in Mkondeni, Pietermaritzburg. The premises were then searched and two illicit manufacturing laboratories for illicit Smirnoff were discovered where approximately R10 million worth of stock and equipment were seized. Twelve suspects; Norman Lewis (57), Bheki Ngwenya (46), Dumisani Ndwandwe (31), Mxolisi Mngomezulu (44), Sibonelo Mathe (22), Mthobisi Ndlovu (36), Sipho Ndlela (43), Minenhle Ngidi (30), Lindelani Kunene (36), Mduduzi Ngcobo (41), Nkululeko Hlubi (37), and Siyanda Shabalala (39) were arrested and charged with illicit manufacturing of liquor and contravention of Counterfeit Goods Act 37 of 1997.
They appeared in the Pietermaritzburg Magistrates Court on 8 April 2024 and the matter was postponed to 12 September 2024. ILLEGAL MINING AND PRECIOUS METALS AND DIAMONDS:
Currently, the DPCI has two hundred and eighty-one (281) accused before the various courts in the country on charges relating to Precious Metals and Diamonds. Of these accused persons, eighty- nine (89) are Basotho, seventy-nine (79) Zimbabweans, fifty (50) Mozambicans, forty-nine (49) South Africans and (14) fourteen others are from various other countries. A total number of forty-five (45) accused persons were sentenced during this quarter.
CASE 10: TRIO TO SHARE 243 YEARS IMPRISONMENT FOR ROBBERY The victim was accosted by armed men who robbed the diamond gravel, pistol and other personal belongings. While the robbery was still in progress, another Isuzu bakkie was hijacked. Community members that attempted to apprehend the suspects were shot at by the accused. The accused were apprehended and prohibited firearms were recovered. The matter was referred to the Klerksdorp based Hawks’ Serious Organised Crime Investigation team which fully investigated the case. On 25 April 2024, Sthembiso Mthembu (39), Tshepo Sebeko (44) and Bongani Mkhwanazi (59) were each sentenced by the Klerksdorp Regional Court to five (5) years imprisonment for theft of motor vehicles, 15 years imprisonment each for two (2) counts of robbery with aggravating circumstances, four (4) years imprisonment for each of the four counts of attempted murder, 15 years imprisonment for unlawful possession of firearms, 17 years imprisonment for possession of unlicensed firearms and 10 years imprisonment for possession of firearms as well as ammunition. The sentence amounts to a total of 243 years imprisonment and the convicts will serve 17 years imprisonment as the sentences will run concurrently.
CASE 11: EX-POLICE OFFICIALS SHARE 46 YEARS IMPRISONMENT FOR CORRUPTION WESTERN CAPE: In August 2014, two police officials, Warrant Officer Jonathan Plaatjies (54) and Sergeant Morne Fasser (41) were arrested by the Bellville based Hawks’ Serious Corruption Investigation team after reacting on information received that the two members sold a case docket to an accused for R40 000.00. The two officials were charged on corruption, extortion and defeating the administration of justice and were found guilty as charged by the Bellville Specialised Commercial Crimes Court on 26 October 2023. The pair was subsequently dismissed from the SAPS through expeditious process.
