Lieutenant General Godfrey Lebeya: Third Quarter of 2024/2025 Financial Year

Dear South Africans,
Members of the media,
Ladies and Gentlemen, good morning.            

We are pleased to share the successes attained by the Directorate for Priority Crime Investigation (DPCI) during the 3rd quarter of 2024/2025. The DPCI remains committed to its mandate of investigating, preventing, and combating national priority offences without fear favour or prejudice.

The DPCI has made significant inroads in apprehending individuals involved in highprofile 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, cybercrime, police killings, cash-in-transit robberies, other armed robberies, kidnapping for ransom, state capture, illegal mining, counterfeit goods, tax related offences, covid-19 related offences, drug trafficking and trafficking in persons.

A total number of 1 452 suspects 1 409 natural persons and 43 juristic persons were secured before the various courts in the country. Of these arrests, 451 representing 32% are South Africans whereas 958 representing 68% are foreign nationals. In the second quarter, out of the 800 natural persons that were secured before court, 331 representing 41% were South Africans while 469 representing 59% were foreign nationals.

Of the 1 452 suspects, the Serious Organised Crime Investigation secured 1 172, the Serious Commercial Crime Investigation secured 234 while the Serious Corruption Investigation secured 46 suspects.  

Most of the arrests were effected in North West province with 919, Gauteng province with 116, KwaZulu-Natal province with 106, Mpumalanga province with 67 and Western Cape province with 57 suspects. May I hasten to say that the North West  figure is incorporating the 854 illegal mining cases that were allocated to the DPCI from operation Vala Umgodi at Stilfonten, which added to 21 arrest from organised crime projects named tarantula and Grumpy face operations, otherwise it shall have stood at 65.

During these arrests, 86 firearms and 3 617 rounds of ammunition were seized. Three (3) clandestine drug laboratories involving of R 37 713 500-00 were dismantled with four (4) arrests.  

During this same period, the Directorate secured convictions on 202 accused, which is made of 186 natural persons and 16 juristic persons. A total number of 222  (204 natural persons and 18 juristic persons) convicts  including those who were convicted before this quarters but not sentenced, were sentenced during this  quarter.

Of the 204 sentenced natural persons, 153 are South Africans while 51 are foreign nationals. Most of these convictions and sentences were secured in the Gauteng province. Of these 222 sentenced convicts, the Serious Organised Crime Investigation (SOCI) secured 106, Serious Commercial Crime Investigation (SCCI) secured 86 and Serious Corruption Investigation (SCI) secured 30. Let me hasten to say that the Directorate has secured thirty-two (32) life imprisonment sentences during this quarter.  

To ensure that crime does not pay, the Priority Crime Specialised Investigation (PCSI) has contributed towards the issuing of a combined 96 freezing and forfeiture orders amounting to R55 210 753-43. An amount of R 2 022 773-09 has been deposited into the Criminal Assets Recovery Account (CARA). The Digital Forensic Investigation Section finalised the extraction and analysis of data evidence from 315 electronic devices in the period under review. The PCMC received a total number of 362 reports from telephone service providers for analysis in support of investigations.

As at beginning of the third quarter, the Directorate was handling 18 264 dockets with monetary value of R1 026 817 012 597-38. A total number of 5 616 dockets with the value of R111 332 466 767-03 involving 12 607 accused were pending before the various courts in the country. Of those under investigations, 1 836 were pending decision by the National Prosecuting Authority on whether to prosecute or otherwise.

These performances make the total recorded successes on arrests, convictions and attachment of assets to 1 770. I shall highlight thirty (30) cases, which represent only two percent (2%) of the successes. Of these 30 cases, sixteen (16), twelve (12) and two (2) are for arrests, convictions and recovery of assets respectively.

 

SERIOUS ORGANISED CRIME

POLICE KILLINGS

An attack of police official 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, thirteen (13) police officials were murdered of which eight (8) were off duty while five (5) were on duty. Thirty (30) arrests and seven (7) convictions with 22 life imprisonment sentences and 725 years imprisonment were secured. The other life sentence, which is not amongst the cited cases was meted out by Gauteng High Court to Gift Phasha (34) on 6 December 2024 for the murder of Sergeant Moruoane at Winnie Mandela Extension 6, Tembisa on 3 August 2023. While one of the members was killed on the 31 December 2024, four (4) arrests have already been made by the 6 January 2025, which shall form part of the next quarterly briefing. Over and above these killings of SAPS members, four (4) Metropolitan police officials were killed and one (1) arrest and two (2) convictions were secured. I shall highlight two (2) cases in this regard.

CASE 1: POLICE KILLERS SHARE 20 LIFE PLUS 706 YEARS IMPRISONMENT

EASTERN CAPE: On 21 February 2018, the suspects attacked Ngcobo police station and killed five (5) police officers and robbed twelve (12) state firearms and two (2) state bullet-proof vests.  

An intensive investigation revealed that the suspects who committed the said atrocity were at Mancoba Seven Angels Church at Nyanga location. On 23 February 2018, the police approached the suspects. The suspects shot at the police and the police retaliated which resulted in the death of seven (7) suspects. Five (5) suspects Siphesihle Tatsi, Andani Monco (36), Kwanele Ndlwana (28), Siphosomzi Tshefu, and Phumzile Mhlatywa (51) were arrested.

On 27 July 2023, Tatsi pleaded guilty and convicted on all charges by the Eastern Cape Local Division of the High Court sitting at Mthatha. In October 2023, Tatsi  was sentenced to 241 years imprisonment of which he is to effectively serve 18 years imprisonment. A trial continued on the remaining four (4) accused. On 17 May 2024, a remaining quartet of Monco, Ndlwana, Tshefu, and Mhlatywa were found guilty on all charges.

On 16 October 2024, a quartet was sentenced. Monco and Mhlatywa were each sentenced to undergo five (5) life imprisonment for five (5) murders, 105 years imprisonment for seven (7) counts of robbery with aggravating circumstances, twenty (20) years imprisonment for two (2) counts of attempted murder, ten (10) years imprisonment for housebreaking with intent to commit a crime, and twenty (20) years imprisonment for four (4) counts of possession of firearm and ammunition. As some sentences runs concurrently, the convicts shall respectively serve thirty-five (35) years and twenty-five (25) years imprisonment together with life imprisonment sentence.

Ndlwana and Tshefu were each sentenced to undergo five (5) life imprisonment for five (5) murders, 135 years imprisonment for nine (9) counts of robbery with aggravating circumstances, twenty (20) years imprisonment for two (2) counts of attempted murder, ten (10) years imprisonment for housebreaking with intent to commit a crime, and twenty (20) years imprisonment for four (4) counts of possession of firearm and ammunition. As some sentences runs concurrently, the convict shall serve effective 40 years imprisonment on these counts together with life imprisonment sentence.

CASE 2: SPOUSE TO SERVE LIFE IMPRISONMENT FOR KILLING HUSBAND

KWAZULU-NATAL: On 3 May 2023, Captain Zwelakhe Thomas Ntombela from Ethekwini Metro Police was shot and killed outside his residence while closing the gate in Umlazi. A case of murder was reported at Umlazi police station and the case docket was allocated to Hawks members from Durban Serious Organised Crime Investigation for further investigation. During the intensive investigation, it was discovered that his private and service firearms were stolen by his wife Faith Noncebo Ntombela, before the shooting incident.

