| 2024/10/13 |
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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 2nd quarter of 2024/2025. The DPCI remains committed to its mandate of investigating, preventing, and combating national priority offences without fear favour or prejudice.
DIRECTORATE FOR PRIORITY CRIME INVESTIGATION WELCOMES 240 ENTRY LEVEL POLICE CONSTABLES On 01 July 2024, the DPCI welcomed 240 entry-level police constables who recently graduated from various South African Police Service (SAPS) academies across the country. These are some of the 10 000 trainees that were recruited in the past financial year 2023/2024. These members are graduates in various fields including legal degrees. They have been placed in various units within the DPCI to strengthen the efforts of combatting national priority offences. We have also added 51 new vehicles and twenty more specialised vehicles are enroute. 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, serious organised crime, serious commercial crime including fraud, theft, money laundering, police killings, cash-in-transit robberies, illegal mining, drug trafficking, damage to essential infrastructure and trafficking in endangered species. A total number of 818 suspects 800 natural persons and 18 juristic persons were secured before the various courts in the country. Of the 818 suspects, the Serious Organised Crime Investigation secured 489, the Serious Commercial Crime Investigation secured 209 while the Serious Corruption Investigation secured 120 suspects. Most of the arrests were effected in Gauteng province with 192, North West province with 119, KwaZulu-Natal province with 115, Mpumalanga province with 114 and Eastern Cape province with 79 suspects. During these arrests, 84 firearms and 2 049 rounds of ammunition were seized. Seven (07) clandestine drug laboratories were dismantled with a total value of R17 405 374-90. During this same period, the Directorate secured convictions on three hundred and one (301) accused. Of these convictions, two hundred and eighty-five (285) accused persons inclusive of thirteen (13) juristic persons were sentenced while the balance of 16 convicts are to be sentenced on dates after the quarter under review. Of the 272 sentenced natural persons, 164 are South Africans while 108 are foreign nationals. Most of these convictions and sentences were secured in the Gauteng province. Of these convictions, the Serious Organised Crime Investigation (SOCI) secured 143, Serious Commercial Crime Investigation (SCCI) secured 120 and Serious Corruption Investigation (SCI) secured 22. We shall in the coming months, analyse the 16 convicts, as and when they are sentenced. To ensure that crime does not pay, the Priority Crime Specialised Investigation (PCSI) has contributed towards the issuing of a combined seventy five (75) freezing and forfeiture orders amounting to R72 975 952-78. An amount of R8 178 798-87 has been deposited into the Criminal Assets Recovery Account (CARA). These make the total recorded successes on arrests, convictions and attachment of assets to 1 194. I shall highlight forty(40) cases, which represent only 3% of the successes.
SERIOUS ORGANISED CRIME POLICE KILLINGS There exists a blue wall in South Africa. A human wall formed by men and women in blue. The wall that divides and shield the good from the bad elements in society. The stronger the wall, the safer, the community. The weaker the wall, the happier the criminals. Criminals will continuously attack this wall in order to access the protected good citizens of this, my beloved country. An attack of police officials is an assault on society and indeed attack on the State. We categorised the killing of police officials as that national priority offence that requires the attention of the DPCI. During this period, seventeen (17) police officials were murdered of which thirteen (13) were off duty while four (4) were on duty. Seventeen (17) arrests and seven (7) convictions with four (4) life imprisonment sentences were secured. I shall highlight four (4) cases in this regard.
CASE 1: LIFE PLUS 26 YEARS IMPRISONMENT FOR A POLICE KILLER WESTERN CAPE: In June 2020, members from Nyanga Crime Prevention Unit were executing their duties in New Rest Squatter Camp, Nyanga. As they were searching the premises, Constable Siyoko was shot and sadly passed away on arrival at hospital. The team comprising of the Hawks, Nyanga SAPS members and Crime Intelligence immediately launched a manhunt. On 8 June 2020, Aviwe Ndwanyana (27), was arrested and kept in custody. On 18 June 2024, Ndwanyana was convicted of murder, attempted robbery, possession of a firearm without a licence, possession of ammunition without a licence of a firearm capable of firing such ammunition, and pointing of a firearm. On 31 July 2024, the convict was sentenced by the Western Cape division of the High Court to life imprisonment; 15 years imprisonment; 5 years imprisonment, 5 years imprisonment, and 18 months imprisonment for the respective charges. The court ordered that sentences imposed on counts 3, 4 and 5 will run concurrently. Ndwanyana will effectively serve life imprisonment and an additional 20 years.
CASE 2: POLICE KILLERS SHARES 2 LIFE PLUS 30 YEARS IMPRISONMENT GAUTENG: On 23 June 2022, Constable Prudence Masuku who was stationed at Daveyton SAPS was murdered in Putfontein while on her way to work. The seven month pregnant constable was accompanied by her husband James Veli Masuku (36). Investigation by the Hawks’ Serious Organised Crime Investigation and ballistic results revealed that the service pistol belonging to the deceased was in fact the very weapon that was used to murder the member. The husband alleged that they were confronted by two taxis where the passengers of both taxis approached them and began firing several shots at the deceased while he ran for cover. He said that upon returning to the vehicle he found that his wife’s service pistol had gone missing. Members of the Hawks’ Serious Organised Crime Investigation, Ekurhuleni Crime Intelligence and the Johannesburg Metropolitan Police Department (JMPD) arrested her husband and Xolani Lawrence Dlamini (31) after swiftly reacting to information about a suspect demanding cash for murdering the police officer from a “middleman”. On 08 April 2024, Masuku and Dlamini, who pleaded not guilty, were convicted of murder, theft of firearm, two counts of illegal possession of firearm and defeating the administration of justice. On 23 August 2024, the Gauteng High Court sitting in Benoni sentenced Masuku and Dlamini to life imprisonment for murder. They were further sentenced to five (5) years imprisonment for theft of firearm, five (5) years imprisonment for possession of unlicensed firearm, and three (3) years imprisonment for illegal possession of ammunition, which runs concurrently with the life imprisonment sentence. They were further declared unfit to possess firearms in the future.
CASE 3: LIFE IMPRISONMENT PLUS 57 YEARS FOR A POLICE KILLER EASTERN CAPE: On 3 May 2023, Andile Nyoka (30) went to the Motherwell court where he approached a court orderly, Sergeant Mario Nell (40) and attacked him. He disarmed the member and shot him with his service pistol. The suspect ran outside, hijacked a taxi and tried to flee the scene. He was arrested by the police and appeared at Eastern Cape Local Division of the High Court sitting at Gheberha. On 20 September 2024, the accused was convicted and sentenced to life imprisonment for the murder of the police, 57 years imprisonment for kidnapping and robbery of his service pistol.