On 03 April 2024, the pair was individually sentenced to nine (9) years imprisonment for corruption, eight (8) years imprisonment for extortion, and six (6) years imprisonment of defeating the ends of justice. The court ordered that all sentences be served concurrently which means that they shall effectively serve nine (9) years imprisonment each. Over and above, both convicts were declared unfit to possess a firearm. CASE 12: CABINET MINISTER AND BUSINESSMAN ARRESTED FOR CORRUPTION GAUTENG: In June 2022, the State Capture Commission released the fourth report where several recommendations required that law enforcement agencies should institute criminal investigations. The National Head of the DPCI established a State Capture Task Team to investigate identified matters. Amongst these recommendations, is a case involving Enterprise Outsourcing Holdings (EOH) which specialises in the provision of technology services to businesses, IT services, systems integration, software, industrial technology and business process outsourcing. The investigation confirmed that during the period 28 April 2015 to 2 February 2018, Jehan Mckay (47) then an executive on behalf of EOH enticed Zizi Kodwa (54) with an alleged gratification amounting to R1 710 000. The monies are reported to have been utilised for the purchasing of a luxury SUV and payment of luxury accommodation. On 4 June 2024, warrants of arrest were issued against the duo. On 5 June 2024, the duo handed themselves over to the Hawks’ multi-disciplinary State Capture Task Team of the Serious Corruption Investigation at Bramley Police Station. They appeared in the Specialised Commercial Crimes Court sitting in Palm Ridge where they were granted R30 000 bail each. They are facing charges relating to the Prevention and Combatting of Corrupt Activities Act (PRECCAA) as well as Prevention of Organised Crime Act (POCA). The case is remanded to 10 September 2024 for representation.
CASE 13: CORRUPT PAKISTANIAN TO SERVE 10 YEARS IMPRISONMENT GAUTENG: On 24 March 2022, a multidisciplinary operation was conducted at the Department of Home Affairs in Krugersdorp by members of the Hawks’ Serious Organised Crime Investigation, Crime Intelligence, Tactical Response Team (TRT) and Anti-Corruption Unit of the Department of Home Affairs. Passports were being processed using local identity numbers and fingerprints while overriding the system by inserting pictures of foreign nationals, a term referred to as photo swapping. During the operation, fourteen (14) South Africans, twelve (12) Somalians and one (1) Pakistanian Arfhan Ahmed, who is believed to be the kingpin were arrested, while two vehicles were seized. On 13 June 2024, Ahmed was convicted and sentenced by the Krugersdorp Magistrates Court to 10 years imprisonment of which (4) years will run concurrently with the previous 10-year sentence imposed on him in a separate matter earlier this year. He was also declared unfit to possess a firearm. The remaining accused will appear in the Kagiso Magistrates Court on 10 September 2024.
CASE 14: DISHONEST FORMER HOME AFFAIRS EMPLOYEE CONVICTED FOR FRAUD EASTERN CAPE: During 2021, Tony Stout (31) who was employed as a clerk at the Department of Home Affairs in Cleary Park betrayed his employer by fraudulently using identity details of South Africans swopping with photos of foreign nationals who have applied for local passports. This was discovered during national operation after a complaint was lodged by a citizen from KwaZulu-Natal. The matter was referred to the Gqeberha based Hawks’ Serious Corruption Investigation where it was confirmed that Stout orchestrated numerous fraudulent identity documentation transactions in contravention of Identification Act 68 of 1997 for his personal benefit. On 26 March 2021, Stout was arrested and made his first court appearance in the Gqeberha New Law Magistrates Court where he was released on a warning. After a series of court appearances, Stout pleaded guilty where he was convicted on 28 May 2024 for charges of fraud and contravention of the Identification Act 68 of 1997. On 8 August 2024, Stout was sentenced to five (5) years imprisonment.
SERIOUS COMMERCIAL CRIME INVESTIGATION CASE 15: AN EMPLOYEE OF KPMG DEFRAUD HIS EMPLOYER GAUTENG: It is alleged that from 2021 to 2022, Fidelis Moema (32), who was employed as a bursary specialist at the KPMG, misdirected funds meant for bursary recipients. Instead of paying university fees on behalf of students, he would pay the money into the bank accounts belonging to friends and individuals who own companies. The money would then be paid back into his personal bank account. KMPG suffered a loss of R16.5 million due to his fraudulent actions. On 2 April 2024, the suspect handed himself over to the Johannesburg based Hawks’ Serious Commercial Crime Investigation team where he was charged with theft, fraud and money laundering and made his first appearance at the Palm Ridge Commercial Crimes Court. It is further alleged that between September 2021 and November 2022, Lebogang Daniel Sigubudu (36), a director at Black Aint Suppliers (PTY) Ltd received several payments directly from KPMG amounting to a total of R657 000 and transferred R598 000 back into Moema’s personal bank account. Trevor Machimana (39), a director at Business Dynamics Synergies (PTY) Ltd received over R1 million from KPMG and reportedly transferred R880 000 to Moema’s bank account. On 18 April 2024, Sigubudu and Machimana were also arrested and appeared before the Palm Ridge Commercial Crimes Court. On 4 June 2024, Dikeledi Moema (65) who is the main accused’s mother, handed herself to the Hawks and appeared in court. She is alleged to have received R559 000 from KPMG. She was released on R25 000 bail. The quartet will return to court on 18 October 2024.