In July 2023, the hitman Mzo Ntombela (28), who was hired by the deceased’s wife, was arrested by the Hawks members working together with National Intervention Unit at Msinga. The deceased’s firearms were recovered at Mzo’s homestead in KwaMaphumulo. His arrest led to the arrest of his accomplices, Faith Noncebo Ntombela, Khulani Cele and Sithembiso Khumalo.  He appeared several times at the Kwa-Zulu Natal Local Division of the High Court sitting in Durban where he pleaded guilty and sentenced to 20 years imprisonment for murder.

On 30 August 2024 the court found Faith Ntombela guilty on Murder, Theft of CZ Model 70 semi-automatic pistol and magazine  containing five (5) rounds of ammunition belonging to the deceased, Theft of Glock Model 17 semi-automatic pistol and magazine and live rounds, and two counts of defeating the course of justice. On 29 November 2024, she was sentenced to life imprisonment for murder of police officer; 5 years imprisonment for each of the two counts of theft of firearm; 5 years imprisonment for each of the two counts of defeating the course of justice. The sentences will run concurrently. The judge commended and appreciated the work of the investigator and encouraged the Hawks to continue with their hard work. Cele and Khumalo will continue with the trial from 14 April 2025 until 16 May 2025.

 

CASH-IN-TRANSIT (CIT) ROBBERIES

During the third quarter, 42 incidents of Cash-In-Transit (CIT) robberies were received by the Directorate. A total number of nine (9) suspects died in exchange of gunfire with the police. A total number of 119 arrest for CIT and related crime were effected. It is comforting that only two (2) accused were granted bail. Six (6) convictions were secured on CIT and related cases. The convicts were sentenced to combined sentences of one (1) life imprisonment term and 147 years imprisonment. I shall cite two (2) cases in this regard.

CASE 3: QUINTET LINKED TO CASH-IN-TRANSIT ROBBERY      

EASTERN CAPE:  On 3 June 2024, IziCash Armed Vehicle (AV) was at Convenient Centre at New Brighton when two vehicles with armed suspects opened fire at the security guards where one guard sustained bullet wounds. Two firearms and undisclosed amount of cash were stolen.

On 19 June 2024, IziCash AV was at Quest service station in a parking area Salumntu street, Kwa Zakhele, in Gqeberha when a silver Isuzu double cab came and opened fire at the cash vehicle. Two 9mm pistols were robbed from the security guards.  

On 1 July 2024, IziCash AV was at Booysen Park, Chatty in Gqeberha when a grey Ford Ranger together with Opel Mokka offloaded armed suspects that were fired shots at the cash vehicle. The security guards fled the scene unharmed and nothing was stolen.          

On 2 July 2024, Siphosethu Faliso (26), Masazindile Doza (31), Thozamile Malanti (38), Makwayandile Dyidyo (38) and Likhanyo Kwayibana (42) were arrested by the Hawks' Serious Organised Crime Investigation in a joint effort with Cambridge SAPS Task Team and East London SAPS Task Team members. During their apprehension, they were caught in possession of unlicensed firearms and ammunition at Vincent in East London. The accused appeared before East London Magistrates Court on 4 July 2024 where they were remanded in custody.    

An intensive investigation by the Hawks led to the quintet being linked and charged in all three (3) incidents that occurred in Gqeberha. On 26 November 2024, the three charges relating to cash-in-transit (CIT) robbery, attempted murder, armed robbery, attempted CIT robbery and possession of unlicensed firearms and ammunition, were added against the quintet. They appeared before East London Magistrates court on 6 December 2024 and the case is postponed to 3 and 4 February 2025 for continuation of bail application.  

CASE 4: SEVENTH CIT ROBBER GETS LIFE PLUS 57 YEARS IMPRISONMENT

GAUTENG: During the second quarter update, I reported that: “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, Mabena 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.”

On 9 December 2024, Mabena was sentenced to life imprisonment for murder; 15 years imprisonment for conspiracy to commit CIT; eight (8) years imprisonment for attempted murder; 25 years imprisonment for unlawful possession of prohibited firearm and ammunition; eight (8) years imprisonment for Contravention of the Firearms Control Act, and one (1) year imprisonment for reckless & negligent driving.

 

OTHER VIOLENT RELATED OFFENCES

CASE 5: ROBBERS SHARE TWO LIFE PLUS 106 YEARS IMPRISONMENT

EASTERN CAPE: In August 2021, a business robbery took place near Kemston Road and Sueltz Street in Gqeberha, where Gqeberha Serious Organised Crime officers, along with other law enforcement agencies responded. The reports by the community assisted in identifying a suspicious vehicle, which the police intercepted at a red traffic light. When officers approached the vehicle, the suspects opened fire towards the police. The police reacted and an exchange of gunfire ensued. When the gunfire quietens, one of the suspects was down and out.  

During the search of the vehicle, police discovered three illegal firearms and stolen goods linked to a nearby business robbery. Three suspects, Vuyo Mayekiso (46), Mzamo Mzobe (38) and Nasiphi Khoza (31) were arrested and charged with murder, attempted murder and business robbery. The charge of murder relate to the co-perpetrators who died in exchange of gunfire with the police. The accused appeared in court multiple times and were denied bail.

On 7 October 2024, the Eastern Cape Local Division of the High Court sitting at Gqeberha sentenced Mzobe to life imprisonment for murder, 20 years for business robbery, and 8 years for attempted murder. His previous parole for aggravated robbery was revoked and he had to serve the remaining 966 days and 1 744 days. Mayekiso was sentenced to 10 years for business robbery, 8 years for attempted murder and

15 years for murder. Khoza was sentenced to life imprisonment for murder, 15 years for business robbery, 10 years for attempted murder, 15 years for unlawful possession of firearm and 5 years for unlawful possession of ammunition. All the sentences run concurrently.

CASE 6: A SEPTET ACCUSED OF KIDNAPPING A CHINESE WOMAN

KWAZULU-NATAL: On 30 September 2024, a 46-year-old Chinese woman was accosted by the suspects whilst she was closing her bottle store in Kokstad. She was taken together with her security guard in her vehicle, which was later found abandoned at Bhongweni area in Kokstad. The security guard was dropped off in the vicinity and the suspects disappeared with the victim.

A case of kidnapping was reported at Kokstad police station and the case docket was allocated to the Hawks members for intensive investigation. The following day, the suspects demanded a ransom of money. The Hawks members intensified their investigation and worked tirelessly until they arrested one suspect on 6 November 2024. Her arrest yielded positive results and the victim was, thankfully, found alive.  

On 8 November 2024, the Hawks members from Port Shepstone Serious Organised

Crime Investigation working together with Crime Intelligence, Special Task Force, Durban Metropolitan Police and Counter Narcotics, arrested Ngonidzashe Kevin Madziba (26) Zimbabwean Kingpin, Lwazi Shangase (23) vice, Lithulethu Mangesana (34), Lindani Madikizela (31), Sydwell Tugilizwe (48), Bertwell January (36) and Ayanda Zulu (21). The eighth suspect was released.

The seven (septet) appeared in the Kokstad Magistrates Court on 22 November 2024. After formal bail application, they were granted bail and the case is postponed to 21 February 2025.

 

RESPONSES TO RECOMMENDATIONS FROM STATE CAPTURE COMMISSION

The State Capture National Investigation Task Team is focussing on conducting comprehensive investigations. The team prioritizes investigations and transforms inquiries into case dockets. 2 241 statements have been obtained in fifty-three (53) cases which ware addressing State Capture recommendations. Thirty-eight (38) accused persons (30 natural and 8 juristic persons) have been arrested by the Hawks.  This include the six suspects that were already arrested by the DPCI in Bosasa before the cases were taken over by the Investigative Directorate Against Corruption (IDAC) which has charged no less than 268 persons. Four (4) accused persons have already been convicted and sentenced on State Capture matters handled by the Hawks. One of the convictions occurred in this quarter. I shall cite one (1) case.