CASE 4: POLICEMAN’S GIRLFRIEND GETS 39 YEARS FOR KILLING HIM GAUTENG: On 2 December 2022, Sgt Kgopotso Ntsana (36) unnaturally lost his life. An inquest docket was registered at Dawn Park police station pending preliminary investigation. Blood spatter experts and photographers were called to examine the scene. On 5 December 2022, the crime scene reconstruction experts visited the scene. The forensic factual report ruled out suicide as the cause of death due to inconsistencies discovered after the reconstruction of the crime scene. The deceased’s girlfriend Bongiwe Praise Magwaza (23) was already arrested and detained at Boksburg police station for assault grievous bodily harm (GBH). The case was not placed on the court roll on 06 December 2022, owing to insufficient evidence. The investigation was taken by the Hawks’ National Priority Violent Crimes (NPVC) section, which swiftly interviewed Magwaza. The investigation established that, on 02 December 2022, at about 22:30, Sergeant Ntsana and his girlfriend, Magwaza had an argument at their residence at Boksburg. The argument escalated to a scuffle, which resulted in the girlfriend stabbing the deceased multiple times with a pair of scissors. She then fetched the deceased’s firearm and shot him on his head at close range and placed the firearm next to the deceased in order to make it seem like he had committed suicide. She left the place of residence and spent a night at her other boyfriend’s place in Germiston. On her return to the house the next day, she informed the neighbours that her boyfriend apparently killed himself. On 07 December 2022, Magwaza was charged with murder and appeared in the Boksburg Magistrate’s court. She was eventually granted R1000 bail in January 2023 following numerous appearances. On 22 November 2023, the bail was revoked and she was referred to Sterkfotein for mental evaluation where she was declared fit to stand trial. She has since been in custody. On 01 July 2024, the Gauteng Local Division of High Court sitting at Johannesburg found her guilty of murder, possession of unlicensed firearm, possession of ammunition and defeating the ends of justice. On 14 August 2024, she was sentenced to 20 years, 7 years, 5 years and 7 years imprisonment for murder, possession of a firearm, possession of ammunition and defeating the ends of justice respectively. She was further declared unfit to possess a firearm. CASH-IN-TRANSIT ROBBERIES (CIT) During the second quarter, fifty-eight (58) incidents of CIT were received by the Directorate. A total number of 49 suspects including 15 who died in exchange of gunfire with the police were arrested. It is comforting that no one was granted bail. Over and above, 66 suspects were arrested in CIT related cases making a combined number of one hundred and fifteen (115) arrest for CIT and related crime. Forty-three (43) convictions were secured on CIT and related cases. Of these convicts, six (6) have been sentenced to life imprisonment and combined period of 931 years imprisonment. I shall cite three (3) cases in this regard.
CASE 5: SIX ROBBERS SHARES SIX LIVES AND 216 YEARS IMPRISONMENT GAUTENG: On 07 June 2019, Crime Intelligence and Flying Squad received information regarding the robbery that was to take place in Evaton. The information was operationalised and seven suspects, Lawrence Mabena @Lolo (39), Patrick Magwaza Ngobeni (55), Tumelo Tsikane (34), Tefo Khoza (52), Eric Rwababa Khambule (54), Tshepo Ntsiki (36), and Alby Mthimunye (60) were arrested. During the attempt to arrest the suspects, gunfire was exchanged between the gang and the police. As a result, one of the suspects Dennis John Hlatswayo was killed. The suspects also fired at the arresting team of nine, which constituted nine counts of attempted murder. Four motor vehicles, including stolen ones were seized. Mabena managed to get bail. The matter was set down for Judgement on 18 and 19 September 2023, where the accused were found guilty on various counts by the Gauteng Local Division of the High Court sitting at Palm Ridge. Mabena did not return to court. On 15 July 2024, the six convicts were each sentenced to life imprisonment for the murder of their co-perpetrator Dennis John Hlatswayo and 8 years imprisonment each for 9 counts of attempted murder, which were taken as one for the purpose of sentence. Over and above, Ngobeni was sentenced to 30 years imprisonment for conspiracy to commit CIT, 25 years imprisonment for possession of prohibited firearm and ammunition, alternatively unlawful possession of firearm and ammunition, and 8 years imprisonment for contravention of the Firearms Control Act 60 of 2000. Khambule was sentenced to 30 years imprisonment for conspiracy to commit CIT. Tsikane, Khoza and Mthimunye were each sentenced to 20 years imprisonment for conspiracy to commit CIT each. Ntsiki was sentenced to 15 years imprisonment for conspiracy to commit CIT. On 08 March 2024, he was re-arrested at Boschkop, Pretoria. He was busy with fraudulent motor vehicle registration documentation and was having a date stamp of Ekhurhuleni Traffic Department in his possession as well as various bankcards, SIM cards, ID documents, copy of ID documents, blank motor vehicle registration documents, and fraudulent pay slips. He appeared on 17 July 2024 for finalisation of his judgement. He is eagerly awaiting to receive his overdue sentence according to his contribution to this heinous crime on 09 December 2024.
CASE 6: THREE CIT ROBBERS SHARE 142 YEARS IMPRISONMENT FREE STATE: On 10 November 2021, security officials were delivering money at an Automated Teller Machine (ATM) in Bethlehem when they were accosted by a group of heavily armed suspects. An undisclosed amount of money and firearm were stolen before the gang fled the scene. The police were activated and the suspects’ vehicle was followed and stopped by Lindley SAPS. A shootout ensued between the police and the suspects, which resulted in one of the police officials being wounded. The suspects then fled to Petrus Steyn and another shootout ensued where one of the suspects was fatally shot. The other suspects fled in different directions. Members of Lindley and Petrus Steyn SAPS, as well as the Hawks’ Serious Organised Crime Investigation in Bethlehem followed the suspects until Dumisani Khumalo (38), Thobane Chaiphus Khuzwayo (48), and Ndlandla Sijele Sithole (51) were arrested on the same day of the incident. The case was taken by the Hawks for further investigation. On 19 August 2024, Khumalo, Khuzwayo and Sithole appeared before the Free State High Court sitting in Bloemfontein where they were convicted and sentenced. Khumalo was sentenced to 15 years imprisonment on a count of robbery with aggravating circumstances, 10 years imprisonment on five counts of attempted murder, 15 years imprisonment for possession of unlicensed automatic rifle, 3 years imprisonment for possession of ammunition, 15 years imprisonment for possession of unlicensed semi-automatic firearm, 3 years imprisonment for possession of ammunition. All the sentences will run concurrently which means that he will effectively serve 25 years direct imprisonment. Khuzwayo was sentenced to 15 years imprisonment for robbery with aggravating circumstances, 10 years imprisonment on five counts of attempted murder. All the sentences will run concurrently which means that he will effectively serve 15 years direct imprisonment. Sithole was sentenced to 18 years imprisonment for robbery with aggravating circumstances, 10 years imprisonment on five counts of attempted murder, 15 years imprisonment for possession of unlicensed automatic firearm, 3 years imprisonment for possession of ammunition, and 15 years imprisonment for possession of unlicensed semi-automatic firearm. All the sentences will run concurrently which means that he will effectively serve 28 years direct imprisonment.
CASE 7: FIVE CONVICTS SHARES 545 YEARS IMPRISONMENT FOR ROBBERY WESTERN CAPE: In May 2018, approximately ten suspects entered the premises at Italian Liquor Store, Zwelethemba in Worcester. They forced the staff to open the safe and robbed some cash at gunpoint. Subsequently, the same suspects forced the guards of Fidelity Cash Solution to open the armoured vehicle but they were unsuccessful. In the process, they managed to disarm the crew of his service pistol and fled the scene in a Minibus. When cornered by the police, they exchanged gunfire, which resulted in three suspects being wounded and two arrested. Two AK47 rifles, an Uzzi rifle and two pistols including that of crew were recovered. The cash was also recovered. Phikolomzi Mpafa (29), Wiseman Tulisile Tshelana (49), Bongani Ngubo (37), Phello Hugh Monyake (49) and Eliah Mzolisi Mpiti (54) were charged and convicted. On 15 July 2024, the Worcester Regional Court sentenced Mpafa, Tshelana and Monyake to 105 years imprisonment each, while Ngubo was sentenced to 120 and Mpiti sentenced to 110 years imprisonment. These makes the sentence to a collective 545 years imprisonment for robbery with aggravating circumstances, attempted murder, possession of prohibited firearms, possession of unlicensed firearms and possession of ammunition. In terms of Section 280 (2) of the Criminal Procedure Act 51 of 1977, the court ordered that the sentences imposed run concurrently and each convict will serve 15 years imprisonment.
