Lieutenant General Godfrey Lebeya: Hawks 2023/2024 achievements

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 4th quarter of 2023/2024. The DPCI remains committed to its mandate of investigating, preventing, and combating national priority offences.

The DPCI has made significant inroads in apprehending individuals involved in high profile cases, thus ensuring accountability and justice for the victims. These arrests have targeted persons involved in the commission of national priority offences including serious corruption, serious organised crime, serious commercial crime, fraud, money laundering, police killings, cash-in-transit robberies, illegal mining, damage to essential infrastructure, theft of fuel from the pipelines, drug trafficking, trafficking in persons and trafficking in endangered species.

A total number of five hundred and forty-seven (547) suspects representing five hundred and twenty-six (526) natural persons and twenty-one (21) juristic persons were secured before the various courts in the country. Of these natural persons, four hundred and twenty-one (421), which is 80% are South Africans while one hundred and five (105), which is 20% are foreign nationals. Fraud contributed the highest number of arrests with two hundred and twenty-four (224) accused including twenty one (21) juristic persons. Gauteng province contributed more arrests followed by North West province.

A total number of one hundred and eighty-two (182) convictions including seven (7) juristic persons were secured with eighty-four (84) convictions emanating from Serious Organised Crime, sixty-one (61) from Serious Commercial Crime and thirty-seven (37) from Serious Corruption. Of these convicts, one hundred and twenty (120) are South Africans, while fifty-five (55) which represent 30% are foreign nationals. The top convicted foreign nationals were Zimbabwean with eleven (11) Basotho and Mozambican nationals representing a total number of nine (9) accused persons each.

The top two provinces that contributed a high number of convictions are Gauteng with a total number of thirty-two (32) and the North West with thirty-one (31). During this period, seven hundred and thirty-six (736) firearms, one thousand one hundred and fifty-nine (1 159) ammunition and sixty-nine (69) explosives were seized. In this briefing, I shall reflect 29 cases, which is 4% of the 817 successes for arrests (547), convictions (182) and assets court orders (88).

Police killings:

Dear South Africans, an attack on a police official, is an attack on the State. Police officers are a protective layer ensuring that law abiding people are protected against criminals. While Twenty-two (22) police officials, (17) off duty, (5) on duty, were murdered during the 4 th quarter, we responded and effected eighteen (18) arrests. Furthermore, eight (8) accused have been sentenced, five (5) of whom were given life imprisonment sentences. I shall make an allusion to three cases.

Case 1: Four men in custody for killing HAWKS police officer
Gauteng: On 6 January 2024, Lieutenant Colonel Sikhetho Samuel Mawila (63), who was attached to the Durban Hawks’ Truth and Reconciliation Commission’s (TRC) Investigation team left his place of residence in Tsakane, travelling in his private vehicle to Durban where he works. The officer informed his family before embarking on the journey that he would pass by a filling station in Heidelberg to fill up (petrol) before making his way to Durban. When the family were unable to reach him on his cellphones, they reported him as missing.

On 8 January 2024, information was received by the police about a body that was found by a passer-by in an open field in Tsakane Extension 19. On arrival at the scene, the police found the body of this senior officer with head injuries, gunshot and stab wounds.

In the early hours of 17 January 2024, four suspects, two South Africans and two Mozambicans who are Andile Modiba (44), Bongani Malinga (39), Louis Mondlane (25) and Gilda Matsinhe (23) were arrested in Tsakane by the Germiston based Hawks’ Serious Organised Crime Investigation team with the assistance of the Ekurhuleni Metro Police Speed Traffic Team (STT) and Gauteng Traffic Specialised Law Enforcement Unit (SLEU). A cellphone and laptop belonging to the deceased, pistol with live ammunition, car jack, wallet, pair of running shoes, suitcase, keys, cooler box and knife were seized.

The vehicle belonging to the deceased was found burnt. The suspects, who are now accused, made their first appearance at the Tsakane Magistrate Court on 19 January 2024 and 10 June 2024. The matter is remanded to 24 August 2024 for further investigation.

Case 2: Police Killer To Serve Life Plus 50 Years Imprisonment
Limpopo: In November 2020, Nyadzani Morgan Mavhuso (23) was detained at Mutale police cells for rape and kidnapping case when he attacked Warrant Officer Mbulaheni Mulanduli (61). He stabbed the member and robbed him of the keys to the prison cells and a safe. He further stole the money from the safe and escaped. The slain police officer’s body was later found by his colleagues. A case of murder was then opened for investigation by the Thohoyandou based Hawks’ Serious Organised Crime Investigation. After two days of intensive investigation, Mavhuso was arrested whereafter his bail application was successfully opposed.

On 15 March 2024, the Limpopo High Court sitting in Thohoyandou sentenced Mavhuso to life imprisonment for murder, 15 years imprisonment for robbery, 15 years imprisonment for rape, five (5) years imprisonment for kidnapping, three (3) years imprisonment for contravention of the Protection Order, five (5) years imprisonment for escaping from lawful custody and seven (7) years imprisonment for housebreaking. The 50 years imprisonment sentences will run concurrently with the life imprisonment.