CASE 7: BOARD MEMBER OF SOUTH AFRICAN AIRWAYS (SAA) ARRESTED

GAUTENG: On 24 August 2011, the Board of Directors of the SAA convened and discussed the award of the contract to external auditors who had tendered for a contract to render the services of auditing.  PWC and Nkonki had submitted bids for the contract and the board of directors recommended that the two firms be awarded the contract.

Yakwe Kwinana (60) was a member of the board that deliberated and recommended appointments of the two firms and she voted in favour of the resolution of the board. While being aware that PWC and Nkonki had tendered for these services, she failed to disclose past contractual relationships with the said companies, which caused prejudice to the proper administration of the affairs of the SAA. This contravenes the provisions of the Public Finance Management Act (PMFA).

The public entity made payments amounting to approximately R59m because of the conclusion of a contract, which would not have been concluded if all the material facts relating to the relationship between the accused and the two companies were known to the board of directors of the SAA.

On 26 November 2024, Kwinana handed herself over to the Serious Corruption Investigation team based in Germiston. She appeared at Johannesburg Specialised Commercial Crimes Court sitting at Palmridge where she was granted R20 000-00 bail. The case is now postponed to 12 March 2025 for defence to make a representation.

TRAFFICKING IN PERSONS

Trafficking in persons is criminalised in terms of the Prevention and Combating of Trafficking in Persons Act 7 of 2013. This statute domesticated the United Nations Convention Against Transnational Organised Crime and the Protocols thereto. The relevant one is Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.  I shall cite two (2) cases in this regard.

CASE 8: TWO CAMEROONIAN BROTHERS AND A SPOUSE SHARE SIX LIFE IMPRISONMENT PLUS 410 YEARS FOR TRAFFICKING IN PERSONS

WESTERN CAPE: On 12 September 2017, members of the Hawks’ Serious Organised Crime Investigation, Cape Town, searched a house in Brooklyn following information on victim of human trafficking. A victim from Eastern Cape was found in a small backroom together with another one who was held captive for sex work. The duo were transported by Citi Liner with Cameroonians Edward Tambe Ayuk (44) and Simon Mwambo.  An identity document of another woman from Springbok was also found. One of the victims had a broken leg. They were fed drugs. It was detected that claims were submitted to the Road Accident Fund (RAF) with the details of Edward Ayuk and Alex as the contact persons and not those of the victims. It was further established that Leandre Meryl Williams-Ayuk (wife of Edward Ayuk) (40), also received a large sum of money from the RAF.  

The Cameroonian brothers Edward Tambe Ayuk (44), and Yannick Agbor Ayuk (32) together with Leandre Meryl Williams Ayuk(40), a South African who is married to Edward Tambe Ayuk, trafficked persons from the Northern Cape and Eastern Cape and used them as prostitutes in the Milnerton and surrounding areas. The trio were arrested on 12 September 2017, 1 November 2017 and 12 September 2018 respectively. They made several appearances in the Western Cape Division of the High Court, sitting in Cape Town.

On 15 November 2024, the trio were convicted on twelve counts and sentenced separately to a total of six (6) life sentences and 413 years imprisonment for trafficking in persons of which a total of 30 years is suspended.

Edward Tambe Ayuk is sentenced to six life imprisonment made of life imprisonment on each of the six counts for Trafficking in Persons; 75 years imprisonment made of 15 years imprisonment for each of the 5 counts of using the services of the victims of Trafficking in persons; 25 years imprisonment made of 5 years imprisonment for each count of living of the earnings of victims of Trafficking in persons; 50 years imprisonment made of 10 years imprisonment for each of the 5 counts of kidnapping victims;  28 years imprisonment made of 7 years imprisonment for each of the 4 counts of assault GBH; 10 years imprisonment for assault GBH; 10 years imprisonment for Possession and Confiscation of documents; 5 years imprisonment for dealing in drugs; In total, the convict is sentenced to 6 life sentences plus 203 years imprisonment which runs concurrently.

Yannick Agbor Ayuk was sentenced to 60 years imprisonment made of 20 years on each of the three counts of which 5 years is suspended on each count for Trafficking in Persons; 45 years imprisonment made of 15 years imprisonment for each count of using the services of the victims of Trafficking in persons; 15 years imprisonment made of 5 years imprisonment for each count of Living of the earnings of victims of Trafficking in persons; 30 years imprisonment made of 10 years imprisonment for kidnapping victims;  In total,  the convict is sentenced to 150 years imprisonment. As some counts will run concurrently, he will effectively serve 15 years imprisonment.

Leandre Meryl Williams-Ayuk was sentenced to 60 years imprisonment made of 20 years on each of the three counts of which 5 years is suspended on each count for Trafficking in Persons. As some counts will run concurrently, she will effectively serve 15 years imprisonment. The trio have been declared unfit to possess firearms.

CASE 9: TWO LIFE IMPRISONMENT FOR TRAFFICKING IN PERSONS  

WESTERN CAPE: During September 2012, a sixteen (16) years old primary school girl, who was living with her grandmother in Nqgamakhwe was taken from Eastern Cape to the Western Cape by a woman under pretence that she is going to marry a 25 years old man. On arrival she was forced into marriage with a 45 years old man who was the same age as her mother. During this time, the victim fell sick and was taken to hospital, which necessitated the nurses to trace the family. The matter was reported to the Serious Organised Crime Investigation of the Directorate for Priority Crime Investigation for further investigation. On 10 September 2012, Ayanda Wellington Vellem (57), and three other persons were arrested.  

On 15 July 2024, Vellem was convicted on four counts of trafficking in persons, rape, contraventions of the requirements of customary marriages, and assault. The other two accused were found not guilty and discharged while the third one passed on before conclusion of trial.

On 19 November 2024, Vellem was sentenced by the Cape Town Regional Court to life imprisonment for trafficking in persons; life imprisonment for rape; nine months imprisonment for failure to comply with the requirements of a valid customary marriage; and six months imprisonment for assault common. The sentences were ordered to run concurrently. Effectively, the accused will serve life imprisonment. He was declared unfit to possess a firearm and furthermore his particulars will be entered in the National registers of Sex Offenders and National Child Protection register.          

 

ILLEGAL MINING ACTIVITIES

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. 910 suspects have been arrested of cases related to illegal mining and related minerals. I shall cite two (2) cases in this regard.

CASE 10: NINE ALLEGED DIAMOND INVESTMENT SCAMMERS ARRESTED

NORTHERN CAPE: From 2020, Louis Petrus Liebenberg, registered fifteen (15) companies in which he used his family and related persons as some of the directors. Magdelena Petronella Kleynhans registered a company styled Tariomix where Louis Liebenberg was a co-director. Another company styled Forever Zircon was registered in 2021.  Both these companies were purportedly involved in buying and selling diamonds. Potential investors were lured through social media and radio interviews to invest in the buying and selling of diamonds and were also promised high returns over a short period of time using a cashless platform called AE Switch. Thousands of investors made payments into the platform amounting to approximately R4.5b.

The suspects utilised the proceeds of the diamond investment scheme to purchase movable and immovable assets, including two mines, various motor vehicles, to wit, Ford Bakkie, BMW 230i sport, Toyota Agya, Kruger rands, silver coins and payment for Liebenberg’s lavish wedding and honeymoon in Greece. Various immovable properties, including an office block were purchased.