CASE 16: FORMER CFO AND FAMILY DEFRAUD STAR SCHOOLS GAUTENG: Between 2019 and 2021, Priscilla Ramlakan (51), a Chief Financial Officer (CFO) of the Star Schools is alleged to have fraudulently transferred money from the entity’s account into her own bank accounts. She would subsequently transfer to her husband’s, Yasheen Ramlakan (42) as well as their children’s bank accounts. This was done under the guise of paying tax to the South African Revenue Service (SARS). Other payments were referenced under school expenses and the total amount of stolen cash is more than R12.3 million. The Chief Executive Officer (CEO) of the Star Schools matric rewrite programme appointed auditors. The probe uncovered fraudulent activities implicating the CFO. In October 2022, the case was registered at Hillbrow police station. The Hawks’ Serious Commercial Crime Investigation revealed the flow of funds to close family members. The docket was referred to the Director of Public Prosecutions (DPP), for a decision, which has resulted in the warrants of arrest being issued and executed. The former CFO was the first to be arrested on 4 April 2024 followed shortly by Seheshan Ugan Pillay (21) on 10 April 2024, and Yasheen on 16 April 2024. On 08 May 2024, the trio appeared in the Palm Ridge Specialised Commercial Crimes Court. They have been granted bail, Yasheen and Pillay R10 000 bail each, whilst Priscilla was released on R100 000 bail. The outstanding implicated person (daughter) is said to be based overseas. The matter was postponed to 10 September 2024.
CASE 17: A FRAUDSTER SENTENCED TO 40 YEARS IMPRISONMENT FOR FRAUD GAUTENG: During 2021, Swereen Govender (57), swindled numerous victims out of an estimated amount of over R18 million. The Hawks made a public appeal through the media to assist is tracing her. On 7 October 2022, Govender was arrested by the Hawks’ Serious Commercial Crime Investigation. She was charged for investment fraud and appeared at the Johannesburg Specialised Commercial Crimes Court sitting in Palm Ridge. She has been in custody ever since her arrest after her numerous bail bids were successfully opposed. On 16 March 2024, she pleaded guilty on 15 counts of fraud. On 26 April 2024, the court sentenced her to a collective 40 years imprisonment. She was ordered to spend 15 years imprisonment as the other years are to run concurrently.
CASE 18: FRAUDSTER SENTENCED TO 291 YEARS IMPRISONMENT GAUTENG: Lerato Patricia Mufamadi (42) formerly employed by MMG South Africa (Pty) Ltd as an executive administrator performed duties such as receiving petty cash, reconciliation and processing of the company’s invoices. Instead of paying the suppliers, she fraudulently processed invoices of suppliers for payments and transferred funds into her personal bank account as well as an unknown FNB bank account. The company discovered the fraudulent transactions and the matter was reported at Rosebank police station in February 2022. The case was transferred to the Johannesburg based Hawks’ Serious Commercial Crime Investigation team resulting in her arrest on 4 April 2023. MMG South Africa Management (Pty) Ltd suffered a loss of R15 million due to her fraudulent activities. Mufamadi pleaded guilty and was convicted on multiple counts of fraud. On 6 May 2024, the Palm Ridge Specialised Commercial Crimes Court imposed a cumulatively sentence of 291 years to Mufamadi. Fifteen (15) years for each of the thirteen (13) counts and eight (8) years for each of the remaining twelve (12) counts. Mufamadi will serve an effective 18-years imprisonment after some of the sentences were ordered to run concurrently.