Case 3: Police killers share two life plus 70 years imprisonment

Free State: On 10 May 2022, a group of suspects went to a supermarket in Wepener where they took cash, beverages and cigarettes at gunpoint before fleeing the scene on foot. Police in Wepener were informed of the robbery and went in search of the suspects where a shootout ensued.

Constable Kananelo Mokgothu (22) was shot multiple times and succumbed at the scene. His colleague was shot and injured. A case of murder, attempted murder and robbery with aggravating circumstances was registered and handed over to the Bloemfontein based Hawks’ Serious Organised Crime Investigation team. The suspects, Wendy Susanne Jacobs (43) was arrested on 10 May 2022, Colesele William Ndalose (40) arrested on 17 May 2022 and Moeketsi Edward Koto (32) arrested on 03 August 2022.

On 3 October 2023, Jacobs pleaded guilty before the Free State High Court sitting at Bloemfontein where she was sentenced to 10 years imprisonment for robbery with
aggravating circumstances.

The trial against Ndalose and Koto continued until 15 March 2024 where they were each convicted and sentenced to life imprisonment for murder, 10 years imprisonment for attempted murder, 10 years imprisonment for robbery with aggravating circumstances, and 10 years imprisonment for robbery of firearms. The accused will serve life imprisonment since all sentences will run concurrently.

Cash-In-Transit Robbery (CIT):

Cash-in transit heists continue to be a thorn in our country. The DPCI in collaboration with private organisations continues to strengthen the fight against these crimes. The CIT robbers are ruthless and do not care about the lives of bystanders. For this quarter, fifty-one (51) cases were reported, twenty (20) arrests were effected and fifteen (15) convictions were secured. I shall allude to three of these cases.

Case 4: Two life plus 216 years imprisonment for CIT robbers

Eastern Cape: On 25 March 2022, a G4S vehicle was robbed at gunpoint in Centane where a bystander was also killed. Centane Visible Policing apprehended the suspects after a shootout with the robbers. The East London based Hawks’ Serious Organised Crime Investigation conducted an extensive probe linking the accused to multiple cash-in-transit armed robberies.

On 19 February 2024, the Eastern Cape High Court division sitting at Makhanda sentenced Lwando Ntiyantiya (36) and Nkosekhaya Lloyd (38) for four counts of robbery with aggravating circumstances, murder, three counts of attempted murder, three counts of unlawful possession of a firearm, and unlawful possession of ammunition.

The duo, were each sentenced to life imprisonment for murder, 15 years imprisonment for four counts of robbery with aggravating circumstances each, five (5) years imprisonment for three counts of attempted murder each, 10 years imprisonment for three counts of unlawful possession of a firearm each, and three (3) years imprisonment for unlawful possession of ammunition. They share a combined period of two life imprisonment and 216 years imprisonment in an equal ratio. While 30 years runs consecutively, the rest of the sentences runs concurrently with the life imprisonment sentence.

Case 5: Robbers and a soldier to share 46 years imprisonment
Western Cape: On 19 July 2021, a cross-pavement robbery occurred at BP Atlantic garage in Oudtshoorn where a security guard of Fidelity Cash Solutions was robbed by suspects. The suspects fled the scene using a metallic blue Nissan Sentra, which was later spotted on the Outeniqua Pass by members of the Hawks’ Serious Organised Crime Investigation. The three male occupants, Masixole Dolomba (30), Simphiwe Matwa (44), Lwandiso Lento (37) were arrested and the stolen money, the security guard’s firearm and the firearm used to commit robbery were seized.

During the investigation, a South African National Defence Force (SANDF) uniform was also found inside the suspects’ vehicle. It was established that it belonged to Captain Sakhele Nkabi of the SANDF. Investigation revealed that Nkabi played an active role in the actual robbery. On 23 July 2021, Nkabi was arrested by the Hawks in collaboration with Outeniqua K9.

On 23 February 2024, the Oudtshoorn Regional Court sentenced Dolomba, Matwa, Lento and Nkabi for robbery with aggravating circumstances. Matwa and Nkabi were sentenced to 13 years imprisonment each whereas Lento and Dolomba were sentenced to 10 years imprisonment each, making a collective 46 years imprisonment.

Case 6: Two Cash-In-Transit robbers convicted
Free State: On 4 September 2020, Ignatious Sibusiso Mashinini (42) and Sello Lucky Serumula (43) rammed into an armoured cash-in-transit van in Bloemfontein where they stole firearms belonging to security personnel and used explosives to blast open a safe. The members of the Tactical Response Team (TRT) and Mangaung Metro Task Team reacted in a lightning speed and gave chase. They cornered the getaway vehicle following a heavy exchange of fire. Serumula was arrested and cash, firearms including those of high calibre, ammunition, as well as explosives were recovered. The investigation uncovered the involvement in a spate of hijackings and theft of motor vehicles in Gauteng where the vehicles were used during cash-in-transit robberies.