When some investors did not receive the promised payments, they became suspicious and reported the matter to the SAPS suspecting that they were defrauded. The investigation was conducted by the DPCI, in collaboration with the Financial

Intelligence Centre (FIC), Asset Forfeiture Unit (AFU), Price Waterhouse Coopers (PWC) and the NPA’s Organised Crime Unit.

On 23 October 2024, a mutli-disciplinary operation led by Northern Cape Hawks’ Serious Organised Crime Investigation unit conducted operation in Gauteng and North West. The operation resulted in the arrest of nine (9) suspects, namely, Louis Petrus Liebenberg (60) his wife Desiree Liebenberg (50), Magdelena Petronella Kleynhans (54), Johannes Petrus Badenhorst (41), Helena Dorothea Amy Schulenburg (59), Adriaan Dewald Strydom (35), Christelle Badenhorst (42), Nicolize van Heerden (58) and Walter Niendinger (55).

They appeared at the Bronkhorstspruit Magistrates Court, facing charges of forty-two (42) counts of fraud (alternatively theft), five (5) counts of a pattern of racketeering activity, six (6) counts of money laundering and various statutory offences, including contraventions of the Companies Act 71 of 2008.  

The matter was remanded to 31 October 2024 for a formal bail application in respect of the other accused. On 21 November 2024, the Bronkhorspruit Magistrates Court denied Desiree Liebenberg bail. Louis Liebenberg abandoned his bail application. The other seven accused were granted bail of between R5 000-00 and R100 000-00. The case is postponed to 4 February 2025.  

CASE 11:  TWO SUSPECTS ARRESTED FOR POSSESSION OF R15M GOLD

GAUTENG: On 26 November 2024, a team of Gauteng Hawks' Serious Organised Crime Investigation team and Head Office executed a meticulously planned operation, leading to the successful arrests of Joacham Chivayo (33) Zimbabwean and Ayanda Brian Gungwa (20) South African for possession of six (6) bars of unwrought gold worth R15m, as they were attempting to find a buyer.

The duo is charged with illegal possession of gold in contravening the Precious Metals Act 37 of 2005. They appeared at court on 27 November 2024 and the case is postponed to 25 February 2025 for further investigation.  

 

SERIOUS COMMERCIAL CRIME

CASE 12: DIRECTOR GUILTY OF DEFRAUDING DEPARTMENT OF HEALTH

FREE STATE: Between January 2011 and December 2015, fraudulent payments were made to service providers under the pretext that they would provide training. The payments were done without actual services being rendered. As a result, the Department of Health was prejudiced and suffered a loss of R8,7m. The office of the Auditor-General of South Africa discovered these irregularities and a case was opened and investigated by the Serious Commercial Crime of the Hawks, Free State.

In 2021, Twenty five (25) suspects including six companies; seven directors; and thirteen (13) government officials were arrested and charged with 304 counts of fraud, corruption, money laundering and contravention of the PFMA that are contained in an 84-page indictment. The accused are appearing in the Free State High Court sitting at Bloemfontein. The suspects are Dr David Motau (54), former Head of Department of Health, Free State, Motsumi Krisjan Polori (47), Kenosi Sarah Legobate (45), Gloria Buyiswa Gogo (63), “MJC(65) (now deceased)”, Maria Limakatso Mabitle (62), Hazel Ncukana (58), Colleen Hilary Kala (57), Setle Jack Letlojane (55), Phoka Stuurman (39), Makhale Ntabe Godfrey Mahlatsi (52)[former HOD of Health and now Head of Provincial Accountant General],  Mietjie Johns (63), Thabo Matthews Moeti (39), Azrago (Pty) Ltd, Mavuso Victor Kwababa (49), Land Breeze Trading 623 (Pty) Ltd,

Tsietsie John Polori (50), Tsa Rona Consultancy, Gerald Johnson Similo (44), Siphilile Investments, Simon Njonga, Amakholwa Consultancy Training and General Trading, Mmalefu Charity Moloi (39), Lebohang Beqezi (37) and Zen Communications.

On 8 November 2024, the company director Johnson Gerald Similo (47) and his company Siphilile Investments (Pty) Ltd, were found guilty and sentenced. Similo was sentenced to five (5) years imprisonment wholly suspended for five years on condition that he is not found guilty of fraud and money laundering during the period of suspension. His company, Siphilile Investments (Pty) Ltd was fined R200 000-00 wholly suspended for five years on condition that it is not found guilty of fraud and money laundering during the period of suspension.  

Moeti, Azrago, Kwababa and Land Breeze Trading 623 have already been convicted and sentenced on 16 May 2023. With six convictions and one deceased, the trial against the remaining nineteen (19) accused is set to continue on 5 May 2025.  

CASE 13: CYBERCRIME FRAUDSTER SENTENCED FOR CYBERCRIMES

WESTERN CAPE: During the period of February 2020 to January 2022, Yaseen Harris Rudrees (30) was a Risk Coach employed at Digital Outsource Services. He used his position to access certain computer systems and manipulated them by transferring funds from customers’ accounts and channelling them into created accounts linked to him and his then girlfriend as well as the girlfriend's brother, primarily utilising online casino accounts where he transferred R4 203 585-40. A case was reported in November 2023 and assigned to the Hawks’ Serious Commercial Crimes Investigation, Cape Town for further investigation.

On 12 December 2023, Rudrees was summonsed to appear at the Cape Town Specialised Commercial Crimes Court sitting at Bellville. He made multiple court appearances before being convicted on 74 counts. On 6 November 2024, he was sentenced to 10 years imprisonment on 24 counts of fraud, of which four years was suspended;  eight (8) years imprisonment on 25 counts of contravention of Section 2(2)(a) of  the  Cybercrimes Act 19 of 2020, of which three years was suspended; eight (8) years imprisonment on 24 counts of contravention of Section 7(2) of the Cybercrimes Act, of which 3 years was suspended; and 10 years imprisonment for one count of money laundering of which four years was suspended.  

The sentences for the 50 cybercrimes counts and money laundering will run concurrently with the first 24 counts of fraud. The convict shall effectively serve six (6) years of the 36 years imprisonment. He is also declared unfit to possess a firearm.

CASE 14: EIGHT ARRESTED ON RURAL DEVELOPMENT AND LAND AFFAIRS FRAUD  

EASTERN CAPE: It is alleged that during the period between 2017 and 2024, Funeka Malusi (56) a senior official from East London Department of Rural Development and Land Affairs holding a position of a director of quality assurance colluded with her relatives by allegedly approving self-orchestrated fraudulent claims. She unlawfully submitted fraudulent land claims to the Department. Subsequently, she approved the aforesaid land claim documents that were submitted. Further reports divulged that she amended the list and substituted the details of the claimants with those of her relatives including those of her domestic worker. None of the lawful beneficiaries of land claims received payments, but her relatives unduly received payments from land claims. Information about the matter was received hence the investigation by the Hawks which ensued.

The investigation revealed that the senior official intentionally and unlawfully edited the land claims by allegedly altering the banking details of the lawful beneficiaries to the bank accounts of her relatives and domestic worker. Further investigations divulged that several payments were made to the relatives rather than to the lawful beneficiaries thus prejudicing the Department cash to the value of more than R9.3m.  

A warrant of arrest was authorised against Lungela Malusi (46) and executed on 18 December 2024 at George. She appeared before East London Magistrates court for allegations of fraud. She is a relative to Funeka Malusi (56) a senior government official from the Department. She is the eighth suspect additional to the seven suspects that were already arrested by the Hawks.