OTHER VIOLENT RELATED OFFENCES
CASE 8: SYNDICATE CONVICTED OF PATTERN OF RACKETEERING ACTIVITY EASTERN CAPE: Between 28 October 2013 and 26 June 2014, British American Tobacco vehicles were targeted by a group of organised criminals while delivering cigarettes around East London and surrounding areas. Seventeen case dockets of aggravated robberies and, kidnapping were reported and referred to the Hawks Serious Organised Crime Investigation for investigation. The various investigative techniques were deployed which identified five suspects. Between 04 November 2013 and 24 May 2016, five suspects, including Yanga Nette (37), Ntando Ntobongwana (35), and Lazola Mfulana (41) were arrested. They were charged on 35 counts of robbery with aggravating circumstances, kidnapping and a pattern of racketeering activity. May we be reminded that a pattern of racketeering activity is actually what we call organised crime. An organised criminal group can only be prosecuted for such crime after the National Director of Public Prosecutions issues a certificate authorising same. On 30 September 2024, Nette, Ntobongwana, and Mfulana were respectively convicted on seven, five and eleven counts by the Regional Court in East London. All five accused person remained in custody since arrest. Two of the accused were acquitted on all charges and released on 30 September 2024. The case is postponed to 17 October 2024 for sentencing and the convicts remain in custody.
CASE 9: TWO ZIMBABWEANS SENTENCED FOR ILLEGAL FIREARM NORTH WEST: In October 2023, members of the Tactical Response Team (TRT) received information about two men who were alleged to be in possession of a firearm in Ventersdorp. The information was operationalised, and the police searched a bag that Samuel Ngonyamo (42) and Oliah Mthethwa (44) were carrying. Inside the bag, an AK 47 rifle with magazine and ammunition were found. It was also established that the suspects did not possess documents to be in the country and were subsequently apprehended. They were tried and convicted. On 20 August 2024, Ventersdorp Magistrates’ Court sentenced Ngonyamo to eight (8) years imprisonment on charges of unlawful possession of firearm and ammunition; and contravention of Immigration Act 13 of 2002, while Mthethwa was sentenced to R1000-00 fine or three months imprisonment on a charge of contravention of Immigration Act. The court has ordered that the duo be deported to their country of origin on completion of their sentences.
CASE 10: MOSOTHO SENTENCED FOR POSSESSION OF EXPLOSIVES NORTH WEST: In November 2022, the Klerksdorp based Hawks’ Serious Organised Crime Investigation Unit received information about a Mosotho at Kanana township near Orkney, who was planning to sell mining equipment suspected to be explosives. The information was operationalised, and Xolile Mazibuko (37), a Mosotho was subsequently apprehended and denied bail by the Klerksdorp Magistrates’ Court. On 15 August 2024, Mazibuko was convicted and sentenced to fifteen (15) years imprisonment for possession of explosives as well as one (1) year and six months for contravention of Immigration Act 13 of 2002. The sentences will run concurrently; therefore, the accused will serve an effective 15 years imprisonment.
ENDANGERED SPECIES Our natural resources continue to attract international syndicates. I cite one (1) case in this regard.
CASE 11: ACCUSED FOUND GUILTY FOR POSSESSION OF RHINO HORNS
On 1 July 2024, Letswele was convicted by the Ermelo Regional Court on three counts of possession of rhino horns. He was sentenced to 18 years imprisonment of which 6 years imprisonment is suspended for a period of 5 years. The horns were forfeited to the State.
DRUG TRAFFICKING OFFENCES Trafficking in drugs is one of the mostly visible transnational organised crime perpetrated by international organised criminal groups. While dagga, cocaine, heroin, methamphetamine and nyaope have been in the hands of traffickers, a more highly potent synthetic opioids called fentanyl has entered the trafficking conveyer belts. Drug traffickers mix it with the known drugs and becomes highly toxic with those who takes it, dying of overdose. One kilogram of fentanyl, has the potential to kill 500 000 people. As reported by Drug Enforcement Agency of the United States, more than 107 000 Americans died of fentanyl overdose this year alone. In July 2024, one suspect was arrested in Cape Town with fentanyl. He reported to have received this drug from someone in Johannesburg to try the market in Cape Town. Fellow South Africans we must do more to discourage drug demand. I shall cite five (5) cases relating to drugs.
CASE 13: THREE MEXICANS AND TWO SOUTH AFRICANS CAUGHT WITH A SUPER CLANDESTINE DRUG LABORATORY
On 19 July 2024, four structures were searched at the farm where large quantities of chemicals used in the manufacturing of illicit drugs including acetone as well as crystal meth with an estimated street value of R2 billion were discovered. Two Mexicans Jorge Humberto Gonzales (51), Alejandro Gutierrez Lopez (43), and two South Africans, Simphiwe Melvin Khumalo (35) and Roelof Frederick Botha (67) were arrested for manufacturing, dealing and possession of illicit drugs. They appeared before Groblersdal District Court on 22 July 2024. On 22 July 2024, an additional Mexican suspect, Ruben Vidan Rodriguez (44) was arrested on the same charges and appeared in court. The Mexicans who appear to be members of Mexican Sinola syndicate, abandoned their bail application while the two South Africans were refused bail on 09 September 2024. The case is postponed to 10 November 2024.
CASE 14: CONVICT SENTENCED TO 12 YEARS IMPRISONMENT FOR DRUGS GAUTENG: On 11 June 2021, Barrul Borjas Amador (48), a Spaniard was arrested at OR Tambo International Airport where he was departing to Belgium. He was arrested following the discovery of 3,65kg of heroin, which was hidden in a compartment of his luggage. He made his first appearance at the Kemptonpark Magistrate’s Court on 14 June 2021 and bail was successfully opposed. In April 2022, the accused underwent psychiatric assessment at the Sterkfontein Psychiatric hospital, following claims that he had a mental condition. He was declared fit to stand trial. On 22 March 2024, Amador was found guilty by court and subsequently sentenced on 19 July 2024 to twelve (12) years imprisonment in terms of Section 25 of the Drug and Drug Trafficking Act 140 of 1992. He is further declared unfit to possess a firearm.
CASE 15: TWO NIGERIANS SENTENCED FOR DRUG TRAFFICKING FREE STATE: On 8 January 2019, a member of Bethlehem SAPS, who was reacting to information provided by concerned residents, visited a house on the busy De Villiers Street where he recovered sachets of CAT drug and cash upon searching the suspected drug dealer, a Nigerian, Okwudili Augustine Nwabo (36), who goes by the alias “CJ”. On 23 June 2021, a member of the Bloemfontein Anti-Gang Unit who was posted in Bethlehem received information about a vehicle transporting drugs. He cornered a vehicle fitting the description at a filling station and confronted the driver. The driver (CJ) offered him money to look the other way. CJ was immediately arrested for corruption. He was found guilty and sentenced on 2 July 2024 for dealing in drugs and corruption by the Bethlehem Magistrates’ Court. On a charge of dealing in drugs, the court sentenced CJ to seven years imprisonment of which two years is suspended for five years while on corruption, he was sentenced to three years imprisonment. The two sentences will run consecutively resulting in an effective eight years imprisonment. In addition, the accused was declared unfit to possess a firearm. In another case, on 6 September 2022, a member of Bethlehem Stock Theft and Endangered Species Unit received information from a concerned resident about a male carrying suspicious black plastic bags. The officer moved swiftly to locate the suspect a Nigerian Linus Obumme Uchegbu (47) also known as “China“. A search of the black plastic bag was conducted which led to the discovery of a Nestlé Cremora Coffee Creamers box. Several sachets of crystal meth were found hidden between the powdered milk bags. He was immediately arrested. Later during investigations, case dockets relating to similar arrests or investigations were given to Serious Organised Crime Investigation in Bethlehem for further investigation. On Friday, 5 July 2024, the Bethlehem Magistrates Court sentenced Uchegbu to 15 years imprisonment for possession and dealing in drugs.