A middle finger, which was lost during a shootout with police, was later confirmed as that of Mashinini. On 13 November 2020, he was positively linked to the robbery and traced to Benoni where he was hiding without his finger. On 29 January 2024, Mashinini and Serumula were found guilty of robbery, attempted murder, theft of motor vehicle, illegal possession of firearms and ammunition by the Free State High Court sitting in Bloemfontein. The sentencing was postponed pending the application for recusal of the judge brought by Serumula. Case is postponed to 19 July 2024.

Drugs:

Through meticulous investigation and collaboration with other law enforcement agencies, the DPCI is successfully disrupting criminal networks operating in the country. Drugs valued at forty-seven million, two hundred and twenty-four thousand, two hundred and thirty-one rands, twenty cents (R47 224 231-20) were seized with total number of sixty-eight (68) suspects arrested of which forty-two (42) which is 61,76% are South African nationals and twenty-five (25) which is 36.76% are foreign nationals.

Five (5) drug laboratories were dismantled with the total value of twenty seven million, nine hundred and seventy thousand, one hundred and eighty rands (R27 970 180-00) and a total number of fifteen (15) suspects arrested. It is therefore imperative to educate our communities to stop the demand of drugs whilst law enforcements stop the supply. I shall cite two cases as examples.

Case 7: Nine suspects arrested for a clandestine drug lab

Gauteng: On 12 February 2024, members of the Germiston based Hawks’ Serious Organised Crime Investigation team conducted a search at a dilapidated factory at Pulley Street, Boltonia, Krugersdorp West where they discovered a super clandestine drug laboratory with large quantities of an assortment of methamphetamine producing chemicals.

Nine (9) suspects who are seven Malawians and two South Africans, namely, Isaac Kabonga (30), Mapopa Mkandilire (30), Mavuto Luhana (30), Christopher Nkayha (26), Gift Lasanja (30), Sibusiso Nene (56), Konofane Lusiniso (29), Favour Phili (19) and Missi Myegha (18) and were arrested. They appeared in the Krugersdorp Magistrates’ Court where they face charges of manufacturing illicit drugs. The matter was postponed to 14 June 2024 for formal bail application, which was successfully opposed. The case is postponed to 27 September 2024 for further investigation.

Case 8: Appelant drug dealer receives 15 years imprisonment

KwaZulu-Natal: During July 2016, Themba Maxwell Maphumulo (36) was arrested by the Pietermaritzburg based Hawks’ Serious Organised Crime Investigation for possession of heroin straws as well as pieces of crack cocaine. He appeared several times in court. In 2018, he was sentenced to seven (7) years imprisonment.

He appealed his sentence, but his appeal was dismissed. However, he never surrendered himself to serve his sentence. In January 2020, Maphumulo was found in possession of mandrax tablets and arrested for dealing in drugs under project Dragoness. In February 2020, a warrant of arrest was executed for him to serve his seven (7) year sentence. He attended court for January matter whilst in correctional services facility.

On 23 February 2024, Maphumulo was convicted and respectively sentenced to six (6) and two (2) years imprisonment for two counts of dealing in mandrax. The two sentences are to run concurrently. Over and above his seven (7) year sentence that he is already serving, he will serve effective six (6) years imprisonment for two counts of dealing in drugs which are to run consecutively with seven years. He shall therefore serve thirteen (13) years imprisonment.
Illegal Mining:

A total number of 39 (15 South Africans and 24 Foreigners) suspects were arrested while 36 (9 South Africans and 27 Foreigners) were convicted, for minerals related offences in the period under review. I shall cite three examples.

Case 9: Former mine employee to serve 17 years imprisonment

Limpopo: On 23 January 2015, a former mine employee, Donald Jeffrey Maluleke (42) was arrested by the Amandabult Mine Protection Services guards for possession of the platinum group metals. The case docket was assigned to the Polokwane based Hawks’ Serious Organised Crime Investigation.

He was charged with possession of stolen property and he appeared in the Thabazimbi Magistrates Court where he was released on bail. He absconded and a warrant for his arrest was issued. He was re-arrested in November 2022 where his trial resumed. On 27 February 2024, the Thabazimbi Regional Court convicted and sentenced Maluleke to seventeen (17) years imprisonment.

Case 10: Foreign national arrested with gold worth R1.5 million

North West: On 21 March 2024, the Klerksdorp based Hawks’ Serious Organised Crime Investigation team were alerted about a foreign national who was apprehended by security guards for unlawful possession of gold. A Mozambican, Eduardo Manjane (45) was searched by security guards while leaving Kopanong Mine and was found in possession of 10 pieces of gold with an estimated street value of R1.5 million.

Manjane was charged with unlawful possession of gold and appeared in the Viljoenskroon Magistrates Court on 22 March 2024. The case was postponed to 20 June 2024 for further investigation and is postponed again to 18 July 2024 for forensic results.