CASE 19: ARRESTS IN R2.8 BILLION BHI HOLDINGS PONZI SCHEME GAUTENG: Since 2008, individuals invested capital to the tune of over R2.8 billion in the BHI Trust scheme with promises of generating profits exceeding interest of over 10%. In a typical Ponzi scheme fashion, BHI Trust scheme started to falter and failed to keep up with the promised returns on investment. The investigation by the Johannesburg based Hawks’ Serious Commercial Crime Investigation linked Sona Pillay (52) and Michael Phillip Adam Haldane (54) to the scheme which utilised capital for payments to investors withdrawing their capital from BHI Trust as fictitious profits. This elaborate misrepresentation by the scheme led to massive losses by the investors. On 6 October 2023, Graig Roy Warriner (60) was arrested at Sandton Police station where he handed himself over. On 27 May 2024, Warriner was convicted and sentenced to 25 years imprisonment on 206 counts of fraud and one (1) of contravening the Financial Advisory and Intermediary Services Act (FAISA) for operating an investment scheme without a license or been registered as a Financial Service Provider (FSP). On 31 May 2024, Pillay was arrested, when he attempted to flee to overseas where he was refused entry and sent back to the Republic of South Africa where he found the Hawks’ investigating team waiting for him at the OR Tambo International Airport (ORTIA). Haldane handed himself over on the morning of 3 June 2024. The pair subsequently appeared in the Johannesburg Specialised Commercial Crimes Court sitting in Palm Ridge. On 10 June 2024, the pair were released on R100 000 bail each to appear on 16 October 2024.
SOUTH AFRICAN REVENUE SERVICE (SARS) RELATED MATTERS: The collaboration between the DPCI and South African Revenue Service (SARS) are bearing fruits. At the end of the quarter under review, the DPCI was carrying 724 cases that affect SARS of which 260 were on the court roll, 262 pending decision and 202 are under investigation. One hundred and four (104) accused (77 natural persons and 27 juristic persons) were arrested on fifty-one (51) cases whilst thirty-four (34) were convicted on twenty-four (24) cases. The total amount ordered by the courts to be paid back to SARS was R5 171 074.19. I shall cite two (2) cases in this regard.
CASE 20: A TRANSNATIONAL ORGANISED CRIMINAL GROUP SHARES 11052 YEARS GAUTENG: Between 2009 and 2016, the accused were members of various entities registered in terms of the Close Corporations Act 69 of 1984 and/or the Companies Act 61 of 1973. They also registered their companies for Value Added Tax (VAT) in terms of the South African Revenue Service Act. Twenty-three (23) cases were opened at the Johannesburg Central police station for submitting fraudulent VAT returns for and on behalf of the said close corporations and/or companies claiming undue VAT refund from SARS. In support of their claim, the accused forged and uttered invoices to SARS. The undue VAT refund was then paid by SARS into various bank accounts of the said various entities, and were then transferred into various other accounts under the control of the accused or withdrawn. The entities in question were not trading or conducting any business during the period they claimed the undue refund, which is from 2009 to 2015 and did not incur any input