CASE 16: HAWKS UNCOVER MAJOR HYDROPHONIC CANNABIS OPERATION EASTERN CAPE: On 30 August 2024, the Gqeberha based Serious Organised Crime Investigation’s South African Narcotics Enforcement Bureau (SANEB) unit in collaboration with several SAPS units executed a search warrant at Mooiplaas, Quarry Road in Port Alfred. The team uncovered a sophisticated large scale hydroponic cannabis cultivation laboratory with cannabis plants being grown under controlled conditions as well as various products that includes dried cannabis. The laboratory is alleged to be also used for packaging these cannabis products, ready for distribution. The swift action of the Hawks and other law enforcement agencies led to the arrest of five (5) suspects inclusive of two South Africans, Kyle Clarke ( 26) and Christopher Stow (36), the business owner and three foreign nationals, Alyjah Mukundwa (22), Richard Banduru (35) and Loice Moiyo (34). The quintet appeared before the Port Alfred Magistrates Court on 2 September 2024. The South Africans were released on R10 000 bail each and the matter against them was remanded to 4 November 2024 for trial. The three foreigners were remanded in custody until 10 October 2024. Mukundwa produced the necessary documents and was released. Banduru and Moiyo were found guilty of contravening Section 49 of the Immigration Act 13 of 2002 and sentenced to pay R2000-00 fine or five months imprisonment.
ILLEGAL MINING Illegal mining is one of the most serious crimes committed by organised criminal groups. This industry needs protection as it can generate employment and much needed financial resources. I shall cite two (2) cases in this regard.
CASE 17: ILLEGAL MINING KINGPINS ARRESTED BY THE HAWKS LIMPOPO: On 12 December 2023, Polokwane based Hawks Serious Organised Crime Investigation (SOCI), Sekhukhune District Task Team, South African National Defence Force (SANDF), Local Criminal Record Central (LCRC) and SSG Security Company conducted a disruptive operation at Burgersfort, which was aimed at addressing illegal mining activities within Sekhukhune District. During operation, the team went to Triton Chrome Storage in Steelpoort, where they found an alleged geologist, Jan Aucamp, in possessions of piles of chrome valued at R20 million inside the yard. He failed to produce a permit on request by the police and placed under arrest for possession of suspected stolen chrome. Preliminary investigations by the Hawks established that the recovered chrome was mined illegally from various mines in Sekhukhune District. The recovered chrome was confiscated. The investigation revealed that Aucamp is not the only accused who is responsible for the recovered chrome but other two men who held senior positions at Triton Mineral Africa too. Following investigation, the National Prosecuting Authority (NPA) issued warrants of arrest for the outstanding suspects Gary Mitchell (63) and Mark Mitchell (31). On 13 September 2024, the Hawks arrested the two suspects in Burgersfort who are believed to be kingpins behind illegal mining activities within the Limpopo Province for possession of suspected property (chrome) valued at over R20 million. They appeared before the Burgersfort Magistrates Court on 16 September 2024 where they were granted bail of R5 000 each. Their case is remanded to 27 – 28 January 2025.
CASE 18: ORGANISED CRIME PROJECT GIANT NETS FOUR IN NORTH WEST NORTH WEST: Between February 2016 and February 2020, four individuals were alleged to have been involved in illegal procurement of gold bearing material from unlicenced individuals and entities by an active gold mine. During the disruptive operations, gold bearing material to the value of R 17 million was seized from a several premises. A forensic accounting investigation determined that the value of illegally acquired gold that was also disposed of is about R111 million. Warrants for the arrest of four (4) individuals were issued by the Magistrate at Stilfontein. On 30 September 2024, Carel Frederick Cornelius (64), Edmund Walker van Staden (62) and Barryb Russon Mansill (47) were arrested by the Serious Organised Crime Investigation of Klersdorp. On 3 October 2024, the fourth individual, Lobbertus Jacobus van der Bijl @ Chopper (77) was arrested. The quartet faces charges of contraventions of the Precious Metals Act 37 of 2005 and Money laundering and acquisition, possession or use of the proceeds of crime in terms of the Prevention of Organised Crime Act (POCA) 121 of 1998. They have been granted R10 000 bail and the case is postponed to 23 October 2024 for further investigation which was for securing the fourth accused in court.
SERIOUS COMMERCIAL CRIME CASE 19: TRIO CONVICTED FOR FRAUD AND MONEY LAUNDERING KWAZULU-NATAL: During March 2016, Duran Thavarayan (40), who was a treasury supervisor at Massmart, was to pay all companies that were doing business with Massmart. During this period, he colluded with his friends, Yuvesh Pillay (41) and Selvan Naicker (53) by falsifying invoices, which were presented to Massmart. It was established that the money was not paid into the accounts of the companies that were supplying Massmart. Instead, the money was paid into the accounts of the accused’s friends. As a result, the company suffered a loss of R2 418 500-00. A case was reported to the police and allocated to the Hawks’ Serious Commercial Crime Investigation, Durban for further investigation. An intensive investigation led to the arrest of the three accused. The trio were charged with fraud and money laundering. They appeared several times in court until 28 August 2024, where they were found guilty on nine (9) counts of fraud by the Durban Specialised Commercial Crimes Court. Over and above, the court convicted Pillay and Naicker on 68 counts of money laundering. The matter is remanded to 11 November 2024 for sentencing.
CASE 20: UGANDAN FAKE HEALERS TO SHARE 20 YEARS IMPRISONMENT EASTERN CAPE: On 1 July 2019, the complainant went to visit a traditional healer at East London CBD. He was taken to a consulting room, attended to by Ugandans, Kiseka Rashid (46) and Tony Lubenga (34) who introduced themselves as traditional healers. During the consultation, the complainant was made to believe that he was talking to his ancestors. Subsequently, he was convinced to resign from his job in order to get all his pension money, which he did. He was told by the duo to withdraw all his pension money and to bring it to them so that it would multiply. He followed their direction and as a result, he lost R3 million. He then reported to the matter, which was assigned to the Hawks for investigation. On 18 March 2021, Rashid and Lubenga were arrested by the East London based Serious Commercial Crime Investigation team of the Hawks and appeared before East London Magistrates court on 19 March 2021. They were remanded in custody. The accused made numerous court appearances. On 4 July 2024, the duo was convicted and sentenced to 10 years imprisonment for fraud and three (3) months imprisonment for contravention of section 49 of Immigration Act 13 of 2002 by the East London Regional court.