Case 11: Accused sentenced to 12 years for theft from a mine
Gauteng: Siphokazi Blondie Shenxani (43) was arrested by the Asset Protection Services guards on 14 February 2023 at a mine in Carletonville after she was found in possession of seven kilograms of amalgam (GBM) valued at more than R1.7 million. She was charged with theft and unlawful possession of precious metals. On 15 January 2024, Shenxani appeared in the Carletonville Regional Court where she pleaded guilty and sentenced to 12 years imprisonment.

Fraud and Corruption
While fraud and corruption are negatively affecting the economy, the DPCI is adamant in ensuring that fraudsters and corrupt persons are brought to justice. I shall cite eight (8) cases in this regard.

Case 12: Three arrested for over r148 million VBS corruption

Limpopo: During the year 2017, two people invested a total of R148 656 282-00 into VBS Mutual Bank. Large sums were paid to VBS affiliated companies as so-called “commissions”. Some of the money was laundered through several bank accounts. A total amount of R87 600-00 was paid from the business to an official over a period of time as gratification which was a great loss to the Giyani Municipality.

Three accused aged between 33 and 64 were arrested on 5 March 2024 during an early morning raid by the Hawks’ Serious Corruption Investigation team. The former Chief Financial Officer and acting Municipal Manager for the Greater Giyani Local Municipality, Risimati Hitler Maluleke (64) was arrested in Lulekani on charges of contravention of Municipal Finance Management Act (MFMA), corruption and money laundering. A former Manager Budget and Acting Chief Financial Officer, Nditshedzeni Mashau (42) who is currently the Chief Financial Officer of Giyani was arrested in Giyani for charges of flaunting the Municipal Finance Management Act (MFMA). A businessman, Zwivhuya Goodness Thishonge (33) was arrested in Muhuya village, Thohoyandou on allegations of money laundering. The trio appeared in the Giyani Magistrates Court on 6 March 2024 for their first appearance and bail application. Maluleke was granted bail of R25 000, Mashau and Thishonge were granted R20 000 bail each.

The case is remanded to the Polokwane Specialised Commercial Crimes Court on 4 July 2024 for pre-trial conference. May I remind the viewers that a total number of 33 VBS arrests have been effected with a total of three already convicted. We are still working on the remaining fortythree (43) from the seventy-six (76) suspects, some of whom were not identified during the initial Advocate Motau’s enquiry. So far, 2 907 statements have been recorded by the investigation team and investigations are continuing.

Case 13: Arrest executed in steinhoff matter

Pretoria: The former Chief Executive Officer, Markus Jooste is alleged to have inflated Steinhoff UK’s operating profit by about R5.5 billion. In December 2016, Jooste allegedly created or caused transactions to be created, which had no economic substance. In December 2017, he resigned after he earned 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 Directorate for Priority Crime Investigation (DPCI) and the National Prosecuting Authority (NPA) secured arrest warrants for Jooste and Stephanus Johannes Grobler. The allegations against the duo include fraud, a pattern of racketeering activities and contravention of FMA.

The exit routes were secured before the message of securing their attendance in court was shared with the defence to ensure that none of the suspects leave the borders. 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 and the case was postponed to 25 March 2024 for bail judgement. He was granted R150 000-00 bail and the matter was further postponed to 26 June 2024. For completeness, on 26 June 2024, the former Chief Financial Officer of Steinhoff, Andries Benjamin La Grange handed himself over to the Hawks and was arrested. He appeared at the Specialised Commercial Crime Court where he was granted R150 000-00 bail and case postponed to 04 October 2024.

Case 14: 22 Years incarceration for a notorious accountant

Eastern Cape: Between July 2020 and September 2022, Jonathan Blow (52) who was an accounting officer for Sunnyridge Superspar and Despatch Superspar, was given full access and administration rights to their trading bank accounts. In addition to the fees for which he had invoiced the businesses, he intentionally and unlawfully transferred R40 million from Sunnyridge Superspar and more than R11 million from Despatch Superspar to his bank account.

Blow was arrested on 24 March 2023 by the Gqeberha based Hawks’ Serious Commercial Crime Investigation and remanded in custody. He was convicted on 6 September 2023. He was also notified of having been struck off the roll of South African Institute for Chartered Accountants (SAICA). On 7 March 2024, Blow was sentenced to 15 years imprisonment for each of the two counts of theft. Eight-year sentence on the second count will be served concurrently with the first count. He will effectively serve twenty-two (22) years imprisonment.

Case 15: Accused who appealed her 15 years sentence in 2017 was convicted again and sentenced for theft of over R500 000

NORTH WEST: During 2015, Lynette Martha Magdalena Joubert (60) owned a company that assisted community members in Lichtenburg by accepting their monies to make payments on their behalf at Lichtenburg Traffic Department for vehicle licenses and registrations. During 2016, the Mahikeng based Hawks’ Serious Commercial Crime Investigation team conducted investigation which revealed that R596 593-08 of various victims was not paid to the relevant authority between July and September 2015. Joubert presented fraudulent proof of payments from the banks in an attempt to cover up her dodgy dealings.