expenses to warrant a refund from SARS therefore prejudicing SARS of R300 million. The cases were referred to the Gauteng based Hawks’ Serious Corruption Investigation for further investigation. The accused were secured before court between 2015 and 2017. On 19 April 2024, the Gauteng Local Division of the High Court sentenced eight (8) of the thirteen (13) accused to a cumulative 11052 years’ imprisonment for 391 counts of money laundering, fraud, forgery, uttering, assisting another to benefit from unlawful activities, acquisition, possession or use of proceeds of unlawful activities (POCA), contravening Section 31(1)(b) of the Birth and Death Registration Act 51 of 1992, contravening Section 18(2)(a) of the Identification Act 68 of 1997, contravening Section 83(1) read with Section 1 and Section 83(7) of the Attorneys Act 53 of 1979 and contravening Section 4(1)(b) of the Prevention and Combating of Corrupt Activities Act 12 of 2004 (PRECCAA). These are clear patterns of racketeering activities. The eight convicts were individually sentenced as follows: NAME NATIONALITY GENDER SENTENCE EFFECTIVE Jeremiah Nyasha Musiwacho Dube (59) Zimbabwean Male 3376 65 Mavudzi Maxwell Ndlovu (59) Zimbabwean Male 3272 65 Edward Shoniwa (56) Zimbabwean Male 168 15 Rebecca Dube (51) South African Female 1596 25 Dr Sello Atlone Rathethe (52) South African Male 1557 15 Zamaswazi Audrey Radebe (51) South African Female 73 5 Bongani Mbonani (42) South African Male 57 5 Moliehi Constance Ramone (44) Mosotho Female 953 10 TOTAL 11052 205 Two of the accused, both South African women met their untimely death during the course of the trial whilst two South African men turned State witnesses. The last accused, Christopher Dube (56), a Zimbabwean man, absconded just before conviction and his warrant of arrest has been authorised by the court. The Assets Forfeiture process is pending while minimal amounts were attached.
CASE 21: SUSPECTS LINKED TO OVER R600 MILLION SARS FRAUD ARRESTED FREE STATE: In September 2018, SARS discovered that its employees who were stationed at Ficksburg Bridge, Maseru Bridge and Van Rooyen’s Hek Bridge had allegedly facilitated 333 transactions amounting to R653 500 455.28. All identified transactions were imported consignments/cargo (textile) in bond (Removal in Bond) from the Durban port of entry to be exported from the Free State Border Post (Maseru Bridge). The Hawks, working together with the Anti-corruption Investigation unit of SARS, presented the case before the NPA for decision. On 6, 7 and 16 June 2024, ten suspects Boitshoko Perseverance Mashodi (38), Elvin Wilson (40), Phakama Ndothayisa (36), Xatyiswa Zona (42), Selvin Derison (36), Motlalepule Tes Modise (38), Siphiwe Sedibeng (36), Lwazi Simelani (35) and Nomvakaliso Modolomba (33), and Mogorosi Benedict Motelesi (40) were arrested by the Hawks in Limpopo, Gauteng, Free State and Eastern Cape. The accused appeared in Lady Brand Magistrate Court on 10 June and 16 July 2024 on charges of fraud, money laundering, contravention of the Tax Administration Act 28 of 2011, contravention of the Customs and Excise Act 91 of 1964, and contravention of the Prevention of Organised Crime Act 121 of 1998. They were released on bail ranging from R1500 and R5000. The matter is postponed to 11 November 2024 for trial.