CASE 21: STEINHOF CULPRIT ARRESTED, CONVICTED AND SENTENCED HEAD OFFICE: In December 2016, the former Chief Executive Officer, of Steinhof, Markus Jooste allegedly created transactions, which had no economic substance resulting in inflated Steinhoff UK’s operating profit of about R5.5 billion. In December 2017, he resigned after earning more than R650 million in four years. The Financial Sector Conduct Authority (FSCA) imposed R475 million fine on Jooste, for contraventions of the Financial Markets Act (FMA) related to his reporting on the financial position of Steinhoff International. On 20 March 2024, the Serious Economic Offences Unit of the DPCI and the National Prosecuting Authority (NPA) secured arrest warrants for Jooste and Stephanus Johannes Grobler on allegations of fraud, a pattern of racketeering activities and contravention of FMA. The suspects were expected to hand themselves over at Pretoria Central SAPS and thereafter appear in the Pretoria Specialised Commercial Crimes Court on 22 March 2024. After being notified of the arrest warrants, Jooste allegedly committed suicide on the afternoon of 21 March 2024. Grobler appeared in court on 25 March 2024 where he was granted R150 000-00 bail and the matter postponed to 26 June 2024. On 26 June 2024, the former Chief Financial Officer of Steinhof, Andries Benjamin La Grange handed himself over to the Hawks and was arrested. He appeared at the Pretoria Specialised Commercial Crime Court where he was granted R150 000-00 bail and case postponed to 04 October 2024 and now postponed to 14 February 2025. On 26 September 2024, Dr Gerhardus Burger (79) was arrested by the DPCI and appeared at Pretoria Specialised Commercial Crimes Court where he pleaded guilty on insider trading. He was sentenced to five (5) years imprisonment, which is wholly suspended.
CASE 22: INMATE SENTENCED FOR FRAUD AND INVESTMENT SCAM The matter was referred to the Hawks Middelburg based Serious Commercial Crime Investigation for investigation. The investigation established that Mantsoe tricked the victims into investing money by providing fake information on investment. On conclusion of investigation, Summons (J175) was served on the suspect while in custody of correctional services where he was serving 36 years imprisonment for murder. On 22 August 2022, the duo was secured at Evander Regional Court. On 16 July 2024, the duo was found guilty on 120 counts of fraud, contravention of the provisions of the Financial Advisory and Intermediary Act 37 of 2002 read with the Consumer Protection Act 68 of 2008.
Montsoe was sentenced on counts 1-59, which were taken as one for the purpose of sentence to 10 years imprisonment, count 60 sentenced to 12 months imprisonment; counts 61-119 taken as one for the purpose of sentence to 10 years imprisonment; and count 120 sentenced to 4 years imprisonment. The sentences for counts 1-59 and 61-199 run concurrently which means that Montsoe shall serve 15 years imprisonment. This sentence shall run concurrently with his existing sentence of 36 years imprisonment for the April 2017 murder of his girlfriend in Gauteng.
COVID 19 Those who stole from the COVID 19 relief funds shall serve as living proof that crime does not pay. I shall cite two (2) cases in this regard.
CASE 23: CONVICT SENTENCED FOR FRAUD AND MONEY LAUNDERING A case was reported and investigated by the Pretoria based Serious Commercial Crime Investigation. Sibisi was arrested and prosecuted. He pleaded guilty for unlawfully and intentionally defrauding UIF, prejudicing and causing an actual loss of R812 067-02 which was paid into the companies’ account. On 15 July 2024, he was sentenced to six years imprisonment, half of which is suspended by the Pretoria Specialised Commercial Crimes Court, for fraud and money laundering, half of which is suspended.
CASE 24: OWNER AND TWO COMPANIES SENTENCED FOR UIF FRAUD FREE STATE: In March 2020 and December 2020, Lelokonyane Isak Letseng (44) fraudulently applied for Covid-19 Temporary Emergency Relief Scheme (TERS) for the period 01 March 2020 to 31 August 2020 on behalf of individuals purported to be employees of Bophelo Botle Solutions that are affected by Covid-19, whereas they were not employees. The UIF made nine different payments to the total amount of R847 015-32. As a result, the UIF was prejudiced and suffered a loss. Seeing that it is doable, he unrepentantly upped the thieving game. In July 2020 and October 2021, Letseng fraudulently applied for Covid-19 Temporary Emergency Relief Scheme (TERS) for the period 1 July 2020 to 31 October 2021 on behalf of individuals affected by Covid-19 and purported to be employees of Izuz Gibbor (Pty) Ltd, whereas they were not employed by the company. The UIF made nine undue payments to the total value of R1 010 555- 92. Two case dockets were registered and referred to the Hawks’ Serious Commercial Crime Investigation, Bloemfontein for further investigation. On 25 April 2024, Letseng was arrested on a warrant of arrest and appeared on 26 April 2024 where he was charged with his company Izuz Gibbor (Pty) Ltd. He was granted R1000-00 bail. On 15 May 2024, Mathato Cynthia Letseng (34), the spouse of Lelokonyane Isak Letseng was arrested on a warrant of arrest and appeared at court where she was granted R5000-00 bail. She was charged with her husband and Bophelo Botle Solutions company. On 22 August 2024, Lelokonyane Isak Letseng pleaded guilty on fraud and money laundering for himself and the companies. The court returned a guilty verdict against him and the two juristic persons, Bophelo Botle Solutions (Pty) Ltd and Izuz Gibbor (Pty) Ltd. His spouse was acquitted and retained her innocence. The two charges were combined for sentencing and Lelokonyane Isak Letseng was sentenced to 10 years imprisonment for fraud and R10 million fine for money laundering, which are wholly suspended for 5 years. He was also ordered to repay the complainant R1 780 017.24, including 11.25% interest, within the period of five years starting from 01 November 2024 with final payment on or before 30 November 2029. Bophelo Botle Solutions was fined R2 million for fraud, and R3 million for money laundering, which are wholly suspended. Izuz Gibbor was fined R2 million for fraud and R3 million for money laundering, which are wholly suspended. Crime does not pay. In another similar case, in March 2020 and October 2020, Tlotliso Molaba (38), Lelokonyana Class Motaung (38) and Afrikhan Source (Pty) Ltd applied for R1 396 053, 40 for non-existing 80 employees from UIF which was paid. They were arrested on 25 and 26 April 2024 respectively. They were granted R1000.00 bail by Phuthaditjaba Magistrates Court. On 10 September 2024, they pleaded guilty and ordered to pay back the loot to UIF.
CASE 25: ACCUSED SENTENCED TO 12 YEARS IMPRISONMENT FOR FRAUD AND MONEY LAUNDERING KWAZULU-NATAL: Between July 2015 and October 2016, Sivalingam Naidoo (51) was employed as a property administrator by the owner of Phoenix Cash and Carry. His duties were to handle all administration in respect to rentals for the corporation. Naidoo transferred R1 150 000-00 into his personal account. This transaction alerted the employer, who then began to question his tenants about payments of rent and they informed him that Naidoo had informed them that he will be collecting cash as rent. The owner then discovered that Naidoo had defrauded the company a total amount of R5 873 125-50. A case of fraud was reported at Phoenix police station and the case docket was allocated to the Hawks members from Durban Serious Corruption Investigation. In 2017, Naidoo was arrested and appeared in court several times. On 17 July 2024, the Durban Specialised Commercial Crimes Court convicted him on 346 counts of fraud and money laundering. He was sentenced to nine (9) years imprisonment on 344 counts of fraud and three (3) years imprisonment on two (2) counts of money laundering.
NORTHERN CAPE: Between July 2022 and March 2023, Jean Pierre Van Niekerk (25) who was employed by Northern Cape Cricket Union as a Financial Manager misappropriated funds belonging to the employer. Payments that were due to service providers were deposited into his personal bank account. The entity suffered an actual loss of R424 071-55. The matter was referred to the Hawks Serious Commercial Crime Investigation, Kimberly for investigation. On 21 December 2023, Van Niekerk was arrested. He appeared at Kimberley Specialised Commercial Crimes Court on fraud charges and theft. On 31 July 2024, the court convicted him on 80 counts of theft and fraud. He was sentenced to (4) years direct imprisonment on count 1 to 40 of fraud. Count 41 to 80, the accused was sentenced to (12) months imprisonment wholly suspended for (5) years on condition that the accused is not found guilty on the same offense during suspension period. The convict was further declared unfit to possess a firearm.