She was charged with 64 counts of theft where she tendered a guilty plea. She was sentenced to 15 years imprisonment. However, she lodged a special review application after her sentencing in December 2017 in the North West High Court Division against her conviction and sentence. In March 2018, her conviction and sentence were set aside and the court ordered the trial to start de novo leading to her release from correctional services facility after serving 267 days of her 15 years sentence.

In August 2021, she was traced in Mossel Bay, Western Cape where she was served with summons for her first appearance at Lichtenburg Regional Court in November 2021. After several appearances, Joubert was sentenced to ten (10) years imprisonment on 10 January 2024.

Case 16: 18 years imprisonment for theft of trust fund
EASTERN CAPE: Between March 2019 and December 2021, Harold Gerald Henry (46), in his capacity as the financial manager of Strathmore Farm Trust, misappropriated funds of the trust. He further transferred funds to his bank accounts, insurance companies for his personal investments and his next of kin. These transactions were purported to be payments of creditors and wages for employees of the farm.

His fraudulent activities were uncovered when the creditors and employees reported non-payment, which resulted in an internal auditing processes that unearthed fictitious invoices. Henry made attempts to destroy evidence by interfering with computer data programming and storage system to avoid prosecution.

The matter was reported to the Gqeberha based Hawks’ Serious Commercial Crime Investigation for further investigation. The probe revealed that Henry prejudiced the trust fund of more than R14 million. On 24 February 2023, he was arrested for theft and appeared in court where he was released on bail. He was tried and found guilty in August 2023. On 17 January 2024, the Gqeberha Specialised Commercial Crimes Court slammed Henry with 18 years imprisonment.

Case 17: Fleet administrator convicted for R12 million fraud
Eastern Cape: Between November 2014 and March 2021, the service provider by the name of Autotrust was contracted to do auto body repair work for VWSA. Autotrust submitted fraudulent invoices to VWSA for services not rendered and Christo De Jager (60), a fleet administrator at VWSA assisted the company to get the falsified invoices for payments.

During the internal audit, discrepancies in the invoices submitted were discovered and the matter was then reported to the Gqeberha based Hawks’ Serious Commercial Crime Investigation for further investigation. The investigation established that Autotrust and De Jager submitted 572 fraudulent invoices that resulted in VWSA being prejudiced an amount of over R12 million. Further investigation revealed that De Jager received regular undue gratifications from Autotrust.
On 10 March 2023, De Jager was arrested by the Hawks. He appeared in the Gqeberha Specialised Commercial Crimes Court where he was released on warning. On 25 March 2024, he was found guilty on 595 counts of fraud. The matter is postponed to 01 July 2024, for Correctional Services report.

Case 18: Detective given 20 years imprisonment for corruption

KwaZulu-Natal: In May 2017, Warrant Officer Claude Ince (51) was investigating a case of fraud when he demanded a gratification of R5 000-00 in order to destroy evidence against the accused. A case of corruption was reported to the Durban based Hawks’ Serious Corruption Investigation. Ince was arrested during an undercover operation and appeared in court on charges of corruption.

In another incident, he was investigating a case of shoplifting against another accused, when he demanded a gratification of R3 000-00 in order to withdraw the charges. The accused managed to pay a gratification of R1 000-00 and she did not attend court as per his instruction. A warrant of arrest was issued against her and when she appeared before court she explained that Warrant Officer Ince took money from her and told her not to come to court. A sitting magistrate instructed that the matter should be investigated. Another case of corruption was registered against him and he was charged accordingly hence two counts. In May 2023, Ince was found guilty on both charges.

On 18 March 2024, the Durban Specialised Commercial Crimes Court sentenced Warrant Officer Ince to 10 years imprisonment for count one and another 10 years imprisonment for count two. The court ordered that 8 years of count two will run concurrently with the first 10 years of count one, which means that Warrant Officer Ince will serve 12 years direct imprisonment. He was granted leave to appeal, immediately incarcerated and appeal dismissed.

Case 19: Police official and a bogus cop arrested for extortion

Pretoria: In April 2022, Warrant Officer Raquel Kleinkie (43) of Crime Intelligence and a bogus police official, Xavier Luchen Bosman (36) met with the complainant and introduced themselves Lieutenant Colonel Kleinkie and Warrant Officer Bosman from the police. During their meeting, they allegedly blackmailed him into giving them R10 000-00 in order for them not to reopen a case that was previously withdrawn against him.

After realising that the two were attempting to blackmail him, the complainant reported the matter to the Pretoria based Hawks’ Serious Corruption Investigation. The duo were arrested on different dates after an entrapment was conducted. They appeared in court where their bail application was denied by the Pretoria North Magistrate. Kleinkie was charged with corruption and extortion whereas Bosman was charged with extortion as well as impersonating a police official.

