| 2022/08/23 |
PRETORIA, 23 AUGUST 2022 MEDIA BRIEFING BY THE NATIONAL HEAD FOR DIRECTORATE PRIORITY CRIME INVESTIGATION, LIEUTENANT GENERAL (DR/ADV) GODFREY LEBEYA (SOEG)
Dear South Africans Ladies and gentlemen, good morning. I deemed it necessary to brief the public and provide progress of the work and commitment put forth by the DPCI members in the fight against perpetrators of national priority crimes. Since this is our first official media briefing for the Directorate, I shall outline and take stock of the milestone achievements since my appointment in June 2018. Pursuant to the organisational and management capabilities, upon taking charge of the Directorate, I embarked on a process of Assessment, Implementation and Monitoring (AIM). This entailed, engaging the management and personnel in the Directorate in order to re-direct the birds. To properly re-engineer the Directorate, most issues were identified within the first 100 days in office. These included incoherent organisational structure, stagnation in some investigations, transfer of personnel from DPCI to other divisions within the SAPS, nepotistic practices in appointments, poor and unfair allocation of human and physical resources, and inadequate implementation of the Police Act, which has adversely impacted not, only on the functioning of the Directorate, but on the attrition of skilled personnel. As a result of this anomaly, a work study was commissioned that resulted in redesigning a fully developed structure for the Directorate which was approved in the 2019 and is now being implemented to enhance skills levels and retaining personnel in an effort to build capacity. During its inception in 2009, the head count of the personnel in the DPCI was 2 663 while in 2018, the number had already shrunk to 2 535. This number is standing at 2 672. As we speak, we have advertised more than 200 posts. We shall continually advertise vacant and funded posts to address these identified gaps. It is worth noting that several appointments were made which includes the appointment of the Deputy National Head, Divisional Commissioner, six Provincial Heads, Component Heads including Financial Accounting Investigation, Priority Crime Specialised Investigations and appointment of other Senior Managers and personnel across the country. Although there is a slow pace in vetting the designate appointees in Senior Management Service (SMS) for Top Secret Security Clearance Certificate, 85 percent of SMS posts have been filled. Should the designate managers successfully negotiate the vetting process and be certified on Top Security Clearance level, we will be able to fill up to 100% before the end of this year. The lower and middle management is still operating at 50% and the fiscus allowing, we intend to fill these posts over the coming two financial years. WORK ON HAND The DPCI is currently handling 22 477 cases with more than 500 000 charges. The monetary value is more than R1,5 trillion (R1 574 874 806 355,57). These cases involve approximately 23 519 suspects of which 12 360 have already been secured at court while 11 159 are still pending to be approached. Of the cases under investigation, 1 998 have reached decision stage where the National Prosecuting Authority (NPA) is applying its mind. Over the period between 2018/2019 and 2021/2022 financial years, the DPCI arrested a total of 12 157 suspects that were brought before the courts of law over these four years. In the same period a total of 4 447 convictions were secured across the country. Let me hasten to mention that the convictions relates to individuals as the charges/counts are much higher. To cite two examples: in 2019, the convictions relating to Serious Commercial Crime Investigation Component alone was 37 597 counts. In Cape Town Central CAS 1279/10/2016, the two natural persons and five juristic persons were convicted on 487 counts of fraud and money laundering of Value Added Tax (VAT) to the value of R110m actual and R440m potential loss. The natural persons were on 21 February 2020, sentenced to 17 years and 16 years imprisonment respectively. ELABORATION ON THE NATURE OF THE CASES It is important to note the nature of the cases that the DPCI is seized with. These cases that are outlined in the DPCI Mandate include Cash-In-Transit robberies, theft of fuel from the Transnet pipelines, trafficking in drugs, trafficking in human beings, corruption, commercial crime, organised crime, cybercrime, and money laundering, inchoate offences such as conspiracy to commit crime and incitement to commit crime. CORRUPTION The Directorate has noted that corruption is one of the biggest threats in South Africa. It also allows the flow of illegal funds which is the reason that informs the Directorate to monitor performance on money laundering charges initiated through criminal investigations. In strengthening the fight against corruption, the Anti-Corruption Task Team (ACTT) and Operational Committee have been revitalised in order to fast track criminal investigation, prosecution and asset recovery. There are cases that have been selected, prioritised and monitored on a continuous basis. For example, we have cases that are categorized under the Top 100, Top 33 and Top 10; of which the results have been overwhelming. We have seen the public appreciating the work done by the Directorate on social media and elsewhere. Amongst others, several high profile cases including VBS, Asbestos, just to mention few, have been placed on the court roll. I shall deal with some of these cases later.