She will be joining her co-accused Funeka Malusi (56) a senior government official, Chulumanco Malusi (25), Avukile Gxalo (54), Zoliswa Manditsa (47), Zoleka Mbinambina (55), Nokuthembela Hope Malgas (45) and Luvuyo Vika (54) who were arrested by the East London Serious Corruption Investigation (SCI) of the Hawks on 21 September 2024. All seven suspects appeared on 23 September 2024 where Funeka was released on R30 000-00 and the relatives on R10 000-00 bail each.  

Malusi made her first court appearances before court on 19 December 2024 and was released on R10 000-00 bail. The matter is remanded to 19 February 2025 to join her co-accused as the eighth accused.

CASE 15: MORE THAN R200M COUNTERFEIT GOODS INTERCEPTED

KWAZULU-NATAL: In September 2024, five containers from the Peoples Republic of China to Johannesburg via Durban Harbour, were stopped and inspected by Border Police. The samples from the container which included Nike, Adidas, Polo, Vans and Vicks brands, with the street value of approximately R212 765 959-00, were confirmed as fake. On 19 December 2024, the Hawks members from Durban Serious

Commercial Crime Investigation working together with Border Police and Brand Owners seized the said counterfeits goods in Durban container depot. No arrest has been made at this stage and investigation continues.

On 17 and 18 October 2024, the Johannesburg based Hawks' Serious Commercial Crime Investigation team arrested four Ethiopians Amir Hayder Abbaaoli (30), Arafat Ahmed (32), Abafita Ahmed (41) and Usman Ahmed (24) for illegal manufacturing of fake perfume worth R7m in a clandestine factory.  

In another matter, On 25 November 2024, the Serious Commercial Crime

Investigation of Nelspruit, in conjunction with SARS, arrested two Ethiopians Tohebo Dane Handiso (47) and Tamathi Girma (27) with fake items worth R10m including sneakers, cigarettes, body cream, hair pieces, cash amount of R446 891-00 and a fake ambulance.

On 14 November 2024, Rashid Fareed Mahfouz (66), a fake doctor, who illegally practised, again, as a medical doctor without being registered as prescribed by the Health Professions Act 56 of 1974, was convicted of fraud, forgery and illegal practising as a doctor and sentenced by Bellville Specialised Commercial Crimes Court.

In a separate matter of illicit activities, the Durban South African Narcotics Enforcement Bureau (SANEB), Serious Organised Crime Investigation of the DPCI, Kwa Zulu Natal opened an Inquiry docket on 28 November 2024 relating to illegal drugs from Brazil. On 12 December 2024, an operation was launched by SANEB, Visible Policing Durban, Crime Intelligence Gathering Counter Narcotics, and Provincial Tracing Team in Durban dealing in Cocaine in contravention of Section 5(b) of Drugs and Drug Trafficking Act 140 of 1992. A container carrying kidney beans was inspected and found to have eight (8) bags with 173 kg of cocaine worth street value of R77 850 000-00. The drugs were seized and the investigation is continuing.

The experience of fake liquor, cigarettes, doctors, ambulance, clothes, medicine, identity documents, and certificates is a wake-up call to say that we need authenticity.

This is exacerbated by the supply of illicit drugs.

 

SOUTH AFRICAN REVENUE SEVICE TAX RELATED CASES

Amongst the successes achieved in this quarter, is seventy-eight (78) of securing attendance in court and sixteen (16) convictions for tax related offences. I shall cite three (3) cases as examples of these successes. The sentences of the accused, who are a combination of natural persons and juristic persons, included orders of payment of a total amount of R14 947 391-11 to SARS. Currently the DPCI is investigating 738 cases on SARS related matters. Of these cases, 229 are pending at court, 266 under investigation while 243 were sent to the National Prosecuting Authority NPA) for decision.

CASE 16: A PORTUGUESE FRAUDSTER ARRESTED FOR TAX FRAUD

GAUTENG: Between 1 October 2012 and 31 October 2014, Casino Importers and

Exporters, submitted fraudulent VAT 201 returns to SARS, supported by fake invoices which resulted in actual prejudice to SARS in an amount of R20 319 777-73. The suspects then laundered the refunded amounts through numerous bank accounts.  

In December 2017, the SARS reported the case at Johannesburg Central police station for multiple counts of fraud and contravention of the Tax Administration Act. The case was referred to the Johannesburg based Hawks' Serious Commercial Crime Investigation for further investigations.

On 22 October 2024, the Hawks team secured the court attendance of Duston Bernard Haddon (38) by arrest and an entity Casino Importers and Exporters (Pty) Ltd in Johannesburg Specialised Commercial Crime Court sitting Palm Ridge

Magistrate’s Court. The duo are facing 138 counts made of 110 counts of money laundering, 26 counts of fraud, one court forgery and one count of uttering.

Haddon was released on a R30 000-00 bail and the case was remanded to 28 November 2024, pending further investigation and the tracing of the another suspect who is a Portuguese national, Augusto Manuel Carrera De Oliveira (59) who was the Director of the entity at the time. His warrant of arrest was issued on 05 May 2021 and he is still on the run. The case is now postponed to 20 February 2025.

CASE 17: A SERIAL BRIT FRAUDSTER ARRESTED FOR TAX FRAUD

GAUTENG: Between 2012 and 2024, Assistance Medicale Internationale CC registered as Value Added Tax (VAT) vendor. The corporation fraudulently claimed undue VAT refund in an amount of R62 154 363-53. The matter was investigated by the SARS and reported to the police in November 2024, which resulted in the Hawks’ Serious Commercial Crime Investigation, Johannesburg handling it.

On 7 November 2024, Andre Claude Dickouba-De-Diguela was arrested and charged with fourteen (14) counts of fraud, theft, contravention of the Income Tax Act 28 of 2011 and Prevention of Organised Crime Act 121 of 1998. The accused made a confession before magistrate and appeared at Johannesburg Specialised Commercial Crimes Court sitting at Palm Ridge on 11 November 2024 and further postponed to 20 February 2025 for application of bail.

CASE 18: FRAUD TARGETING SOUTH AFRICAN REVENUE SERVICE (SARS)

MPUMALANGA: During the 2013/2024 tax period, Smangaliso Innocent Khoza (40) with his life partner, Busisiwe Prudence Nkosi (39) and his brother, Sabelo Given Khumalo (38) claimed undue tax funds from the SARS for four (4) entities. The entities are Simangalesi Trading Enterprise CC, Madam and Eve General Trading CC, Khuzudumo Trading (Pty) Ltd and Ngcebo Empire Projects (Pty) Ltd where Khoza is the sole signatory of the bank accounts of these entities.

The tax refund amount of R990 297-75 for 2013 tax year was received on behalf of Simangalesi Trading Enterprises CC and Ngcebo Empire Projects (Pty). An amount of R986 686-12 for 2013 tax year was received on behalf of Madam and Eve General Trading CC. An amount of R955 307-56 and R990 297-75 were received on behalf of Khuzumdumo Trading (Pty) Ltd for 2013 tax year and R990 297-75 was received on behalf of Ngcebo Empire Projects (Pty) Ltd for 2014 tax year. SARS was prejudiced a total amount of R3 922 589-18. Various amounts were also transferred into the different entities, business bank accounts, and personal bank accounts in the process of laundering the proceeds of crime.

In 2017, a case was opened and the accused were later arrested by the Nelspruit based Hawks’ Serious Commercial Crime Investigation team after a thorough investigation.