On 19 March 2024, Bosman pleaded guilty to the charges and was sentenced on 4 April 2024, to eight (8) years imprisonment for extortion of which five years is suspended and a further 12 months imprisonment wholly suspended for impersonating a police official. After Pre-trial conference that took place on 15 May 2024, Warrant Officer Klenkie returned to court on 27 June 2024 for trial and will come again on 01 July 2024 for continuation of trial.

South African Revenue Service (SARS).

As at the end of the quarter under review, the DPCI was carrying 783 cases of which 284 were on the roll, 277 pending decision 222 investigation that are related to the South African Revenue Service (SARS). I shall cite three (3) cases in this regard.
Case 20: Suspect to appear in court for fraud

KwaZulu-Natal: Between January 2018 and July 2018, Dinesh Bhikramdass Chainthoo (48), who is a member of Econocom 356 CC, allegedly claimed fraudulent Value Added Tax (VAT) refund. He submitted false declarations to South African Revenue Service (SARS) which resulted R11 880 767-42 loss by SARS.

After an internal investigation by SARS, a case of fraud was reported at Point police station and the case docket was allocated to the Hawks’ Serious Commercial Crime Investigation for further probe.

On 25 March 2024, the Hawks served summons on Chainthoo to appear before court on six counts of fraud and contravention of the Tax Administration Act 28 of 2011. He made his first appearance in the Durban Specialised Commercial Crimes Court on 15 April 2024. The matter was postponed to 2 June 2024, then 25 June 2024 and has further been postponed to 12 July 2024.

Case 21: Director and an entity given a combined fine of r800 000 for contravening The Tax Administration Act
Northern Cape: During 2018 and 2019, Batsha Ba Tirong Financial Management Pty (Ltd) t/a Batsha Ba Tirong Security Services under the directorship of Marius Augustine Bocks (54) submitted fraudulent IRP5 certificates to SARS, claiming company income tax returns.

The company had no employees and therefore dormant for the tax period 2018/2019 for which it falsely claimed corporate income tax. SARS suffered a loss of R21 million. The docket was assigned to the Hawks’ Serious Commercial Crime Investigation team which led to the arrest and conviction. On 2 February 2024, the Kimberley Specialised Commercial Crimes Court sentenced Bocks to R600 000-00 fine or five years imprisonment whereas a company was fined R200 000-00 making the combined fine to be R800 000-00.

Case 22: Accused remanded in custody after failing to appear before court

KwaZulu-Natal: Between June 2011 and August 2018, Francis Muleso (43) who is a Malawian responsible for e-filing at Gubela Trading, did e-filing to claim for Value Added Tax on behalf of the company from the SARS. The investigation by SARS revealed that Gubela Trading did not only fail to declare the true income, claiming fraudulent expenses on VAT, but also income tax without justification. As a result, SARS suffered prejudice of R13 832 865-20.

A case of fraud was reported at Point police station and the case docket was allocated to the Durban based Hawks’ Serious Commercial Crime Investigation. On 27 March 2023, summons were served on Paneled Njova (38) to appear in court on 14 April 2023. On 14 July 2023, summons were served on Meluso. Meluso did not appear at court and a warrant of arrest was issued. On 5 March 2024, Muleso was arrested at OR Tambo International Airport and transported back to Durban. He appeared at Durban Specialised Commercial Crime Court on 6 March 2024 and 10 May 2024. The matter is postponed to 03 July 2024 for trial.

Court orders in terms of the Prevention of Organised Crime Act:

The DPCI continues to prioritise asset recovery efforts, aiming to confiscate the proceeds of crime and return them to the rightful owners or the State. By targeting the financial infrastructure of criminal enterprises, the DPCI has made significant advances in recovering ill-gotten gains and disrupting the financial incentives of criminal activity. A total number of eighty-eight (88) court orders including Preservation, Forfeiture, Restraint and Confiscation Orders with a monetary value of R 81 754 322-37 were granted and an amount of R4 283 185-97 was paid into the Criminal Assets Recovery Account (CARA) in the quarter under review. I cite three (3)
cases as some of the forfeiture orders that were granted and executed.

Case 23: Assets worth R21 million to be forfeited to the state

North West: It is alleged that in October 2015, Caswell Mthombeni (52) was appointed by the Department of Community Safety and Transport Management in the North West province to help the department achieve its road safety objectives, which included training unemployed matriculants and empowering accredited driving schools in various pilot areas. His mandate also included training and developing driving schools and learner drivers.

An amount of over R21 million was paid to his company for the commencement of the programme. Over 40 driving schools allegedly signed contracts with the company, as beneficiaries of the programme. It is further alleged that these driving schools utilized their funds to participate in the programme, in anticipation that the company would compensate them. Mthombeni failed to honour his contractual agreement with the driving schools.

As a result, the Department incurred losses of over R21 million. On 26 June 2023, Mthombeni was arrested by the Hawks’ Serious Corruption Investigation assisted by Priority Crime Specialised Investigation (PCSI) and Tactical Operations Management Section (TOMS) in Pretoria. He made his first appearance in the Mahikeng Magistrates Court on 27 June 2023, facing charges of fraud, theft and money laundering. He was granted R50 000-00 bail.