THE NATIONAL CLEAN AUDIT TASK TEAM (NCATT) We have adopted a team work as opposed to individual investigations. In this regard, we continue assigning task teams to deal with certain Municipalities under the auspices of National Clean Audit Task Team. Some of the highlights achieved over this period includes the following: CASE 1: ETHEKWINI DURBAN SOLID WASTE SCANDAL On 14 May 2019, the eThekwini former mayor Madam Zandile Gumede and twenty one other suspects, were secured before court for offences relating to R208 million Durban Solid Waste tender by the Hawks’ National Clean Audit Task Team (NCATT), the accused include councillor Mondli Mthembu and businessman Craig Ponnan. They were subsequently charged with fraud, corruption, a pattern of racketeering activity in terms of the POCA Act 1998 as well as contravening of the Municipal Finance Management Act of 2003. A total of 22 suspects arrested for fraud and corruption in connections with eThekwini Durban Solid Waste scandal and the matter is on trial at Kwa Zulu Natal Division of High Court sitting at Durban since 22 August 2022. CASE 2: EXECUTIVE MAYOR OF JB MARKS MUNICIPALITY On 23 October 2020, the Executive Mayor, Kgotso Moses Khumalo (52) and Director, Cyril Hendry (54) of the JB Marks Municipality, appeared before the Potchefstroom Magistrate's Court facing charges of fraud and theft following their arrest. The arrests emanate from investigations that were conducted by the Hawks' Serious Commercial Crime Investigation relating to an amount of approximately R5 million intended for the JB Marks municipality but ended in private pockets. The case is postponed to 19 until 21 October 2022 for trial at Potchefstroom Magistrate’s Court where it will be handled by the Special Commercial Crime Unit prosecutor. CASE 3: SUSPECTS ARRESTED FOR R56.4 MILLION CORRUPTION The Serious Corruption Investigation team of the Hawks arrested nine (9) suspects aged between 30 and 65 years-old on multiple charges of fraud, corruption and money laundering exceeding R56.4 million actual loss, whilst the potential loss is around R200 million. The suspects were warned to hand themselves to the Hawks and appeared in the Qheberha Magistrates court on 20 November 2020. They include two former Nelson Mandela Metropolitan Municipal officials, two influential community office bearers as well as five business people. The said nine natural persons will be charged along with six juristic persons (entities). The tenth person who was to be arrested passed away just before the arrest. The matter was reported to the Hawks for investigations in September 2018 following an audit report by the National Treasury. This is the second leg as the first leg was conducted in April 2017, where six suspects were arrested. There are three legs in this case. In the first Leg the following accused have been charged:- Mandisa Charles Mkasa, ,Nardia Gerwel, Daniel John Watson and JA Wessels-. This matter is set for court from the 19 to 23 June 2023. In Leg 2 and leg 3, the following accused have been charged:- Zandisile Qupe, Thando Gcolomba, Mhlelelu Lungile Tshamase, Walter Shaidi, Fareed Fakir, Rukaard Abrahams, Joleen Andrea Wessels, Nardia Gerwel, Dawid Edward Le Roux and Le Roux Incorporated. Both leg 2 and Leg 3 of this case is remanded to the 25 October 2022. CASE 4: FORMER MINISTER OF STATE SECURITY On the 27 October 2020, Twelve (12) suspects which includes Advocate Bongani Bongo, a Member of Parliament, were arrested for alleged fraud and corruption in connection with the alleged dubious land deals amounting to almost R124 million. This follows a complaint received in February 2012 about the Msukaligwa Municipality that allegedly bought a farm in Ermelo worth R11 million yet sold for R36.4 million in 2011. The investigation led to the discovery of two other deals involving two farms, a 70-hectare Malelane farm worth R44 million that was allegedly sold to the municipality at R50 million in 2011 and a 74.2 hectare in Emalahleni worth R16 million sold for R37.5 million. This matter is scheduled for 18 to 25 November 2022 for pre-trial conference at Mpumalanga Specialised Commercial Crime Court where they face 69 counts of various offences. CASE 5: VENDA BUILDING SOCIETY - MUTUAL BANK (VBS): The case of VBS has received massive coverage since inception. Twenty seven (27) suspects have been arrested so far. A conviction has also been secured. This follows an intensive, prosecution aimed investigation by the Hawks' Serious Corruption Investigation into inappropriate administering of state funds into the Venda Mutual Bank by the Municipalities. The accused face more than 188 charges. Amongst the accused persons include former mayor of Thulamela Local Municipality, Avhashoni Tshifhango and Municipal Manager Hlengani Maluleke, Collins Chabane Municipality-Ms Tsakani Charlotte Ngobeni (MM),, Eadie Makamu – CFO Merafong and West Rand District Municipality-Moroashike David Mokoena – (MM), Romeo Mohaudi – CFO, Mzwandile Reginald Mkhize – Manager, Thyse Wienekus– Acting CFO, Fetakgomo-Tubatse Municipality-Johannes Mohlala (MM), Given Ratau – CFO, Keobaka Kgatitsoe – Private Contractor, Thulamela Municipality-Stephen Tshifhango – Mayor, Emmanuel Maluleke (MM), Mafikeng Municipality-Thabo Mokwena (MM), Tshifhiwa Calvin Matodzi, Andile Malusi Attwell Ramavhunga, Phillip Truter, Phophi Londolani Mukhobobwane,Nhlanhla Kevin Sipho Malaba, Phalaphala Avhashoni Ramikosi, Thifhelimbilu Ernest Nesane, Paul Magula, Solomon Maphosa, Robert Madzonga, Daniel Msiza, Kabelo Matsepe, Ralliom Razwinane, Edgar Mucheke, and Tshianeo Madadzhe. More suspects are expected to be arrested during the course of the investigation as about 20 municipalities in Limpopo, North West and Gauteng, lost nearly R1.6 billion after illegally investing with the bank. More than 2 391 statements have been gathered by the investigators. The main case is postponed to 3 October 2022 – 3 December 2022 for trial.