 

On 8 November 2024, the Nelspruit Specialised Commercial Crimes Court convicted Khoza on five (5) counts of contravening the Tax Administration Act 28 of 2011 and seven (7) counts of money laundering in terms of Section 6(a) of the Prevention of Organised Crime Act 121 of 1998. He was sentenced to a fine ranging from R30 00000 to R100 000-00 that makes a total of R300 000-00 with an option of imprisonment ranging from 12 months to 60 months which makes a total of 17 years imprisonment.  He was further ordered to pay R2 534 680-72 to SARS. R300 000-00 fine was ordered to be paid immediately after the sentence.

The trial against Nkosi and Khumalo was postponed to 14 January 2025 and now it is postponed to 7 February 2025.

 

CASE 19: PRESIDENT OF SOUTH AFRICAN FOOTBALL ASSOCIATION

ARRESTED FOR FRAUD

GAUTENG: In October 2017, the President of the South African Football Association (SAFA) entered into an agreement with Trevor Neethling of Grit Communications for provision of Public Relations services in relation to the rape allegations that were directed at the person of the President for R1 115 300-00. Furthermore, in May 2018, the President entered into an agreement with Badger Security Services to conduct risk assessment and provide security for him during the 2018 elective Congress for R40 250-00. The Chief Financial Officer of SAFA, Grown Hluyo sanctioned the payment.

During December 2020, a case of fraud, conspiracy to commit fraud involving R1,3m was reported at Johannesburg Central police station. The matter was handed over to the Johannesburg Serious Commercial Crime Investigation of the DPCI.

During March 2024, a search warrant was executed at the offices of  SAFA, Nasrec, Johannesburg. On 6 November 2024, warrants of arrests were issued against the President, Dr Daniel Alexander Jordaan (73), Trevor Neethling (55), and Crown Hluyo (46). On 7 November 2024, the defence lawyers were informed to handover their clients.

On 13 November 2024, the trio handed themselves and were arrested and appeared before the Johannesburg Specialised Commercial together with juristic person Grit Communications. The accused faces charges of Conspiracy in contravention of the section 18 of the Riotous Assemblies Act 17 of 1956 and fraud alternatively theft. The case is postponed to 7 February 2025.  

CASE 20: ONE CONVICTED AND TWO ON TRIAL FOR LAUNDERING R86M

GAUTENG:  On 10 November 2016, Lindiwe Eunice Sibiya (60) who represented FNB entered into an agreement with Mbali Maseko (43), the Managing Director of Kumoja to assist in promoting consumer education. Sibiya was receiving undue gratification from Maseko via Teddy Maduna (49). She did not disclose that she is receiving money from the service provider. The money will move from Maseko and laundered via Maduna into the pocket of Sibiya.

A case was reported in July 2018 and assigned to the Johannesburg Serious Commercial Crime Investigation Unit of the DPCI. The trio were secured before court on 28 July 2019 and charged on 131 counts of corruption and money laundering to the value of R86 886 062-63.  

On 11 December 2024, Teddy Maduna pleaded guilty and was convicted by the Johannesburg Specialised Commercial Crime Court sitting at Palm Ridge on 22 counts of money laundering. He was sentenced to one year imprisonment or R30 00000 fine and further three years imprisonment which is wholly suspended.

The case against Sibiya and Maseko who faces charges of one (1) count of corruption, twenty (22) counts of money laundering is postponed to 22 April 2025 for trial.

 

CORONA VIRUS (COVID-19) AND RELATED RELIEF FUND

Those who stole from the COVID-19 relief funds shall serve as living proof that crime does not pay. As on 31 December 2024, 64 cases were pending on the court roll while 27 convictions were already achieved. I shall cite one (1) case in this regard.  

CASE 21: FRAUDSTER IN COURT FOR TERS GHOST EMPLOYEES FRAUD

FREE STATE: During the Covid-19 era, Marinda Johanna Smith (57) applied for Temporary Employee Relief Scheme (TERS) with the Department of Employment and Labour (DEL) on behalf of 28 employees of MJ Upholstery Free State (Pty) Ltd. She received over R537 000-00. The Specialised Investigating Unit (SIU) discovered that none of the employees appearing on the application worked for the company.

The matter was handed over to the Hawks' Serious Commercial Crime Investigation (SCCI), which culminated in a warrant for her arrest being authorised by the magistrate. She was arrested on 13 December 2024 on allegations of fraud and money laundering and appeared in the Bloemfontein Magistrates Court, where she was released on R5 000-00 bail. The case is postponed to 10 March 2025 at Bloemfontein Regional Court.

This is the mostly used kind of modus operandi. In a separate case, the Afrikhan Source (Pty) Ltd, of Phuthaditjhaba, Free State, as directed by Lehlohonolo Class Motaung and Tlotliso Molaba applied for COVID-19 TERS online during the period of 1 March 2020 and October 2020 on behalf of 44 individuals who were alleged to be affected by the COVID -19 pandemic. The investigation revealed that the said persons never worked for this company. The Unemployment Insurance Fund (UIF) made nine (9) different payments to the total amount of R1 396 053-40 to Afrikhan Source  for the period between 02 September 2020 and 31 December 2020 to the prejudice of DEL.

A case docket was registered and handed over to the Serious Commercial Crime Unit Bloemfontein for further investigation. Six (6) accused were secured in court on 26 April 2024. Lelokonyane Isak Letseng (44) who was also involved in similar scam with his spouse in Bophelo Botle Solutions (Pty) Ltd and Izuz Gibbor (Pty) Ltd was convicted and sentenced on 10 September 2024 [case 24 of the second quarter]. The remaining five accused were convicted and sentenced on 11 December 2024. Lehlohonolo Class Motaung (38) is sentenced to a fine of R300 000-00 or 6 years imprisonment on 11 counts of fraud, 8 years imprisonment for 8 counts of fraud, which is wholly suspended; and 7 years imprisonment on 20 counts of money laundering which is wholly suspended.  Tlotliso Molaba (38) is sentenced to a fine of R300 00000 or 6 years imprisonment on 11 counts of fraud, 7 years imprisonment for 6 counts of fraud, which is wholly suspended, and 8 years imprisonment on 14 counts of money laundering, which two are wholly suspended. Middlesite Connections (Pty) Ltd is sentenced to a fine of R1 000 000-00 on 11 counts of fraud and R1 000 000-00 for 12 counts of money laundering which is wholly suspended. Afrikhan Source (Pty) Ltd is sentenced to a fine of R1 000 000-00 on 8 counts of fraud and R1 000 000-00 for 8 counts of money laundering which are wholly suspended. Pula Nala Media (Pty) Ltd is sentenced to a fine of R1 000 000-00 on 6 counts of fraud and R1 000 000-00 for 6 counts of money laundering which are wholly suspended.  

CASE 22:   FIFTEEN (15) SUSPECTS ARRESTED FOR R157 MILLION FRAUD

GAUTENG: Between June 2018 and February 2023, Nicolette De Villiers, who was employed by Nedbank allegedly made payments from Nedbank suspense accounts valued at over R157 294 287-47 by transferring same in varying amounts of between R50 000 and R20m, to recipients who were  not entitled to receive such monies. These transactions involved forty-five different bank accounts that were held by twenty-three (23) individuals and seven (7) entities that were transacted in Absa Bank, Capitec Bank, Discovery Bank, First National Bank, Nedbank and Standard Bank.

On 29 October 2024, fourteen (14) suspects were arrested by the Gauteng Serious Commercial Crime Investigation of the DPCI in Pretoria, Johannesburg and Ekurhuleni on allegations of fraud and money laundering. They made their first appearance in the Specialised Commercial Crimes Court sitting in the Palm Ridge Magistrates court on 30 October 2024. The fifteenth suspect was arrested on 12 November 2024.