CASE 27: THREE MORE SENTENCED FOR FRAUDULENT PASSPORT SCAM GAUTENG: During 2021, a Department of Home Affairs official, Judith Salome Zuma operating with a syndicate of foreign nationals, colluded with South African citizens to assist foreign nationals from Pakistan, Bangladesh and Democratic Republic of Congo to obtain South African passports by using their identity documents and biometrics. The foreign nationals fraudulently replaced the owners’ photos with theirs and assumed the names of the South African citizens. The foreign nationals, Oliver Whendle Hurriparsad (40), Morshed Alam (26), and Saiful Islam Sojun were respectively arrested on 19 October 2022, 16 September 2022 and 25 November 2022, as they attempted to leave the country to their various home countries. Zuma pleaded guilty and was convicted on 1 159 counts of Fraud, Corruption, Contravention of Immigration Act 13 of 2002 and Contravention of Identification Act 69 of 1997. On 1 August 2024, she was sentenced to a combined period of 35 years imprisonment for facilitating the activities of a syndicates operating within the Department of Home Affairs. On 2 August 2024, Hurriparsad, Alam, and Sojun were each sentenced to twelve (12) years imprisonment when they appeared in the Durban Specialised Commercial Crimes Court. The trio was found guilty of multiple charges that includes corruption, fraud, violations of the Identification Act and the Immigration Act. Hurriparsad was found to have accepted a gratification for the use his valid South African Identity document to enable an ineligible foreign national access to South African passport under his name. Alam and Sojun were convicted for paying South African nationals to use their personal particulars, which enabled them to fraudulently obtain South African passports. The trio were each sentenced to four (4) years imprisonment on a charge of fraud and four (4) years for corruption. A further two (2) years for contravening Identification Act, whilst another two (2) year imprisonment term was handed down for contravening Immigration Act. All sentences are ordered to run concurrently and they will each serve an effective four (4) years direct imprisonment.
LEGAL PRACTITIONERS Legal practitioners are officers of court. Theirs is a profession of honour. It is important that our learned colleagues should continue to maintain the decorum of this great profession. They must be exemplary to upcoming jurists and jealously insulate the image of this profession. Those who betray that trust need to take full responsibility and the Legal Profession Council should continue to police those who breach professional ethics. It should ensure that all legal practitioners observe a settled expectation of uberrima fides, the highest possible degree of good faith in dealing with client during submissions, representations to client sothat they are accurate, honest and frank. It is comforting that prosecutors, the defence and the presiding officers who deal with these matters are jurists in good standing. I shall cite eight (8) cases in this regard.
CASE 28: ATTORNEY STEALS R39 MILLION OF TRUST FUNDS GAUTENG: It is alleged that from January 2019 to January 2024, Solomon Slom (51) who was an Attorney attached to Fluxman Attorneys, was mandated to administer a client’s account called Acrow which had R45 million in Trust. He allegedly misappropriated an amount of R39 million from the Acrow account into his four personal bank accounts. When he was confronted by his business partner, he resigned with immediate effect. The matter was investigated by the Hawks’ Serious Commercial Cime Investigation Unit, Johannesburg. Slom handed himself on 26 August 2024, and he was then arrested and appeared in court. The Palm Ridge Specialised Commercial Crimes Court granted him R50 000 bail and the matter was postponed to 12 September 2024 for copies of the docket. The matter has been remanded to 15 October 2024 for further instructions.
CASE 29: AN ATTORNEY ACCUSED IN DITSOBOTLA MUNICIPALITY FRAUD NORTH WEST: In May 2021, Thouret Mampe Thabe Tiro (41), the director of Tiro Attorneys (Pty) Ltd allegedly submitted a request for payment to the Ditsobotla Local Municipality for legal services he had rendered. Tsietsi Isaac Shema (54), the then acting director of Corporate Services at the Ditsobotla Local Municipality and Radikashu Isaac Tsie (44) approved the request for payment. The matter was investigated by Mahikeng-based Serious Commercial Crime Investigation of the Hawks. The investigation revealed that no services were rendered and as a result, the municipality suffered a loss of over R460 000-00 for paying the services that were never rendered. On 05 September 2024, Tiro and Shema, were arrested in Lichtenburg and appeared in the Lichtenburg Magistrates’ Court on charges of fraud where they were granted R8000 00 bail each. Tsie was arrested on 11 September 2024 for the same fraudulent procurement of legal services and made a brief court appearance and was released on R5 000 bail. The trio is facing four (4) counts of fraud and an alternative theft charge. The case was remanded to 4 October 2024 and it is now remanded to 2 December 2024.
CASE 30: AN ATTORNEY ARRESTED FOR THEFT AND MONEY LAUNDERING WESTERN CAPE: Between October 2010 and December 2014, Kobie Nieuwenhuis (55), who was a duly admitted attorney, notary and conveyancer, practiced as such under the name, Nieuwenhuis Attorneys. During the period of March 2011 to December 2014, she was appointed by the Master of the High Court, as the executor of the estate of the late CK Flores. She was obliged to transfer the funds to the estate of the deceased but instead of executing such legal duty, she allegedly misappropriated the funds to the amount of R243 600-00. The matter was investigated by the Hawks’ Bellville based Serious Commercial Crime Investigation Unit. A warrant of arrest was issued against her. On 11 September 2024, the Hawks team arrested her. She appeared at the Bellville Magistrates Court on 12 September 2024 and the matter was postponed to 19 September 2024 for bail information and legal representation. The case was later postponed on four occasions and it is now postponed to 14 October 2024 for the further bail process.
CASE 31: AN ATTORNEY STEAL FROM THE ROAD ACCIDENT FUND (RAF) EASTERN CAPE: On 4 August 2020, a person was admitted at Livingston Hospital for an ankle injury, which was sustained because of jumping over a fence to escape gunshots. Mkhululi Enock Tokota (38) of Johan Cronje attorneys submitted an R8 844 000, 00 false claim to the Road Accident Fund (RAF) on behalf of the patient as his client. He falsely claimed that his client was injured in a hit and run motor vehicle accident that occurred on 04 August 2020 near Qhoqho street, Kwanobuhle Kariega. The Forensic Investigation Department of the RAF established that the claimant was on the date of the accident admitted to hospital for an ankle injury, which was sustained as a result of jumping over a fence whilst fleeing from gunshots and not a hit and run incident as reported. The claim was then rejected. The Serious Commercial Crime Investigation Unit of Gheberha investigated the matter. On 27 February 2024, Tokota was summonsed to appear in the Kariega court on 22 March 2024. On 19 September 2024, the accused was convicted on one (1) count of Fraud and sentenced to a fine of R10 000, 00 or three (3) years imprisonment. This means the court has certified him as a criminal, which certificate is to be filed with the Criminal Record Center. Until expungement the label sticks.