NARCOTICS CASES Tackling drugs, gangsterism and associated criminal activities remain apex priorities for the Government of South Africa. A dedicated South African Narcotics Enforcement Bureau (SANEB) is committed to working collaboratively with other law enforcement agencies domestically, regionally and internationally to disrupt and dismantle prolific drug trafficking organisations. Interdiction at sea, air and land borders have also been intensified through this capacity in close cooperation with international law enforcement bodies and other government Departments. Over the period between 2018/2019 and 2021/2022 financial years a total of 1 305 suspects were arrested whilst 235 convictions were secured for drug related offences. A grand total of R3 383 819 154-20 worth of assortment of drugs were seized from clandestine laboratories, airports, oceans, land borders, and on the roads. Some of the highlights of such collaborations includes the following successes: CASE 6: QHEBERHA COCAINE HAUL On 8 January 2019, the Hawks intercepted 706 cocaine bricks hidden beneath thousands of containers at Qherbeha, Eastern Cape worth R706m. CASE 7: MARBLE HALLILLICIT DRUGS LABORATORY Two accused persons who were arrested on a Game Farm, just outside Marble Hall on 16 June 2020 for operating a huge clandestine drug laboratory have appeared in the Groblersdal Magistrate’s Court. Obele Ifeanyi (43) and Aldeo Mathe (47) faced charges relating to manufacturing of drugs, dealing in drugs and illegal possession of firearms and ammunitions. The police recovered enormous drugs worth millions of rand, four firearms with ammunitions, big drug manufacturing machineries and chemicals. On 7 March 2021, the accused were found guilty of manufacturing drugs, possession of a firearm and sentenced to 4 years imprisonment which is wholly suspended. The farm which is valued at R4 272991-00 has 22 April 2022, been preserved which is an instrument used in the manufacture of drugs. CASES 8 AND 9: RIP ON RIPP OFF/ PIGGY BACKING DRUGS During June 2021 an intelligence driven operation led to the discovery of 541 kg of cocaine to the value of R216.4m in canvas bags placed in a legitimate shipment of animal food at Isipingo, Durban. A typical “RIP ON RIP OFF” or “PIGGY BACKING” method with a duplicate seal placed inside for easy re-sealing after the extraction thereof by the trafficking organisation. On 30 July 2021 an intelligence driven operation led to the discovery of another consignment of 1000 kg of cocaine R400m in black canvas bags placed inside a legitimate consignment of vehicle/truck parts. A duplicate seal found in the one of the bags. CASE 10: TWELVE FEET COCAINE BOAT In June 2021 the SANEB investigators intercepted a vehicle that was towing a 12 feet boat on the N1 next Pretoria. The boat was found to contain 805 kg of cocaine to the value of R400m. Eight suspects have been arrested and the ninth suspect Ahmad Issa (41) who is also an international fugitive escaped in Cape Town and we missed him again in KZN where he pretends to have been kidnapped. There is no kidnapping, he must just hand himself over. He is playing the same game as Sam “Mshengu” Chabalala who was released on bail after trying to corrupt an incorruptible Hawks officer in Mpumalanga. Mshengu claimed to have been swallowed by a crocodile; there is no crocodile that swallowed him. He should also hand himself over. The drugs case is remanded to the 3 October 2022 for the seven accused. One accused has since been convicted. Investigations with the assistance of various law enforcement agencies continue on more targets linked to this case. CASE 11: AEROTON COCAINE On 9 July 2021 an intelligence driven operation conducted on a container destined being transported from Durban to Aeroton, Johannesburg led to the arrest of 6 suspects including two police officials and a traffic official. A duplicate seal was found in possession of one of the arrested suspects. 715 kgs cocaine to the value of R286m were seized. CASE 12: COCAINE DESTINED FOR CAPE MARKETS On 04 August 2022, the SANEB together with Crime Intelligence Gathering arrested three suspects, Ebrahim Kara, Meshack Ngobese, Elias Radebe in the Western Cape for trafficking in 675 kg of cocaine to the value of R403 2000 000-00. The accused appeared at Athlone magistrate’s court on 8 August 2022 and 15 August 2022. The case is postponed to 22 August 2022.
HAWKS SERIOUS CORRUPTION INVESTIGATION CASE 13: FUNERAL SERVICES FOR DR MANDELA On the 5th October 2021, former Eastern Cape Health Member of Executive Council Madam Sindiswa Gomba and her co-accused made their first appearance in East London High court on charges of fraud, money laundering, contravention of Municipal Finance Management Act (MFMA) and corruption. The case has since been postponed on several occasions for numerous reasons. The accused would be answering to charges related to the procurement of service providers for the transportation and booking of venues during the memorial service and funeral preparations of the late former President Dr Nelson Mandela by the Buffalo City Metropolitan Municipality. The case is postponed to 5 to 9 September 2022 and 17 October 2022 to 25 November 2022 for trial at Eastern Cape High Court sitting at Bisho. CASE 14: MOGALAKWENA MUNICIPALITY CORRUPTION The Directorate for Priority Crime Investigation secured 15 natural persons including Jabulani Petros Mashamaite, a Member of Provincial Legislature (MPL) and 13 juristic persons with summonses to appear in court in relation to the allegations of tender corruption at Mogalakwena municipality. The suspects received gratification from the service providers and that other companies were paid money for service that were never rendered. The accused included the former Mayor, other senior officials, company directors and a wife to one of the former senior municipal officials. The case is on the court roll with the Polokwane Specialised Commercial Crimes Court and it is postponed to 07 October 2022 for pre-trial conference.