The names of the accused are Nicollette de Villiers (38) former Nedbank employee, Keitumetse Mathimbi (39), Samantha Lee (40), Jacobus Nel (39), Miquite Nel (39),Dillin Hoffman (33), Jacobus Joubert (29), Michelle Buys (36), Mariska O'Connor (41), Andy O'Connor (47), Yu-Wei Fang (51), Leane Botha (25), Christiaan Venter (39), Segametsi Songwana (37), and Sarel La Cante (37).

The accused who are all on bail ranging from R5 000-00 to R20 0000-00 will appear again on 26 March 2025 for instructions. The concerted efforts by the investigation team, prosecutors and specialists had ensured speedy finalization of the investigation and securing the attendance of the accused in court. This is one of the complex, high value serious commercial crime that exhibits the elements of bank officials as professional money laundering enablers.

On 29 November 2024, a provisional restraint order was granted by Gauteng Local Division of the High Court for the assets of the 15 individuals. The assets have now been attached. Crime does not pay.

CASE 23: TRIO ARRESTED FOR TRANSNET GROUP CAPITAL (TGC) FRAUD  

GAUTENG: Between May to August 2015, Transnet Group Capital (TGC) awarded a contract to IGS Consulting Engineering Close Corporation for the maintenance and upgrading of the high pressured pipe infrastructure that transported different fuel products from Durban to Gauteng under a project called New Multi Product Pipeline (NMPP). The investigation was initiated by the Special Investigating Unit (SIU) which dates back to 2020 relating to irregularities of five contracts worth over R160m. After identifying criminal activity, the investigation was handed over to the Hawks and a case opened in June 2020 at Sandton police station.

Hawks’ Serious Commercial Crime Investigation in Johannesburg conducted criminal investigation, which revealed that Phumlani Kubheka who was the project manager at the time was aware of the irregularities in the appointment of IGS Consulting Engineering Close Corporation as well as that of IGS Turnmill joint venture. However despite his knowledge of all these, he allowed the appointments which resulted in fruitless and wasteful expenditure in return for getting undue gratification.

On 21 October 2024, Linyenga Makainene Herbert Msagala (48) who was the Chief Executive Officer (CEO) at Transnet handed himself to the Hawks’ Serious Commercial Crime Investigation in Johannesburg where he was arrested and subsequently released on R60 000-00 bail by the Johannesburg Specialised Commercial Crimes Court sitting at Palm Ridge.

On 29 October 2024, Phumlani Kubheka (52) handed himself to the Hawks team where she was arrested and appeared before the same court for theft, fraud, corruption and money laundering. She was granted bail of R20 000-00.

On 18 November 2024, Sipho Victor Sithole (58), was arrested at Gauteng Local Division of the High Court where he was defending the forfeiture process of his house by SIU. He appeared in court and the matter was postponed to 20 November 2024 for bail application, which was denied. The matter is postponed to 12 February 2025 at Johannesburg Specialised Commercial Crimes Court.  

CASE 24: TRIO IN COURT FOR R25 MILLION TENDER FRAUD

FREE STATE: In June 2022, the Hawks Serious Corruption Investigation in Bloemfontein received a tip-off about allegations of fraud and corruption committed by the Supply Chain practitioner at the Free State Department of Health, Matlakala Amelia Lesabane (48). It was alleged that a tender for supply and delivery of laundry chemicals, installation, maintenance of automatic dosing pump system to various laundries in the Free State, was advertised and that the Supply Chain practitioner at the time, demanded a gratification amount of R150 000-00 for three separate tenders from LKW bidder who was awarded the tender. On refusing to pay the demanded amount, the tender was awarded to Teebros (Pty) Ltd owned by Obakeng Sobbrey Teele (38. The practitioner ordered the LKW to return the confirmation letter for supplying of dosing pumps.

The matter was reported to the Department of Health authorities and an internal investigation was conducted. It was discovered that Lesabane awarded the same tender and gave a similar LKW confirmation letter to Teele. The LKW director confirmed that the confirmation letter was allegedly fraudulent, stating that Teele's company was never their client and the signature endorsed on the letter does not belong to LKW.

The matter was referred to the Hawks Serious Corruption Investigation in Bloemfontein for further investigation that led to issuing of warrants of arrest by the Bloemfontein Magistrate.

On 9 December 2024, Lesabane and Teele handed themselves over to Hawks' Serious Corruption Investigation in Bloemontein and appeared before the Bloemfontein Magistrates Court on allegations of fraud, forgery and uttering. Teebros (Pty) Ltd is also charged. Lesabane was released on R2 000-00 bail, whereas Teele was released on R3 000-00 bail. Their matter is remanded to 12 February 2025 for transfer of case to the Bloemfontein Regional Court.

 

LEGAL PRACTITIONERS

As indicated before, legal practitioners are officers of court whose profession is that 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 Practice 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 one (1) case in this regard.

CASE 25: ATTORNEY ARRESTED FOR ROAD ACCIDENT FUND (RAF) FRAUD

GAUTENG: In August 2019, a case of fraudulent claim from the Road Accident Fund

(RAF) was reported at Pretoria-North police station by the Legal Practitioners Fidelity Fund (LPFF). It was alleged that Michael Senotse Mabunda (42), who was an attorney, lodged claims with the RAF on behalf of his fourteen (14) clients. The RAF paid an amount of R10 562 173-21 into his trust account. However, the funds were not transferred to his clients, resulting in significant financial losses.

The Hawks' Serious Commercial Crime Investigation conducted the investigation, which resulted in securing the attendance of Mabunda in court by way of summons. He made his first appearance in the Pretoria Specialised Commercial Crimes Court on 15 October 2024. The case was postponed to 26 November 2024 and it is now postponed to 21 February 2025.

 

CORRUPTION

Corruption continue to pose a challenge in the country and the Directorate shall respond without fear, favour of prejudice. I shall cite two (2) cases in this regard.

CASE 26: MAJOR GENERAL (R)(ADV) PHEFO SENTENCED TO TEN YEARS

NORTHERN CAPE: In August 2017, an applicant applied and shortlisted for a Brigadier’s post in Legal Services, Northern Cape. During the assessment, she was approached by the convict, 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 who was appointed as a Brigadier 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, he was convicted by the Kimberley Regional court, for contravention of the Prevention and Combating of Corrupt Activities Act (PRECCAA). Part of the evidence tendered was an analysis of communications emanating from our Priority Crime Management Center (PCMC).

The case was postponed to the 18 October 2024 for sentencing. After conviction, bail was not extended and the convict was remanded in custody. The convict applied for bail pending sentence which was heard on 23 September 2024, where a judgement was set for 30 September 2024. The application failed. On 18 October 2024, Phefo was sentenced to ten (10) years imprisonment of which two years is suspended. On 13 December 2024, his application for leave to appeal against conviction and sentence was refused by court. Corruption is a risky undertaking.

CASE 27: MOTSWANA POLICE OFFICIAL ARRESTED FOR CORRUPTION

NORTH WEST: On 15 November 2024, members from the Criminal and Illicit Economic Activities Division of the South African Revenue Service (SARS) received information that a truck will be entering the Skilpadshek Border Post from Namibia with illicit cigarettes. Positively, a white Volvo truck with two trailers arrived. The driver, Uavangua Turipuani Tjikunda (35) a Namibian who was alone, declared to the Customs officials that he had no cargo to declare. Upon inspection, SARS found 288 master cases of Remington Gold blue cigarettes to the value of R1 338 048-00, packed inside the second trailer. The cigarettes were found to be illicit as the production, export, import, sales or possession of tobacco goods failed to comply with legislation. The driver could not present any supporting documentation for the cigarettes.