CASE 32: AN ATTORNEY IN COURT FOR ROAD ACCIDENT FUND (RAF) THEFT EASTERN CAPE: On 16 April 2021 at 18:00, the complainant who was a passenger was involved in a car accident that happened in East London. The victim was rushed to Mt Frere hospital in an ambulance where she was hospitalised for five (5) weeks due to the severity of her injuries. Upon discharge, she visited Masixole Bangiso (41), an attorney at Masixole Bangiso Attorneys for a Road Accident Fund (RAF) claim. Bangiso took her to a specialist to prove the severity of her injuries where after he made an application for an amount of R550 000 to RAF. On June 2023, the complainant was told that the payment of her claim would be made by December 2023 but in vain. On 3 January 2024, she called the attorney to check on the progress of the claim as she had lost her brother and needed to use the money to assist during funeral preparations. He confirmed that he received payment of the money from RAF in his Trust Account but failed to transfer the funds to the complainant’s account. Instead of transferring the funds, he repeatedly made excuses. The complainant approached the Legal Practice Council (LPC) for assistance where it was confirmed that an amount of R550 000-00 was indeed paid to the attorney’s Trust Account on 3 January 2024. The attorney was approached by the LPC and an amount of R500 000-00 was paid. In March 2024, a case was lodged with the police and the East London based Serious Corruption Investigation of the Hawks investigated the matter. The investigations established that the funds used to pay the victim were money paid out by RAF for another client of Bangiso and not the one who is being paid. The two transactions resulted in RAF losing an actual prejudice in an amount of more than R1 million. On 9 September 2024, Bangiso was arrested by the Hawks and appeared in East London Magistrates court where he was released on R4 000-00 bail. The matter was postponed to 11 October 2024 for further investigations, then remanded to 4 November 2024 for transfer to East London Specialised Commercial Crimes court.
CASE 33: ATTORNEY DEFRAUD ROAD ACCIDENT FUND OF R4 200 000-00. EASTERN CAPE: In March 2024, the Road Accident Fund (RAF) reported the case at Madeira police station for fraud, forgery and uttering. It was alleged that Nicholas Bambeni lodged a claim for compensation at RAF through the attorney Michael Songezo Tuswa (33) of MS Tuswa Incorporated based in Mthatha for an amount of R4 200 000.00 and cited that he was involved in a hit & run accident as a pedestrian near R61 Misty Mount, Libode. The Mthatha Serious Commercial Crime Investigation of the Hawks confirmed that Bambeni was in fact, the driver when a motor vehicle capsized on gravel road near Mgwalane Location in Libode. Bambeni reported a false docket of hit and run, five months after the alleged accident occurred. Bambeni passed away on 28 July 2023 due to natural causes while the RAF investigation was still in progress. It was established that Tuswa manipulated a Medicolegal Report of Specialist Orthopaedic Surgeon based in Pretoria and added fictitious information pertaining to opinion on damages to support the claim for compensation, which was vehemently refuted by the Surgeon. Furthermore, upon demise of Mbambeni, Tuswa forged Ambeswa Ranelo’s signature (Bambeni’s youngest daughter) and appointed himself as the Executor of Estate of late Nicholas Bambeni. Through the misrepresentation to the Office of the Mthatha Master of High Court, he successfully received the Letter of Authority. He submitted all these fraudulent documents to RAF causing it to suffer a potential prejudice of R4 200 000-00. A warrant of arrest was issued against Tuswa who was arrested on 25 September 2024 and appeared at Mthatha Specialised Commercial Crime Court on 26 September 2024, on charges of fraud, forgery and uttering against Tuswa and his law firm Michael Songezo Tuswa Incorporated. The accused was granted R5 000-00 bail and the case is postponed to 04 November 2024 for docket disclosure.
CASE 34: ATTORNEY SENTENCED FOR STEALING FROM DECEASED ESTATE GAUTENG: On 11 July 2007, Sello Ishmael Mabena (54) was struck off the roll of practising attorneys by the Gauteng Division of the High Court sitting in Pretoria. A complaint reported to the police sparked an investigation by the Serious Commercial Crime Investigation Unit of Johannesburg. The investigation revealed falsehood in the alleged Executor of the deceased estate of the late Phyllis Debie Tepper. On 19 October 2013, Phyllis Debie Tepper passed on and survived by her husband. Morris Kaplan was appointed to deal with the administration of the estate. The latter lodged the claim with the administrator of estates of the Master of the High Court, Johannesburg. While he was still waiting a response from the Master’s office, Ben Leply was fraudulently appointed as an Executor of the estate. The Fraudster opened a bank account in the name of Mrs Phyllis Debie Tepper. On 1 October 2014, an amount of R1 324 935-95 was transferred into the said bank account. The said monies were spent on various transactions including the payment of the salary of the staff of Mabena at Banchivis Property Holdings which received R800 000-00 from the estate. Leply who received R100 000-00 passed away on 24 January 2015 and the rest of the money was spent by Mabena The Serious Commercial Crime Investigation of the Hawks, Johannesburg investigated the matter. On 8 February 2016, Mabena who deliberately created false letters of Executorship and forged the signatures of an officer employed by the Master of High Court was arrested. On 7 July 2024, he was convicted of theft. During its judgement, the court described Mabena aa a pathological liar due to his consistent claims of repaying the stolen money, despite evidence to the contrary. Mabena’s repeated false assertions led the court questioning his credibility. On 18 September 2024, the Johannesburg Specialised Commercial Crimes Court sitting at Palm Ridge sentenced Mabena, a former attorney, to seven years imprisonment for theft.
CORRUPTION Corruption continue to pose a challenge in the country and the Directorate shall respond without fear and prejudice. I shall cite five (5) cases in this regard.
CASE 35: MAJOR GENERAL (R)(ADV) PHEFO CONVICTED OF CORRUPTION HEAD OFFICE: In August 2017, an applicant who is a former employee of the SAPS had applied for a Brigadier post and was shortlisted. During the assessment, she was approached by the accused, Major General (retired) Advocate Thuto Gaogakwe Phefo (62) who gave her a document containing what he said would be expected in the interviews. The complainant said upon opening the document she realised that it was a case study. She further indicated that the convict solicited R70 000-00 for the document. The complainant paid the accused R48 000-00. On 02 August 2017, an enquiry was opened, which prompted the conducting of an entrapment. The senior manager was arrested on 13 August 2017 after demanding and receiving the balance of R22 000-00. The accused was released on a R4 000-00 bail and appeared 48 times in court until his conviction. In the meantime, the complainant was dismissed from the police and the convict acquitted in a departmental case. He took an early retirement on 31 March 2020. On 26 August 2024, the Kimberley Regional court, convicted Phefo for contravention of the Prevention and Combatting of Corrupt Activities Act (PRECCAA) brought against him in August 2017. The case has been postponed to the 18 October 2024 for sentencing. After conviction, bail was not extended and the convict is remanded in custody. The convict applied for bail pending sentence, matter heard on 23 September 2024 and judgement set for 30 September 2024, which failed.
CASE 36: 27 TRAFFIC OFFICERS, EXAMINERS AND DRIVING SCHOOL OWNERS ARRESTED FOR FRAUD AND CORRUPTION
On 16 and 17 September 2024, the warrants were executed by multi-disciplinary teams comprising of Mpumalanga Directorate for Priority Crime Investigation, Road Traffic Management Corporation and Crime Intelligence. The arrests took place at Sabie, Graskop, Lydenburg, Hazyview, Charl Cilliers, Kabokweni, KaNyamazane, Nelspruit, Malelane, White River, Culcutta and Verena. Twenty seven (27) accused are Momo Beauty Mathebula (30), Roandey Mazuzu Mkhonto (49), Jackson Mokoena (42), Lucky Nhlahla Shabangu (45), Reneilwe Linah Phala (45), Seth Moleseng Mashile (55), Patracia Pretty Sekome (36), Eric Mawelele (57), Bheki John Mamba (59), Abram Mashiane (43), Tshepo Sikosana (48), Abram Mahlangu (43), Sarah Ndala (59), Neo Lawrence Mofube (32), David Kenneth Twala (49), Rodney Plus Nkuna (33), Sboniso Nkosi (38) Bhekifa Mfankomo (51), August Veronica Nkambule (47), Sipho Mkhonto (40) Elecks Ngwamba (52), Sylvester Goodman Hlaka (49) Joseph Koos Mathebula (55), Nomzamo Duba (39), Secret Mngwenya (29), Nyiko Remember Ntimane (41) and Solomon Sipho Makamo (64).