ACTT CASES In strengthening the fight against corruption, the Anti-Corruption Task Team (ACTT) has been revitalised to fast track criminal investigation, prosecution and asset recovery. There are cases that have been selected, prioritised and monitored on a continuous basis. For example, we have cases that are categorized under the Top 100, Top 33 and Top 10, of which the results have been overwhelming in recent times. Over the period between 2019 to 2022 financial years, a total of 554 suspects were arrested whilst 142 suspects were convicted for corruption related offences. Some of the cases on the ACTT include the following: CASE 15: ARMS DEAL Part of the arms deal case is currently postponed in Kwa Zulu Natal High Court which is sitting at Pietermaritzburg to 17 October 2022 and probably 7 November 2022 depending on the other applications. CASE 16: REKGONNE COMMUNITY PROJECT These allegations relates to Superior Quality trading as Rekgonne Community Projects (RKP). During the investigation of the Estina Dairy Farm case, it was discovered that there were irregularities in the financial flow analysis of a bank account. In June 2014, RKP entered into an agreement with the Free State Department of Agriculture and Rural development to implement all projects on behalf of the department for two years. Between 2012 and 2016, the department paid more than R244m to the company. in April 2021, the former CFO of Free State Department of Agriculture Madam Sylvia Dlamini, former Head of Department Mr Peter Thabethe and the Director of RKP Madam Lena Mohapi were arrested. They face 54 counts of fraud, theft, corruption, money laundering, forgery and uttering. AFU attached the Assets to the value of R249m and the criminal Trial date is set for 11 April 2023 to 04 May 2023 at Free State High Court sitting at Bloemfontein.
PPE & COVID 19 RELIEF FRAUD CASES When Covid-19 was declared a pandemic, the Government provided some financial relief to cushion the impact. Some greedy criminals developed some means to steal these funds. The Anti-Corruption Task Team (ACTT) which also sit as the Operational Committee as legislated in section 17J of the South African Police Service Act, assigned the Fusion Center in the Financial Intelligence Center (FIC) to coordinate the fight against the looters. The DPCI forms part of this process. Since then a total of 143 accused persons have been secured in the various courts on 55 cases. 33 cases have already been finalised with 31 convictions and 2 acquittals making a conviction rate of 94%. The following are some of the cases relating to Covid-19: CASE 17: FIVE SUSPECTS ARRESTED FOR COVID 19 UIF On 04 July 2020, five suspects, Tshepang Howard Phohole, Taetse Zulu, Tsietsi Godfrey Mojela, Itumeleng Charlene Masoko and Tebogo Andries Nchimane Masoko were arrested in an operation by the Gauteng Serious Corruption Investigation. This follows an intensive investigation into case registered at Brooklyn SAPS relating to the 58 counts of fraud, theft and money laundering of R5,6m Unemployment Insurance Fund COVID-19 Temporary Employment Relief Scheme (TERS). The suspects were traced to various residences in Shoshanguve, Atteridgeville and Mamelodi. Five vehicles including a Range Rover were recovered. The accused have been found guilty and sentenced on 17 May 2022. CASE 18: MALAMULELE COUPLE ARRESTED FOR RELIEF FUNDS Between April and August 2020, the Director of Mtititi Drop in Centre allegedly claimed R3.2 million Covid-19 social relief funds from the UIF on behalf of her 242 former Malamulele based Extended Public Works Program (EPWP) workers. However, the workers’ contracts were terminated before the country’s lockdown was declared by the State President. The claimed funds never reached the pockets of the former employees. Subsequently, the Hawks’ Serious Corruption Investigation in Limpopo arrested the Company Director, Madam Dorris Mashimbye (47) together with her husband Mr William Khosa (75). The case is remanded to the 3 November 2022 for plea.
SERIOUS COMMERCIAL CRIME INVESTIGATION Fraud constitute a high number of cases. In in financial years 2019 to 2022, 1 655 suspects were arrested while 605 were convicted. Some of the successes include the following: CASE 19: R86M OF CUSTOMS AND EXCISE CONDUCT On 2018-09-11 the accused was travelling from South Africa to Hong Kong when she was caught by customs official at OR Tambo International Airport carrying a sports bag containing cash to the value of R86.90 million. The suspect had already boarded the flight when she was arrested but was however requested to alight from the flight by SARS officials. The money was seized and a preservation order for the amount was made. The accused was sentenced with a fine of R200 000 or 24 months imprisonment and further 24 months imprisonment suspended for 3 years conditionally. CASE 20: TRADE VENTURE INVESTMENTS PONZI SCHEME The suspects, Msawenkosi Wilson Gazu and Fakazile Sweetness Mazibuko operated a Ponzi Scheme under the name of Trade for Life. They would accept deposits from the general public acting as a Bank. Once the monies were no longer being generated they changed the company to TVI (Trade Venture Investments) and continued accepting deposits from the public. There were a total of 6 024 such deposits with an estimate value of R64 million. Most investors lost all their investments. The pair were arrested in 2014 and both were found guilty in February 2019 on all 6 024 counts and sentenced to fifteen (15) years imprisonment plus an additional fifteen (15) years to run concurrently on all other counts. CASE 21: LANDBANK FRAUD A grant of R6 million was paid to an entity on the verbal instruction of the CEO of the Land bank, and the correct procedures were not followed in approving this grant. Three men who are former Land Bank CEO Philemon Mohlahlane, Ruben Mohlaloga, a former Member of Parliament, and Dinga Rammy Nkhwashu were arrested during October 2012. This followed relentless investigations that revealed that they had formed a common purpose to defraud the Agri-BEE Fund/Land Bank. Government project of R6-million. The BEE agriculture project was meant to benefit emerging farmers and assist previously disadvantaged farmers‚ women and youth in agriculture to acquire land and to establish farming enterprises. All three accused were found guilty and sentenced on the 14 February 2019, as follows: Mohlahlane: seven years imprisonment, Mohlaloga twenty years imprisonment and Nkhwashu twenty–four (24) years imprisonment.