His case was postponed to 3 May 2024, then 14 June 2024 and now postponed to 28 August 2024 for outstanding documents.

On 7 March 2024, the North West Division of the High Court of South Africa, a restraint order against Mthombeni and Caswell Mthombeni Consultants CC in the value of R21 million. These include luxury properties in Mooikloof Heights Estate in Pretoria East, a filling station in Giyani, Limpopo province and six (6) other immovable properties located in Limpopo, Gauteng and Mpumalanga province. The order also includes 25 motor vehicles which are mostly bakkies, Range Rover, and a Mercedes Benz GLE63.

Case 24: Forfeiture orders worth over R17 million granted

Gauteng: In 2022, the members of the Germiston based Hawks’ Serious Organised Crime Investigation arrested six (6) syndicate members dealing in unwrought gold, operating around Khutsong and Carletonville.

It was revealed that the syndicate would buy stolen gold from mine workers and illegal miners (zama zamas) and process it into gold nuggets. During the takedown operation in October 2022, seventeen (17) vehicles belonging to the syndicate were seized. Through continuous investigation more vehicles and properties were discovered that were bought by the syndicate but registered in other peoples names. The matter was referred to the Hawks’ Priority Crime Specialised Investigation (PCSI).

Asset Forfeiture Investigation (AFI) for asset investigation, where several bank accounts were frozen, 51 high value vehicles and eight (8) properties with a combined value of R17 million seized. On 20 March 2024, the Gauteng Local Division of the High Court granted forfeiture order. The order include three vehicles; a Range Rover Evoque, Mazda CX3 and a Nissan Navara with a combined value of R2,5 million as well as valuable household contents such as television sets, lounge suites, fridges, kitchen appliances and music systems all which are proceeds of unlawful activities such as dealing in unwrought gold, money laundering and pattern of racketeering activity.

The accused are due back in court for trial from 29 July until 7 September 2024 in Gauteng High Court, Pretoria.

Case 25: Forfeiture orders worth millions granted by Limpopo High Court division in Polokwane
Limpopo: The accused, Thabiso Matenda, an employee of First National Bank transferred money from the deceased Zimbabwean national’s account who was having R36 million in a First National Bank. Eighteen (18) accused persons and nine (9) companies were arrested and charged.

The Asset Forfeiture Investigation of the DPCI was tasked with the investigation. On 20 July 2023, the Limpopo High Court division sitting in Polokwane granted a preservation order of R8 802 939-65. On 19 March 2024, a forfeiture order of R6 789 664-65 was executed. The accused appeared on 15 May 2024 and the case was postponed to the 09 July 2024.

Trafficking in Persons (TIP)
In the quarter under review, seventeen (17) suspects were arrested in various provinces on charges of trafficking in persons for labour, sexual or profit exploitation. I will cite one of the convictions achieved:

Case 26: 39 years imprisonment for human trafficking and rape
Eastern Cape: Lucas William Rudman (66) was exposed on social media and through information that was received about him engaging in sexual exploitation with minors between the ages of 12 and 16. He would invite the young girls to his house where he enticed them with variety of gifts including alcohol. He would then molest, sexually assault and rape them whilst they are intoxicated.

Rudman was then arrested by the Graaff-Reinet Family Violence, Child Protection and Sexual Offences Unit (FCS) hence his appearance at Somerset Magistrates Court where he was released on R1000-00 bail.

The matter was then assigned to the Gqeberha based Hawks’ Trafficking in Persons team for further investigation and the accused made several appearances. On 23 February 2024, he was sentenced by the Eastern Cape High Court division in Makhanda to 10 years imprisonment for three counts of trafficking in persons each, three (3) years imprisonment for two counts of rape each, and 18 months imprisonment for two counts of sexual assault each. Sentences will run  concurrently, leaving Rudman to serve 14 years of his 39 years imprisonment.

Theft of fuel from Transnet pipelines

Concerted efforts by law enforcement agencies in collaboration with private partners is yielding results in the fight against fuel theft and damage of essential infrastructure. Since December 2019 the focus was placed on this crime, 218 suspects were arrested for fuel pipeline related offences. Of the 218 accused, 6 are deceased whilst 86 are out on bail, and 127 remain in custody in Free State, KwaZulu-Natal, Gauteng, Mpumalanga and North West provinces. The breakdown as per nationalities are 115 South Africans, 75 Zimbabweans, 11 Mozambicans, 11 Malawians, 3 Emaswati, 1 Mosotho, 1 Ghanaian, and an Ethiopian. Four arrests and a conviction were secured during this quarter. I cite one case in this regard.

Case 27: Fuel thieves remanded in custody
Gauteng: On 24 March 2024, Musa Petros Shiba (44) and Vusumusi Magutshwa (50) were arrested near Badfontein farm, Vereeniging on charges of tampering with essential infrastructure and theft of fuel by a team comprising of Bidvest Coins Security Services and Transnet that worked in collaboration with the Vaal Rand based Hawks’ Serious Organised Crime Investigation.