CASE 22: CONVICTED FRAUDSTER JAILED FOR 15 YEARS GAUTENG: Between October 2016 and July 2020, Nicolene Trytsman (39) who was employed at Nidec Industrial Automation Southern Africa (Pty) Ltd as a payroll administrator as well as an assistant accountant stole money from her employer. She was authorized to access the company’s bank accounts. Her modus operandi was to create fraudulent payment instructions and substitute suppliers’ banking details with her own resulting in the company losing over R6.1 million. In November 2020, a case was reported at Douglasdale police station and referred to the Hawks for further investigation. The Hawks’ Serious Commercial Crime Investigation received the docket for investigation, which linked Trytsman to one hundred and seventy three (173) counts of fraud. On 24 August 2022, she was arrested and appeared before Palm Ridge Specialised Commercial Crimes Court where she was granted R5000-00 bail. On 8 April 2024, the court sentenced Trytsman to 15 years imprisonment for fraud and money laundering in terms of the Prevention of Organised Crime Act (POCA). CASE 23: DATING SCAMMER SENTENCED TO EIGHT YEARS IMPRISONMENT GAUTENG: In September 2017, a case was reported at Randfontein police station. It was alleged that Peter Obieze Eze (54), a Nigerian conman, who was based in Cape Town, befriended a sixty-year-old female victim from Randfontein on Facebook. He clothed himself with the identity of a businessman named James Brodzki from Syria. The pair soon hit it off romantically, messages started flowing frequently leading to the victim feeling emotionally attached despite having never physically seen her new lover. All she had were pictures of a seemingly well to do white man from overseas who claimed to have been unfairly detained in Syria. He stated that he had just been released from prison and he had no access to his bank accounts. He then asked for R100 000 to be wired to him in order to travel to South Africa, which the victim did. The victim further transferred an amount of R30 000, supposedly to arrange all documents related to the travelling. Needless to say, he never arrived in the country on the scheduled date. However, he moved out of Cape Town to the Eastern Cape. The case docket was assigned to the Hawks’ Serious Commercial Crime Investigation. On 28 May 2021, the investigators tracked and arrested Eze, in Grahamstown where he was running a fruit shop in the Central Business District (CBD). He was consequently transferred to Gauteng to face the allegations. On 10 May 2024, Eze was convicted on fraud and money laundering. On 15 May 2024, he was sentenced to eight (8) years imprisonment by the Johannesburg Specialised Commercial CrimesCourt.
CASE 24: FORMER DEPARTMENT OF HEALTH OFFICIALS FACE FRAUD CHARGES NORTH WEST: On 28 May 2024, Ntelaleng Matlapeng (59), Director at the North West Health Department and Elliot Motene (49), former Director at the North West Health Department, were arrested and appeared in the Mahikeng Magistrates’ Court, facing charges of fraud. The pair appeared alongside, Andrew Lekalakala (58), former (Head of the Department) HOD, Lydia Keneilwe Sebego (63), former HOD; Vuyo Mbulawa (54), Chief; Roulph Lotwane Mabe (68) and Joseph Leshabane (61), service providers. The charges against the two former HODs relates to Service Level Agreements that were signed between the two companies and their directors on services that needed to be rendered to the two hospitals. The said services were, however, not rendered, while these companies allegedly submitted fraudulent invoices, which were paid by the department after being authorised by Mbulawa. This allegedly led to a loss of over R86 million to the Department of Health, paid to Mabe’s company, and over R49 million paid to Leshabane’s company. The two HODs signed the Service Level Agreements, while they knew that the two companies were not compliant. The matter is remanded to 16 September 2024.
CASE 25: IEC COMMISSIONER ARRESTED FOR R1.2 MILLION ALLEGED TRUST GAUTENG: It is alleged that between January 2012 and April 2012, Dr Nomsa Praisy Masuku (61) who was the head of the bank’s Corporate Social Investment (CSI) programme for the trust set up by Standard bank to provide scholarships and bursaries to deserving pupils, misappropriated the funds. An intensive investigation by the Johannesburg based Hawks’ Serious Commercial Crime Investigation established that Masuku awarded scholarships to friends and family members through manipulation of documents and without the approval of the committee. An amount of R1.2m was deposited directly into her personal bank account.
On 21 June 2024, the Hawks arrested Masuku. On 24 June 2024, she appeared in the Johannesburg Specialised Commercial Crimes Court sitting in Palm Ridge, facing charges of fraud. She was released on R20 000 bail and the matter was remanded to 4 September 2024. DAMAGE TO ESSENTIAL INFRASTRUCTURE CASE 26: DUO TO SHARE 54 YEARS FOR THEFT OF TRANSNET CRUDE OIL KWAZULU-NATAL: In December 2021, security guards were patrolling the fence of Karbochem in Newcastle when they noticed a truck and a tanker trailer standing in the vicinity. They discovered an illegal valve fitting and pipe that were attached to the Transnet crude oil pipeline and oil was being pumped from the pipe into the tanker. When they approached the truck and tanker, the suspects ran away. A case of theft and tempering with essential infrastructure was opened and the docket was allocated to the Newcastle based Hawks’ Serious Organised Crime Investigation. The total loss to Transnet is approximately R800 000-00. An intensive investigation by Hawks resulted in the arrest of Boitumelo Mathabatha (35) and McDonald Ndlovu (35) who were charged on 21 July 2021. On 8 April 2024, the Newcastle Regional Court sentenced Mathabatha to 15 years imprisonment for tempering with essential infrastructure and 15 years imprisonment for theft of crude oil whereas Ndlovu received 12 years imprisonment for tempering with essential infrastructure and 12 years imprisonment for theft of crude oil.