SERIOUS ORGANISED CRIME INVESTIGATION POLICE KILLINGS Investigation of police killings is the responsibility of the Directorate for Priority Crime Investigation. Since 2018, the DPCI arrested 187 suspects for the murder of police officials. Fifty Five (55) accused were convicted and sentenced during the same period. Amongst the successes achieved are the following: CASE 22: WESTENDERG POLICE OFFICIAL MURDERED On 8 November 2018, Constable De Lange was murdered between in Westenburg, Limpopo while on duty. In January 2019, the Serious Organised Crime Investigation team arrested Phuthi William Mehlape (34), Peter Mswazi (31) and Betty Mmamosibudi Maphotho (41) where an unlicensed firearm and a stolen vehicle were also recovered. During the investigation, Mehlape and Mswazi were linked to a hijacking incident that occurred in Polokwane on the day on which Constable De lange was killed. The aforesaid accused were convicted and sentenced. Mehlape was sentenced to life imprisonment for murder, 15 years for possession of firearm, 15 years for robbery with aggravating circumstances, eight years for kidnapping and five years for possession of stolen vehicle. Mswazi was sentenced to 15 years for robbery with aggravating circumstances and eight years for kidnapping. Maphotho received a three-year suspended sentence for defeating the ends of justice. CASE 23 A WIFE SENTENCED FOR MURDER OF HUSBAND On 3 November 2019, the body of Warrant Officer Thulani Ngwabe (51) who was stationed at Margate Family Violence, Child Protection and Sexual Offences Unit (FCS) was found on the railway lines near Port Shepstone beach with multiple stab wounds. His wife was arrested in December 2019. In June 2021, the Kwa Zulu Natal High Court sitting at Pietermaritzburg convicted and sentenced Nonkululeko Ngwabe (46) to 22 years imprisonment for the brutal murder of her husband in what can be labelled spousal-encashment. The case against her three accomplices is remanded in Kwa Zulu Natal High Court sitting at Pietermaritzburg for trial from 3 to 23 October 2022. CASE 24: THE MURDER OF LIEUTENANT COLONEL KINNEAR A DPCI Task Team that was established in response to the murder of Lt Col Kinnear, may his soul rest in peace, arrested 23 gang members on charges of conspiracy to commit murder, pre-meditated murder, illegal possession of firearms and ammunition as well as contravention of the Prevention of Organised Crime Act 121 of 1998. The members include: Nafiz Modack, Moegamat Ziyaad Poole, Moegamat Toufiek Brown, Mario Petersen, Riaad Gasant and Fagmeed Kelly. Some accused including Abongile Nqodi (35) who is convicted is serving an effective 20 years direct imprisonment. The accused are appearing at the Blue Downs Regional Court on 16 September 2022. CASE 25: TWO HAWKS OFFICERS KILLED DURING CIT ROBBERY In a CIT that was to take place in Mahikeng, we lost two of our colleagues who stood barrel-to-barrel with the suspects who also suffered three casualties with the fourth one suffering the same fate from fellow criminals at a later stage, may their souls rest in peace. Nine (9) accused are now facing trial at the North West High Court sitting at Mahikeng and the case is remanded to 29 August 2022 until 02 September 2022 for trial. CASE 26: 16 LIFE AND 680 YEARS FOR BANK ROBBERS From early 2013, the banking industry suffered a spate of robberies and by the end of 2013 the number of bank robberies had nationally increased from 9 incidents in 2012 to 14 incidents in 2013. During 2014 bank robbery incidents escalated with 25 incidents. 2014 marks the year, since 2012, when the most bank robberies were reported. Analyses showed that members of the same group were repeatedly involved in bank robberies committed throughout Gauteng and its neighbouring provinces. A DPCI led Bank Robbery Task Team was established resulting in the arrest of a group of suspects for a business-related robbery in Empangeni. Twelve suspects including six Zimbabweans and six South Africans were nabbed making the Organised criminal group a multinational one. The accused were charged, for their alleged involvement in 20 different bank robberies. Authority was obtained to prosecute all the accused on two separate charges of a pattern of racketeering activities in terms of the Prevention of Organised Crime Act 121 of 1998. Following a long trial, the diligent investigation and prosecution team succeeded in having eight of the ten accused convicted in the Gauteng Local Division of the High Court for 31 counts including 11 bank robberies, 2 pattern of racketeering activities, attempted murder, possession of unlicensed firearms, and malicious damage to property. On 25 January 2019, the convicts were sentenced as follows: Accused 1 – Sikhumbuzo Sibanda : 2 life and 152 years. Accused 4 – Strike Ndebele : 2 life and 34 years imprisonment. Accused 5 – Mduduzi Makhubu : 2 life and 37 years imprisonment. Accused 6 – Themba I Ndlovu: 2 life and 85 years imprisonment. Accused 7 – Xolani Nxumalo: 2 life and 88 years imprisonment. Accused 8 – Bafana Ntuli : 2 life and 142 years imprisonment. Accused 9 – Nkosana Nkomo : 2 life and 88 years imprisonment.. Accused 10 – Lucky Dube : 2 life and 54 years imprisonment.
