The National Prosecuting Authority (NPA) notes the conviction and The Upington Regional Court in the Northern Cape sentenced three foreign nationals in connection with illegal diamond-related activities, possession of the proceeds of unlawful activities, corruption, and contravention of the Immigration Act.
The matter involves Victor Tapiwa (45), a Zimbabwean national, Sipho Dube (46), a Zimbabwean national, and Roy Owen Chauke (43), a Mozambican national with dual citizenship.
NC NPA Spokesperson Mojalefa Senokoatsane said the convictions arise from an intelligence-driven Vehicle Check Point (VCP) operation conducted by members of the South African Police Service (SAPS) under Operation Phakisa on 03 February 2023 along the R382 public road between Port Nolloth and Kleinzee.
He said during the operation, SAPS officers stopped and searched a white Mercedes-Benz vehicle carrying five occupants. The three accused were seated at the back of the vehicle and were requested to exit with their luggage after the purpose of the roadblock was explained.
“Upon searching Accused 1, police discovered that his visitor’s visa had expired on 27 December 2014. A search of his backpack revealed R100 000 in cash concealed in a plastic bag. When questioned about the source of the money, he attempted to flee into the nearby veld with the cash but was swiftly apprehended.
“He later alleged that the money originated from the sale of a diamond recovered from the abandoned Nattaboi mine, formerly owned by De Beers. He further attempted to bribe a police officer to avoid arrest. An additional R4 400 was also found in his possession,” he said.
Senokoatsane said Accused 2 was later apprehended after attempting to flee during immigration screening procedures. His visitor’s visa had expired on 11 December 2021.
“A search of his luggage revealed a further R100 000 in cash. He also claimed the money derived from the sale of a diamond. Accused 3 was found in possession of R100 000 in cash. He similarly claimed that the funds originated from diamond sales. He later provided a written confession to Lieutenant Colonel Van der Westhuizen, in which he admitted that all three accused travelled to the Nattaboi mine, unlawfully obtained a diamond, sold it for R300 000, and shared the proceeds equally,” he said.
Senokoatsane said investigations confirmed that none of the accused possessed legal authorisation to buy or sell unpolished diamonds as required by law.
“The driver of the vehicle and a female passenger were released after it was established that there was no evidence linking them to the offences. The accused were charged as follows: Selling of an unpolished diamond and money laundering (alternative: possession of proceeds of unlawful activities), Accused 1: Corruption, and Accused 1 and 2: Contravention of the Immigration Act. On 07 July 2025, all three accused pleaded not guilty in the Upington Regional Court. During trial proceedings, the defence challenged the admissibility of admissions and confessions, alleging that constitutional rights were not properly explained and that the statements were not made freely and voluntarily,” he said.
He said the State, led by Regional Court Prosecutor Rene Ricardo du Plessis, successfully opposed the challenge during a trial-within-a-trial by presenting evidence from arresting officers and Lieutenant Colonel Van der Westhuizen.
Senokoatsane further said the defence elected not to present evidence. The court ruled that both the admissions and the confession were admissible.
“On 14 May 2026, the court delivered judgment as follows: Victor Tapiwa: Convicted of possession of proceeds of unlawful activities, corruption, and contravention of the Immigration Act (acquitted on selling an unpolished diamond charge), Sipho Dube: Convicted of possession of proceeds of unlawful activities and contravention of the Immigration Act (acquitted on selling an unpolished diamond charge) and Roy Owen Chauke: Convicted of selling an unpolished diamond and possession of proceeds of unlawful activities,” he said.
The sentences imposed were as follows: Victor Tapiwa, 2 years’ imprisonment (possession of proceeds of unlawful activities) wholly suspended for 5 years, 4 years’ imprisonment (corruption) wholly suspended for 5 years, and 30 days’ direct imprisonment (contravention of Immigration Act). Sipho Dube, 2 years’ imprisonment (possession of proceeds of unlawful activities) wholly suspended for 5 years and 30 days’ direct imprisonment (contravention of Immigration Act). Roy Owen Chauke, 2 years’ imprisonment (selling an unpolished diamond) – wholly suspended for 5 years, and 2 years’ imprisonment (possession of proceeds of unlawful activities) wholly suspended for 5 years. The court further granted the State’s application for forfeiture of R304 400, declaring it proceeds of unlawful activities.