They appeared at different courts and granted bail of between R1000-00 and R10 000-00. Their cases are postponed to dates between 16 October and 23 November 2024. CASE 37: SEVEN POLICEMEN AND A CIVILIAN ARRESTED FOR EXTORTION KWAZULU-NATAL: On 8 September 2024, the members from Durban Serious Corruption Investigation received a complaint of corruption at Phoenix area. Complainant alleged that while he was busy at his shop, one customer entered and requested three boxes (cartons) of cigarettes. He paid R400.00 and was given back his change. Few minutes later, four suspects entered the shop and one of them introduced himself as a police official. He further introduced his accomplices as colleagues from Pretoria. They then searched the shop and confiscated stock of cigarette claiming that it was counterfeit cigarette. They drove to Phoenix police station where they demanded R100 000.00 gratification in order to release the complainant together with his stock. The complainant managed to raise an amount of R79 500-00. Upon receipt of information, the Hawks members swiftly responded with an unconventional investigation as provided for in terms of section 252A of the Criminal Procedure Act 51 of 1977. Four suspects were arrested immediately after taking cash. On 9 September 2024, the remaining four members handed themselves over to the Hawks and they were also arrested for corruption and extortion. The eight suspects are Constable Stallone Singh (31), Warrant Officer Mathakene Mashabela (54), Sergeant Zakhele Makhubela (46), Sergeant Nicholas Nxuza (50), Sergeant Xolani Sishi (50), Sergeant Thamsanqa Dlamini (43), Sergeant Phiwayinkosi Zulu (41) and Civilian Deon Naidoo (42). They appeared in the Durban Magistrate’s Court where they were granted R7 000-00 bail each. Investigation continues and more arrest is expected. The case is postponed to 7 November 2024.
CASE 38: CONVICT GETS FIVE YEARS IMPRISONMENT IN DIGITAL VIBES HEAD OFFICE: In 2018, Municipal Infrastructure Support Agent (MISA), which fell under the Department of Cooperative Governance and Traditional Affairs, awarded a tender of R3.9m to Digital Vibes to render communication services for 24 months starting from 20 July 2018 to 19 July 2020. Between 2018 and 2020, Lizeka Tonjeni (49) a former director in Infrastructure of Municipal Infrastructure Support Agent (MISA) received eight (8) payments totalling R160 000-00 from Digital Vibes, which had contract of with the Department in which she was employed. She was responsible for management of such project. She had not made any financial disclosures between 2018 and 2020. On 24 May 2022, Tonjeni was arrested by the Serious Corruption Investigation of Head Office for corruption in respect of accepting a R160 000-00 gratification from Digital Vibes. She appeared at Pretoria Specialised Commercial Crimes Court where she was released on R5 000-00 bail, with conditions that she should hand in her passport to the clerk of the court and should not apply for a new passport. Furthermore, she should not travel outside the Gauteng province unless she applies from the investigating officer. Regardless of the bail conditions, she travelled to the Eastern Cape without telling the investigator and applied for a passport seventeen days before judgement. The court rejected her defence that she sold healthcare products to a lady at Digital Vibes for R94 600-00 and took loans from her which were meant for a farming business. On 24 May 2024, she was convicted on eight (8) counts of fraud. After the judgment, the state opposed her application to extend her bail as she failed to comply with the conditions. The matter was postponed to 6 June 2024 for sentencing proceedings and later to 27 September 2024 where she was sentenced to five (5) years imprisonment. This is the first leg of Digital Vibes-related case that has been concluded.
KWAZULU-NATAL: In 2006, a contract of water purification was entered into between the Department of Health in KwaZulu Natal and a Uruguayan, Dr Gaston Savoi (71). Savoi was accused of fraud and corruption relating to the 2006 contract of water purification as well as the Northern Cape where four cases were reported at Kimberly. The cases were on the High Court roll with other co-accused. The cases were investigated by the Durban Serious Commercial Crime Investigation of the Hawks. The allegations were levelled against officials employed within the Northern Cape Department of Health and private individuals. The allegations related to the procurement and purchasing of ten (10) water purification plants for medical use at Provincial Hospitals within the Northern Cape. Contracts were awarded to a company named Intaka Holdings, based in Cape Town, after fraudulent tender documents were submitted to the Provincial Tender Board of the Northern Cape, who subsequently approved that Intaka Holdings will render the service. There was no improvement in the water purification plants system, although money was paid to Intaka Holdings for the services rendered. After the awarding of the contract, officials at the Department of Health received gratification from Intaka Holdings. The suspect was arrested and charged for fraud, corruption, and money laundering. On 5 September 2024, Savoi was convicted on three counts of corruption and one count of fraud by the KwaZulu-Natal High Court Division sitting at Pietermaritzburg after plea and sentence agreement in terms of section 105A of the Criminal Procedure Act 51 of 1977. He was sentenced to 10 years imprisonment or R 5 000 000-00 fine and a further 10 years imprisonment, which is wholly suspended for five (5) years. Over and above, a confiscation order was issued in favour of the state in the amount of R 60 000 000-00. He was also ordered to pay an amount of R 15 000 000 towards the cost of the curatorship. May we recall that Dumisani Sipho Derrick Shabalala, the former Head of Treasury in KwaZulu-Natal was convicted and sentenced to 15 years imprisonment in 2022 for corruption, contravention of the Public Finance Management Act (PFMA), money laundering by receiving gratification in an amount of R1.5 million in respect of a contract that was initially signed at R22 million and subsequently increased to R50.1 million. The other case docket that includes charges of a pattern of racketeering, will continue in Northern Cape High Court Division.
CASE 40: FRAUDSTER OF ESKOM’S KUSILE POWER STATION EXTRADITED HEAD OFFICE: Between April 2015 and April 2017, Michael Lomas (77), a Briton, offered gratification and made payments to a number of individuals and companies to influence tenders relating to Eskom. It is alleged that a tender was fraudulently awarded to a company called Tubular Construction Project (Pty) Ltd for services, which were initially part of the tender awarded to Alstom S&E Africa (Pty) Ltd. Tubular paid an entity owned by an official from Eskom who was instrumental in the awarding of the tender to the amount of R 745 804 316-25. On 19 December 2019, France Hlakudi, Abram Masango and Hudson Kgomotswane, together with seven juristic persons were secured before court on the allegations of fraud and corruption at Eskom (Kusile power station project) by the DPCI, Serious Economic Offences Unit, Head Office. Lomas skipped the country and went to the United Kingdom (UK). He was arrested in UK on April 2021 and extradition process started.
On 20 September 2024, he arrived in South Africa and appeared at Kemptonpark Magistrate’s Court where his case was postponed to 27 September 2024 at the Johannesburg Specialised Commercial Crimes Court, sitting at Palm Ridge. Lomas is in custody and the case is postponed to 28 October 2024 for docket disclosure.
CONCLUSION As I conclude, let me indicate that this statement is my antepenultimate quarterly media briefing. Allow me to repeat that in line with our moto of seek, find and strike, the DPCI shall continue to execute its mandate without fear, favour or prejudice in accordance with the Constitution and other laws of the Republic. I thank you.
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