CASH-IN-TRANSIT HEISTS Since 2018, the DPCI arrested 726 suspects in connection with 826 Cash-In-Transit robberies. During the same period, 110 accused persons were convicted and sentenced on 115 cases. Amongst the sentences secured are 77 life sentences. In fighting CIT scourge on 06 March 2020, we have suffered casualties in two of our dedicated members in Mmabatho where three suspects also lost their lives at the scene with fourth one losing his life at his residence, may their souls rest in peace. Nine (9) accused persons are appearing in court and the case is postponed to 29 August 2022 to 02 September 2022 for trial at Mahikeng Court. Some of the successes include the following: CASE 27: EIGHT LIFE IMPRISONMENT FOR CIT ROBBERY On 1 February 2019, Warrant Officer Musa, from the Special Task Force and Lieutenant Colonel Carl van der Vyver from Crime Intelligence were fatally shot in a shootout with heavily armed cash-in-transit robbers in Nongoma, northern KwaZulu-Natal. Seven suspects were also fatally wounded during the shoot-out with police on the same date, may their souls rest in peace. Sandile Gumede (32) was arrested after the incident and was found in possession of the vehicle that was used during the robbery. Hawks members from Pietermaritzburg Serious Organised Crime Investigation unit successfully opposed bail until he was sentenced. On 13 May 2021, Kwa Zulu Natal High Court sitting at Pietermaritzburg sentenced Gumede to two life imprisonment for double murder of the aforesaid police officers, seven life imprisonment for the murder of his seven accomplice. He was further sentenced to 20 years for Cash in transit robbery and 10 years imprisonment for each count of attempted murder. The sentences will run concurrently. CASE 28: 258 YEARS IMPRISONMENT FOR LIMPOPO ROBBERS In Limpopo, between September and October 2017, Boitumelo Daniel Aphane (34) and Solly Solomon Monama (38) committed a series of cash in transit robberies at Polokwane, Seshego, Mankweng and Ritavi which resulted in the loss of money. In October 2020, Aphane, who is currently serving 25 years imprisonment for a similar offence, was found guilty on 24 counts and sentenced to 192 years imprisonment. Meanwhile Monama was found guilty and sentenced to a total of 66 years imprisonment. CASE 29: CITY MOUTAIN CIT PROJECTS A City Mountain I, II and III major case investigations were conducted and concluded in August 2018, July 2020 and November 2021 respectively. These major investigations targeted a criminal grouping involved in CIT’s in Mpumalanga, Free State, Limpopo, North West and Gauteng. The goal of the investigation was to link the suspects to the cases in these provinces and prosecute them as an organised criminal group in terms of the Prevention of Organised Crime Act (POCA). The investigation was a lengthy and complicated process focussing on linking the suspects to the crimes through various methodologies. Eventually eight (8) suspects could be linked to twenty four (24) cases and they were indicted on one hundred and seventy-nine (179) charges including charges of a pattern of racketeering activity. Six accused who are David Lebakeng Mokodutlo @ Baker – 6 cases, John Rahube – 15 cases, Mzuvukile Wellington Cenenda @ Bibi – 10 cases, Robert Mkhabati – 4 cases, Tshepo Malahlela – 6 cases, Jabulani Dodo Makwarela – 6 cases, will be appearing in the Mpumalanga High Court, sitting at Middelburg on 6 February 2023 for trial. Two accused have since passed on.
DAMAGES TO ESSENTIAL INFRASTRUCTURE In 2020 the cases of theft of fuel from the pipelines mushroomed. In response to this challenge, 123 arrests were effected. As the courts were not operating at full capacity during the Covid-19 period, few cases have been finalised. Some of the successes achieved are the following: CASE 30: ACCUSED SENTENCED FOR THEFT OF CRUDE OIL On 01 August 2020 at Zamdela Sasolburg four Malawian suspects Norman Tsvito (44), Cliff Mtantho (46), Beckham Mtando (28) and George Katumba (56) were arrested while stealing crude oil on the Transnet Pipeline. The incident was immediately reported to the members of the Hawks’ Serious Organised Investigation team based in Sasolburg who then attended to the complaint. When the police arrive at the crime scene, they found the four loading crude oil from the valve into the truck. The suspects were then arrested and they appeared in court on several occasions which culminated in their conviction and sentencing before the Sasolburg Magistrates' Court on 18 March 2022. The Court sentenced Tsvito to fifteen (15) years imprisonment and the other three accused were sentenced to a fine of R1000 or thirty (30) days imprisonment.
NON- FERROUS METALS Over the period between 2018/2019 financial years 2021/2022 year a total of 429 suspects were arrested for precious metals and diamonds in the country whilst 59 suspects were convicted. Non Ferrous metals to the value of R55 035 903-20 was involved. Some of the highlight include the following: CASE 31: THREE ARRESTED OVER R4.6 MILLION COPPER On 07 February 2022, the Hawks’ Serious Organised Crime Investigation in Krugersdorp arrested Vernon Michael van der Mescht (56) for 42 copper blisters worth approximately R4.6 million. The owners of P&P Commodities, former boxing Champ Pierre Coetzer (60) and Pieter Venter (50) handed themselves to the Hawks where they were subsequently charged. The case is remanded to the 6, 8 and 13 September 2022 in the High court for trial. CASE 32: 16 YEARS IMPRISONMENT FOR COPPER CABLE THIEF In July 2012, it was discovered that cables at the Estcourt tower were stolen. A case was opened and assigned to the Hawks’ Serious Organised Crime Investigation team based in Pietermaritzburg. An investigation was conducted which led to the arrest of Ronald George (42) in May 2016. After a numerous court appearances, he pleaded guilty nearly six years later. On 15 March 2022, the Durban Regional Court sentenced him to 26 years imprisonment of which 10 is suspended for theft of Transnet copper cables worth R333 000, money laundering, pattern of racketeering activity and malicious damage to property. CASE 33: TRANSNET OFFICIALS STEAL TITS COPPER CABLES On 18 February 2021, 24 February 2021, and 03 May 2021, the Hawks’ Serious Organised Crime Investigation team arrested Andries Harmse (47), Oupa Maluleke (49), Martins Fredericks Geyser (60), Mhlaba Dedrick (38), Mthembu Xolane (32), Keketso Mokoena (32), Mokgobokwane Kgothatso (31), Frans Albert (59) and Andries Lombard (51) stolen copper cables worth approximately R1.9 million and tempering or damaging essential infrastructure. The suspects who included Transnet employees of Koedoespoort depot, Silverton and scrapyard owners are out on bail and are expected back in court in Pretoria Magistrate Court on 26 September 2022.