CASE 27: DUO SHARES 320 YEARS IMPRISONMENT FOR ESSENTIAL INFRASTRUCTURE WESTERN CAPE: On 1 July 2021, police responded to information received about a vehicle traveling along the N2 suspected to be carrying stolen cellphone tower. The police, together with private security, found the accused on the scene and recovered batteries. The three suspects, Sakhele Nicholas Magubudela (34), Thuto Khomongoe (34) and Calisto Chadereka (34), were immediately arrested, and the case was handed to the George based Hawks’ Economic Protected Resources (EPR) team for further investigation. Through intensive investigation, it was discovered that the suspects were operating as a syndicate and were responsible for a number of theft and tampering with essential infrastructure around the Western Cape province. They were linked to 15 cases totalling to a value of R1.3 million of damaged property. On 17 May 2024, Magubudela (34) and Khomongoe (34) were each sentenced by Thembalethu Regional Court to 90 years imprisonment for nine (9) counts of damage to essential infrastructure. Ten (10) years imprisonment for money laundering. Sixty (60) years imprisonment for 15 counts of housebreaking with the intent to steal and theft) – both accused were each sentenced to 60 years imprisonment. From count 2 to count 25 will run concurrently with Count 1, both accused will effectively serve 10 years imprisonment each. The Thembalethu Regional Court sentenced Magubudela (34) and Khomongoe (34) to a 320 cumulative years for damaging the essential infrastructure. Calisto Chadereka (34) escaped from George Correctional Services facilities on 23 August 2023 and he is still at large.
PRIORITY CRIME SPECIALISED INVESTIGATION (PSCI): The Priority Crime Specialised Investigation (PCSI) of the DPCI consists of three sections, to wit, Asset Forfeiture Investigations (AFI), Cybercrime Investigation and Special Investigation. Within the Cybercrime section, there is Digital Forensic Investigation (DFI) unit. The DFI units are present in all the provinces and at Head Office.
DIGITAL FORENSIC INVESTIGATION (DFI) The Digital Forensic Investigation (DFI) finalised the scientific extraction and analysis of data evidence from eight hundred and fifteen (815) electronic devices or exhibits in the first quarter 2024/2025 financial year. This constitutes a substantial performance increase of 48% as compared to the first quarter of the 2023/2024 financial year.
ASSETS FORFEITURE INVESTIGATION (AFI) The Assets Forfeiture Investigation (AFI), in collaboration with the Asset Forfeiture Unit (AFU) of the NPA has made significant advances in recovering ill-gotten gains and disrupting the financial incentives of criminal activities. A total number of seventy-seven (77) court orders including Preservation, Forfeiture, Restraint and Confiscation Orders with a monetary value of R134 609 808-25 were granted and an amount of R16 152 423-91 was paid into the Criminal Assets Recovery Account (CARA) in the quarter under review. I cite three (3) cases in this regard.