A Mercedes Benz fuel tanker was spotted leaving the farm in the direction of Heidelberg. The vehicle was ordered to stop but attempted to flee. It was eventually intercepted at the off ramp of R23 in Heidelberg. The truck was filled with petrol suspected to be stolen. Drilling machines and other equipment were seized to enable further forensic investigation.

The Vereeniging Magistrates Court remanded the pair in custody pending their next appearance on 25 April 2024, for a lawyer and bail application. The case was further postponed to 24 June 2024 and it is now postponed to 08 July 2024.

Case 28: Kidnappers appear in court for robbery and kidnapping
Mpumalanga: On 14 January 2024, the suspects broke into Bissy Tuck Shop and took the stock of an estimated amount of R2 000.00. The suspects later kidnapped the shopkeeper and left the tuck shop. Later the landlord, contacted the owner of stock, a Bangladeshi citizen, residing at Makau section Mmametlhake. On arrival he found stock scattered all over the floor and the shopkeeper missing. He reported the matter to the police and R50 000 ransom which was reduced to R20 000-00 was demanded.

A team under the command of the Middelburg Serious Organised Crime Investigation attended to the matter. Information was followed which led the team to Hammanskraal where one of the three suspects was arrested. The second suspect was found with the victim and arrested at Hammanskraal. The arrested suspects are foreign nationals Knowledge Komichi (24) and Chrispin Taona (26) from Zimbabwe. They appeared at Vaalbank Magistrate court on 25 January 2024, for the services of the interpreter and the case was postponed to 03 June 2024 for plea. The case was further postponed to the 1 August 2024 for consultation.

COVID-19 related matters: period 2024-01-01 to 2024-03-31
The DPCI continues to jointly, respond to those who committed crimes relating to the Covid-19 Relief Fund as coordinated at the Fusion Centre, which is housed at the Financial Intelligence Centre (FIC). Two cases are cited here.

Case 29: On 02 November 2020, Hobzin 103 Trading (Pty) Ltd received payment into their bank account from the Gauteng Department of Education for Personal Protective Equipment (PPE) for sanitizing of schools. According to SARS, Hobzin 103 Trading (Pty) Ltd was not registered for VAT. The company provided services to the Gauteng Department of Education to the value of two million, nine hundred and two thousand and eight hundred (R2 902 800,00) and subsequently received payment for this transaction. A company has to register for VAT when turnover exceeds R1 million per year. The actual prejudice to SARS was three hundred and seventy thousand, six hundred and twenty-six rands, forty-nine cents (R 370 626.49).

On 22 March 2024, the accused appeared before court and pleaded guilty. Joel Dama was sentenced to a fine of R 200 000.00 which wholly suspended while Hobzin 103 Trading (PTY) Ltd was fined R 200 000.00 or 2 years imprisonment which is wholly suspended for 5 years. The entity was ordered to pay SARS R370 626.49.

State Capture Investigations

The State Capture National Investigation Task Team is focussing on conducting comprehensive investigations. The team prioritizes investigations and transforms inquiries into case dockets. Two thousand, two hundred and forty-one (2 241) statements have been obtained in fifty-three (53) cases which were addressing State Capture recommendations. Twenty-seven (27) suspects (19 natural and 8 juristic persons) have been arrested by the Hawks. Over and above, the DPCI had already arrested six suspects in Bosasa before the cases were taken over by the ID making the total arrest thirty three (33) by the DPCI. The team recovered over R400 million, promptly deposited into the Criminal Asset Recovery Account (CARA).

Truth and Reconciliation Commission (TRC) cases and staffing 
In the TRC matters, nine (9) investigations have been finalized in the last quarter of 2023/2024. Of these nine matters, five (5) are already assigned with court dates and four (4) are awaiting appointments of judges. Three cases with twelve (12) suspects/accused are finalized with two of them already before courts in the KwaZulu-Natal Province and one to be before court on 22 July 2024. The other six (6) cases are inquests dockets, which are either awaiting appointments of judges or dates for the hearing.

In a quest to address capacity within the DPCI, we are happy to announce that contracts for forty (40) contract workers who were appointed on a three years contract have been permanently appointed, whilst thirty-seven (37) have been extended for three years.

Conclusion

Fellow South Africans, as I conclude, allow me to indicate that the case of defeating the ends of justice that was reported by Paul Robert O’Sullivan against Arthur Peter Joseph Fraser and Major General Walther Rhoode on 18 November 2022, was finalised and the case docket submitted to the office of the Director of Public Prosecution (DPP), Gauteng Local Division for decision. On 11 March 2024, the office of the DPP declined to prosecute.

As we revel these achievements, we acknowledge that the fight against national priority offences remains an ongoing challenge that requires sustained commitment and collaboration. The DPCI reaffirms its commitment to execute its work without fear, favour or prejudice as the law dictates. I thank you.