PRECIOUS METALS & DIAMOND Over the period between 2018/2019 and 2021/2022 financial years, a total of 1186 suspects were arrested for precious metals and diamonds in the country whilst 219 suspects were convicted. Precious Metal & Diamonds to the value of R140 478 254-28 was involved. Some of the highlights include the following: CASE 34 ORKNEY ILLEGAL MINING ACTIVITY DISMANTLED On 21 October 2021, eighty seven (87) suspects aged between 25 and 49 were arrested, eight(8) wounded and six (6) fatally wounded during a shootout with members of the Special Task Force (STF) assisted by Hawks Serious Organised Crime Investigation unit in North West in an intelligence driven operation at Orkney. A Hawks led multi-disciplinary team comprising of the Special Task Force, National Intervention Unit, District Crime Combatting Unit, NW Airwing, Explosives Unit, Bidvest Protea Coin Security and Local Criminal Record Centre descended on the identified shaft where they were met with the suspects' gunfire. The team returned fire wherein eight suspects were wounded and six fatally whilst eighty-seven were arrested. One member of the SAPS was wounded. The team seized two minibuses, Illegal mining paraphernalia, gold bearing material, eleven Illegal firearms and bags of food. The alleged kingpin was ultimately arrested which brought the number to 88 and all will be back in court on the 6 September 2022 where another leader will be added to make a total of 89 accused persons. CASE 35: HEFTY SENTENCE FOR A GOLD- IN-TRANSIT (GIT) HEIST On 8 February 2019, a security vehicle transporting gold concentrate was ambushed by a group of suspects armed with high calibre firearms. The suspects took the gold concentrate with a value of approximately R35 million and fled the scene. One security officer was injured during the incident. A vehicle used during the robbery, was abandoned in the Stilfontein area. On 26 March 2019, Thulani Lushaba was arrested at Germiston by the Klerksdorp based Hawks Serious Organised Crime Investigation team. On 21 January 2022, he was convicted and sentenced on charge of robbery with aggravating circumstances, attempted murder and theft of motor vehicle by the Stilfontein Regional Court. He was sentenced to a total of 32 years imprisonment. CASE 36: R39M WORTH OF GOLD FORFEITED TO THE STATE In a Springs case reported in June 2019, the DPCI seized gold which was later forfeited to the State, auctioned and an amount of R39 577 586-69 deposited into the fiscus on 3 February 2021.
TRAFFICKING IN PERSONS Between 2018/2019 and 2021/2022 financial years, 85 suspects were arrested for trafficking in persons. In the same period 18 accused were convicted and sentenced. Some of the highlights include the following: CASE 37: A NIGERIAN TRAFFICKS ZIMBABWEANS WOMEN In 2018 a case of Human Trafficking was opened and investigated by the Hawks Human Trafficking Section of the DPCI. This investigation culminated in the arrest of Alaba Makonjuola Asabi (38), a Nigerian male and the rescue of two Zimbabwean females who were victims used as “commercial sex workers”. The accused controlled the victims by locking them in a private dwelling. This took place over a period two years before they were rescued in 2018. The victims were successfully repatriated to their country of origin. In October 2021, the accused was found guilty and sentenced by the Gauteng High Court sitting in Pretoria on two counts of trafficking in persons and sentenced to two (2) life imprisonment. He was further sentenced to 30 years for three counts of possession and manufacturing of child pornography and 15 years for using the services of a victim. Over and above two life sentences, he is to serve an effective period of 45 years imprisonment. The accused was declared a prohibited person in the Republic of South Africa. The Court also ordered that the accused's particulars be included in the National Register for sex offenders. CASE 38: AN APOSTLE AND ACCOMPLICE IN COURT In the early hours of Saturday, 13 November 2021, the Hawks' Serious Organised Crime Investigation team arrested a pair for trafficking in persons, molestation and forced labour. The pair was arrested following an investigation which began in September of 2020 into sexual abuse of vulnerable people, allegedly trafficked from different areas. Thus far, seven victims who are males and females have come forward to lay charges. These victims came through the church between 2005 and 2020. The accused will appear at Eastern Cape High Court sitting at Bisho on 8 November 2022.
ENDANGERED SPECIES Between 2018/2019 and 2001/2022 financial years, 373 suspects were arrested for crimes relating to endangered species including abalone, rhino horns, elephant tasks, lion bones, and pangolin. In the same period 114 were convicted and sentenced. Endangered Species to the value of R449 870 865-04 seized. Some of the highlights include the following: CASE 39: SHIPPING AGENT ARRESTED AND OVER RHINO HORNS On 16 July 2020, Steven Wesley Cerasoli (42) was arrested by the Hawks’ Serious Organised Crime Investigation team in Edenvale and appeared at the Kempton Park Magistrates Court for allegedly dealing in rhino horns and perjury. He labelled the consignment of rhino horns destined for Malaysia as scaffolding equipment whereas it was discovered that it is in fact 47kgs of rhino horns worth approximately R3 million. The matter was removed from the court roll and will be reinstated as the laboratory report has since been received. CASE 40: ABALONE TRAFFICKERS CONVICTED On 17 May 2021 the Directorate for Priority Crime Investigation with the assistance of the Department of Forestry, Fisheries and Environment and Western Cape High Way Patrol arrested two suspects. One of the suspects was driving a white Hino truck with foreign registration numbers. The other suspect was escorting the truck with a White BMW. The Hino truck had a built-in hidden channel in which 23 896 units of dried abalone were concealed in. A cash amount of R4 420 was found in the possession of the suspect driving the Hino truck and an amount of R46 100 was found in possession of the second suspect. The consignment of abalone was suspected to be exported to Namibia for the South Asian market and the cash was a portion of their reward. Both suspect were arrested and convicted for the possession and control over the abalone for commercial purpose. They were also convicted for money laundering. The cash was forfeited to the State. Both accused were sentenced to 10 years imprisonment.