CASE 28: ASSETS OF ALLEGED PONZI SCHEME KINGPINS ATTACHED GAUTENG: On 28 May 2024, various assets estimated at over R59 million were attached following a restraint order granted by the Gauteng Local Division of the High Court sitting in Johannesburg at the instance of the National Director of Public Prosecutions (NDPP) with the assistance of the Hawks and the South African Reserve Bank (SARB). The assets are located in various parts of the country, including Mpumalanga, Eastern Cape, Gauteng, and North West. They include vehicles, game farms and holiday homes. The assets belong to the three accused in a Ponzi scheme matter, their associates and other beneficiaries. The three accused; Kelvin Cholwich, Theunis Johannes Schoeman and Johan De Clerk are currently facing various criminal charges in the Johannesburg Specialised Commercial Crimes Court, ranging from fraud to contraventions of the Banks Act. The fourth mastermind of the scheme, died in 2017, before the commencement of the trial. Following various complaints from the members of the public in 2015, the SARB commissioned an extensive investigation into the affairs of certain entities that appeared to be the chosen vehicles for running the Ponzi scheme. The investigation revealed that over the period from 2012 until 2016, all three accused and the late suspect acted as major role players in the scheme, chiefly using a company called FinCapital to commit the fraud. In short, the accused would, through television, newspapers and other means, approach members of the public and inform them about passive income and/or investment opportunities in the entities linked to the Ponzi scheme. They allegedly enticed investors by offering them high and unrealistic monthly returns of between 25 to 45% on their investments. The public who were duped to invest in the scheme lost over R100 million. The various Sheriffs of the High Court, attached the assets in question, effectively putting them in the custody of the curator in line with the restraint order, pending the outcome of the ongoing criminal case.
CASE 29: FARM USED AS CLANDESTINE LABORATORY AUCTIONED KWAZULU-NATAL: In 2019, the Newcastle based Hawks’ Serious Organised Crime Investigation received information about Tigerkloof Farm that was used as a clandestine laboratory at Ingogo area in Newcastle. An operation was conducted and evidence collected. It was concluded that the farm was used as a clandestine laboratory. In October 2022, the matter was referred to the Hawks’ Asset Forfeiture Investigation (AFI) which worked together with the Asset Forfeiture Unit (AFU) of the National Prosecuting Authority (NPA) in securing final forfeiture order hence the farm was finally auctioned. On 10 May 2024, an amount of R1 003 466.90 was deposited in the CARA following the auction of the farm.
CASE 30: AN AMOUNT OF 180 000 US DOLLARS FORTFEITED TO THE STATE KWAZULU-NATAL: On 3 October 2023, the police at King Shaka International Airport arrested a Pakistanian, Idris Abdul Aziz (68) for concealing 180 000 US dollars on his body. It is alleged that Aziz failed to declare this amount to the Customs at the airport as a result that cash was seized. The Durban based Hawks’ Serious Commercial Crime Investigation were called to the scene and Aziz was charged for contravention of Currency and Exchanges Act. He appeared in the Verulam Magistrate’s on 5 October 2023 where he was granted R15 000.00 bail. On 25 October 2023, the Hawks’ Asset Forfeiture Investigation (AFI) working together with the National Prosecution Authority’s Asset Forfeiture Unit (AFU) secured a preservation order for 180 000 US dollars (R3 285 511,63). On 28 June 2024, 180 000 US dollars (R3 285 511-63).were deposited to the Criminal Asset Recovery Account (CARA) after a final forfeiture order was granted in March 2024. He will return to court on 27 August 2024.
CONCLUSION: As I conclude, allow me to point that the Component Head of Serious Organised Crime, Major General Khana will be retiring from office on 31 August 2024. He will be succeeded by Brigadier Flynn who shall become a Major General with effect from 1 September 2024. On 30 September 2024, the Divisional Commissioner, Lieutenant General (Adv) Mosipi (CFE) will retire from office and the successor who is to be announced on 1 September 2024 will be appointed with effect from 1 October 2024. In revelling these accomplishments, we note that the fight against national priority offences remains an ongoing challenge that requires sustained commitment and collaboration. The DPCI recapitulate its commitment to work diligently to address the evolving threat and bring those who engage in criminality to justice. The DPCI shall at all times continue to enforce the law of the Republic without fear, favour or prejudice. I thank you!!!
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