Members from Serious Commercial Crime Investigation, Mahikeng took over the scene. The driver was arrested for contraventions of the Customs and Excise Act 91 of 1964. The truck, trailers and cigarettes were handed over to SARS Customs for safeguarding.

On 20 November 2024, the investigation team learnt that there is an intention to corrupt some officials to release the exhibits. An undercover investigation methodology as provided for in terms of Section 252A of the Criminal Procedure Act 51 of 1977 was deployed. On 25 November 2024, the Hawks members from Serious Corruption Investigation and Serious Organised Crime Investigation Mahikeng arrested Sub-Inspector Mompoloki Okocha Boitshoko (42), a police official attached to Botswana Police after paying R104 400-00 to a SARS official who was part of the investigation team. The accused appeared in court and was remanded in custody. He was granted R20 000-00 bail on 5 December 2024 and the case is postponed to 7 February 2025 for further investigation.  

CASE 28: TWO CONVICTS SENTENCED IN VENDA BUILDING SOCIETY (VBS) HEIST RELATING TO FETAKGOMO-TUBATSE LOCAL MUNICIPALITY AND COLLINS CHABANE MUNICIPALITY

GAUTENG: Between 15 November 2016 and 19 February 2018, Fetakgomo-Tubatse Local Municipality deposited an amount of R230m in VBS in contravention of Section 173(1) of the Municipal Finance Management Act 56 of 2003. On the 16 November 2021, Tumelo Ratau (42) who was the Chief Financial Officer, Mr Mohlala who was a

Municipal Manager and Mr Keaobaka Remigious  Kgatitsoe, a businessperson were arrested, charged and appeared at Pretoria Specialised Commercial Crimes Court on 17 November 2021 where bail was ultimately granted. On 12 July 2022, Kgatitsoe was sentenced to five (5) years imprisonment, which was wholly suspended for five years by the Gauteng Division of the High Court, sitting in Pretoria.  

On 6 November 2024, Johannes Mohlala (60) who pleaded guilty in terms of section 105A of the Criminal Procedure Act 51 of 1977 for contravention of the Municipal Finance Management Act 56 of 2003. He was summarily convicted and sentenced by the Gauteng Division of the High Court sitting in Pretoria to five (5) years imprisonment which is holy suspended for 5 years on condition that he does not commit similar crime and that he pay back R100 000-00 to the Curator of VBS.

Ratau did not attend court and a warrant of arrest was issued. On 12 November 2024, he handed himself over at Gauteng Division of the High Court sitting in Pretoria. A hearing was held on 12 to 13 November 2024 for his bail. On 13 November 2024 the court ruled that his R50 000-00 bail be forfeited to the state and he be kept in custody until the end of his trial. The case was remanded to 2 December 2024 for his legal representative to confirm his instructions. On 2 December 2024, Ratau indicated that he has a mental issue and the case was postponed to 28 January 2025 and now 6 March 2025 for the defence to consider medical records of the accused.                

In a separate matter of that occurred in LIMPOPO; On 5 May 2022, Eadie Makamu, the former Chief Financial Officer (CFO) of Collins Chabane Municipality was arrested and joined his co-accused, Ms Tsakani Charlotte Ngobeni, the Municipal Manager.

The allegations is based on the illegal investment of R120m of municipality’s funds with VBS Mutual Bank. These funds of R123 984 685-00, which includes interest has never been recovered by the municipality.

The matter was investigated by the Serious Corruption Investigation of the DPCI which revealed that some of the funds were used to pay brokerage commissions to individuals and entities in a scheme designed to attract more deposits from municipalities.

On 27 November 2024, the Gauteng High Court found Makamu guilty of contravening Section 173(1) of the Municipal Finance Management Act (MFMA) of 2003. He was sentenced to five years imprisonment, wholly suspended. As part of the sentence, he has been ordered to pay R150 000-00 to the VBS Liquidator, a measure intended to benefit those who lost their investments due to the bank's collapse. Of this amount, R60 000-00 had to be paid must be paid on 27 November 2024, and the balance will be settled in five monthly instalments of R18 000-00 each. The case against Ngobeni is postponed to 5 to 6 May 2025 for setting of trial date.

May I remind the viewers and listerns that a total number of thirty-five (35) VBS arrests have been effected with a total of six (6) convictions already secured. We are still working on the remaining forty-three (43) from the seventy-six (76) suspects, some of whom were not identified during the initial Advocate Motau’s enquiry. So far, 5 455 statements have been recorded by the investigation team. Investigations are continuing and some have reached decision stage.  

THE PRIORITY CRIME SPECIALSED INVESTIGATION (PCSI)  

The work of the PCSI contributes to CARA funds. I cite two (2) examples in this regard.

CASE 29: R10M PROCEEDS OF ILLEGAL MINING FORFEITED TO THE STATE  

FREE STATE:  On 24 November 2023, three suspects, Progress Bayeni Mlambo (42), Leornard Moyo (46) and Mozambican, Kocanai Sithole (26) were arrested by a team comprising of Welkom based Hawks’ Serious Organised Crime Investigation, Hawks’ Head Office Precious Metals & Diamonds (PMD) team, Public Order Police, and Protea Coin Security.  During the arrest, sixteen (16) nuggets of unwrought gold worth R4 579 800-00, R 5 510 772-00 in cash and four vehicles were seized. The suspects appeared several times before the magistrate in Parys for contravention of the Precious Metals Act 37 of 2005. Mlambo and Moyo are out on bail while Sithole is remanded in custody. The criminal case is remanded to 21 July 2025 until 8 August 2025 for trial at the Free State Division of the High Court sitting at Sasolburg.

The Asset Forfeiture Investigation (AFI) Unit of the Priority Crime Specialised Investigation (PSCI) of the Hawks investigated the legality of the assets including the cash and gold in collaboration with the Assets Forfeiture Unit (AFU) of the National Prosecuting Authority. On 10 October 2024, the Free State High Court, sitting in Bloemfontein, issued a forfeiture order for R5 510 772-00 cash, nine (9) nuggets of gold worth R4 578 200-00, and one Toyota FJ Cruiser 4X4 whose value is to be determined. The total value of the assets exceeded R10 188 972-00. Crime does not pay.

CASE 30: UNEXPLAINED CASH OF DEPARTMENT OF PUBLIC WORKS AND INFRASTRUCTURE OFFICIAL FORFEITED TO THE STATE

NORTHERN CAPE: On 16 November 2023, Bradley Slingers who was the Chief Financial Officer in the Department of Roads and Public Works, Northern Cape was stopped at the roadblock by the police. In his possession, an amount of R879 200-00   cash was found. He was unable to give a satisfactory explanation of such possession and source thereof.

The matter was handed over to the Priority Crime Specialised Investigation (PCSI) of the Hawks for investigation. PCSI in collaboration with the Asset Forfeiture Unit presented the matter before the Northern Cape Division of the High Court sitting in Kimberly. On 7 November 2024, the court, granted a forfeiture order against Slingers.

CONCLUSION

May I mention that the case that was relating to the former National Commissioner of

Police and later Minister Cele, which was investigated and prosecution declined by the Prosecutor in 2017 and another part in 2020, was reopened in 2024, based on representation to ID, which referred the matter to the DPCI. The NPA has again confirmed its previous decision and declined to prosecute. As I conclude, let me indicate that this statement is my penultimate 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.