COUNTERFEIT GOODS A number of counterfeit goods have been seized and several arrests effected. CASE 41: SPRINGS FAKE WASHING POWDER FACTORY On 01 April 2022, the Hawks’ Serious Commercial Crime Investigating team together with Brand protectors assisted by members of Public Order Policing (POP) from Springs executed an operation in terms of Counterfeit Goods Act 37 of 1997, at a premises in Springs. This team found that the premises was a large scale manufacturing and distribution facility. Raw materials including machinery as well as industrial sifting machine, unbranded washing powder along with counterfeit labels bearing well-known trademarks of various proprietors, were seized. A 42 year-old suspect and his daughter were summonsed to appear at Springs Magistrate court for contravention of the Counterfeit Goods Act 37 of 1997. The case is remanded to 09 September 2022. CASE 42: COUNTERFEIT VEHICLE PARTS On 06 May 2022, a joint team tactically moved in on three (3) businesses trading in the Lifestyle Centre, Gauteng and seized Counterfeit vehicle parts and accessories sold under the guise of genuine Ford branded products. The goods worth a combined value of R500 000 were seized. The suspected duo aged 25 and 29 were served with J175 summons to appear in court and the matter continues on the court roll on the 26 August 2022.
CRIMES AGAINST THE STATE Several cases of crimes against the State are receiving attention. Some of such cases, relates to incitement and conspiracy to commit public violence and arson that occurred during July 2021. Some of the successes include the following: CASE 43: INSTIGATORS OF JULY 2021 UNREST With regard to the July unrest instigators, it shall be recalled that the DPCI has reported to have secured the attendance of eight (8) instigators at court last year. The DPCI never stopped the investigations since. In fact, multi-disciplinary teams were formed to investigate. The DPCI and the National Prosecuting Authority (NPA) are satisfied that the investigation is ripe hence the Hawks are landing. As we speak, 35 suspects have appeared in court recently. The case is remanded to 26 August 2022 at Durban Magistrate’s Court.
It is important to mention that, DPCI will, as mandated to deal with national priority offences, which include serious corruption, serious commercial crime and serious organised crime, take its place alongside its partners and respond accordingly to the Zondo Commission’s recommendations on State Capture cases which falls within the DPCI’s mandate. The DPCI is part of the joint Task Force to deal with the 172 recommendations requiring law enforcement agencies’ attention. The DPCI is committed to ending impunity for high-level corruption and other crimes in South Africa. Some of the cases already handled before Commission report was released include the following: CASE 44: ESKOM’S KULISE TENDER FRAUD MATTER On 19 December 2019, France Hlakudi, Abram Masango and Hudson Kgomotswane together with seven juristic persons were arrested on the allegations of fraud and corruption at Eskom (Kusile power station project). It is alleged that a tender was fraudulently awarded to a company called Tubular Construction Project (Pty) Ltd (Tubular) for services which were initially part of the tender awarded to Alstom S&E Africa (Pty) Ltd. It is alleged that funds were paid by Tubular to the account of an entity owned by an official from Eskom who was instrumental in the awarding of the tender to the amount of R 745 804 316.25. Extradition of Mike Lomas from UK is pending. The case is postponed to 4 November 2022. CASE 45: BOSASA CORRUPT ACTIVITIES On 6 February 2019, seven suspects between 50 and 78 years including Mr Angelo Aggrizzi and former Commissioner of Correctional Services, were arrested on allegations of corruption, money laundering and fraud. The arrests follows a marathon investigation by the Serious Economic Offences of the DPCI wherein almost R1.6 billion is alleged to have been misappropriated in the tender processes for the procurement of various services by the Department of Correctional Services(DCS). The four tenders were awarded to BOSASA Operations (Pty) Ltd and its affiliated or subsidiary companies. It is alleged that the officials received and accepted gifts in the form of cash, financial assistance in acquiring properties, acquiring motor vehicles from dealers, other assets and payments to travel agents for overseas travel. The case has now been declared by the NPA and is handled by the Investigating Directorate (ID).
CONCLUSION MESSAGE TO FELLOW SOUTH AFRICANS Refuse to be part of corruption. Resist the temptation of demanding drugs. Be vigilant against fraudulent employment promises/opportunities which lead to human trafficking Careful consideration when engaging in online dating sites which culminates to extortion. Fraudsters target unsuspecting victims and siphons money from them in pretext of a relationship. Report any suspicion of impersonation or identity theft-people demanding money in exchange for scrapping cases Desist from assisting unknown people withdraw money from money markets using your identity document as you might be aiding criminal and become an accessory after the fact. Report wrong doing to law enforcement structures In conclusion, the DPCI is committed to ending impunity for high-level corruption and other crimes in South Africa.
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