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Public update by the National Head: Directorate For Priority Crime Investigation, Lieutenant General (Dr/Adv) Godfrey Lebeya (SOEG): third quarter of 2022/2023 financial year
2023/03/10

 

PUBLIC UPDATE BY THE NATIONAL HEAD: DIRECTORATE FOR PRIORITY CRIME INVESTIGATION, LIEUTENANT GENERAL (DR/ADV) GODFREY LEBEYA (SOEG): THIRD QUARTER OF 2022/2023 FINANCIAL YEAR, 17 MARCH 2023

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

INTRODUCTION

Today marks our third public update of the successes achieved by the DPCI.

Fellow South Africans, from the outset, may I indicate that the DPCI arrested at least 803 suspects that were successfully secured before the various courts across the country in the third quarter of this financial year. 229 accused persons were convicted and sentenced which earned them a title of being a criminal. Of these criminals, twelve (12) are sharing seventeen (17) life term imprisonment. These arrests maintains the number of accused persons on the court rolls to more than 11 673. One thousand nine hundred and thirty six (1 936) cases that are under investigations have reached a decision stage and the teams from the DPCI and the National Prosecuting Authority (NPA) are assessing them.

In this brief, I shall only highlight 32 cases which represent 3% of these one thousand and thirty-two (1032) successes.

SERIOUS ORGANISED CRIME: POLICE KILLINGS

The police officers are in the frontline of the fight against criminality. The killing of police officers pose a threat to the inhabitants of the Republic. Noting with disdain the killing of members, the Directorate will continue to ensure that those who commit these atrocious deeds are brought to book.

While twenty six (26) police officials were killed in the third quarter, twenty (22) suspects were, on the other hand, arrested. Six (6) accused persons were convicted 2 and sentenced for these category of crimes. Of these criminals, four (4) were sentenced to life imprisonment. I highlight four cases as follows:

CASE NUMBER 1: TWO KILLERS OF POLICE SENTENCED TO LIFE

On 29 July 2020, Constable Thato Mokhoana (26), an off-duty police officer, was murdered at Mahikeng. The suspects were later arrested. On 04 October 2022, Magano Clouphus Tsatsi (47) and Goitseone Chiwawa Maseng (35) were convicted by the North West Division of High Court of South Africa. The prosecutor urged the court not to deviate from the minimum prescribed sentence, considering the serious nature of the offence. The Judge agreed with the state and further remarked on the devastating impact this murder must have been to the family of the deceased and sentenced each convict to life imprisonment for murder and fifteen (15) years imprisonment for aggravated robbery.

CASE NUMBER 2: DOUBLE MURDERER TO SERVE LIFE TERM

On 25 December 2021, Zingizile Ntokozo Kakana (41) shot and killed his girlfriend Constable Pumla Mabindisa (47) who was attached to Cedarville Police Station. He then went to his other girlfriend Noluyolo Mpumlwana (36) at Maluti and murdered her as well.

The Mbizana based Serious Organised Crime Investigation of the Hawks kept on his trail until his apprehension on 3 February 2022. He was kept in custody for the duration of his trial. He was convicted on 31 October 2022 by Maluti Regional court for double murder, theft of firearm, illegal possession of firearm and ammunition.

On 2 November 2022, the convict was sentenced to 20 years imprisonment for the murder of the police official; life imprisonment for the premeditated murder of his other girlfriend; 15 years imprisonment for theft of firearm; 5 years for possession of unlicensed firearm and 3 years for possession of ammunition.

CASE NUMBER 3: MURDERER SENTENCED TO LIFE JAIL TERM 

On 21 July 2019, Mzuhleli Tshanda (30) and a female person were walking into Spekboom street when they attacked members of Delft SAPS. Constable Songezo Khethiwe sustained fatal gunshot wounds.

Tshanda was immediately arrested after exchange of gun fire with the other police on patrol. He was charged with murder of SAPS official, attempted murder of SAPS officials as well as possession of unlicensed firearm.

On 17 October 2022, the accused was convicted on nine counts by the Western Cape High Court. On 30 November 2022, Tshanda was sentenced to life imprisonment for the murder, 24 years imprisonment for two counts of attempted murder, 40 years imprisonment for 4 counts of attempted murder; 12 years for unlawful possession of a firearm and 5 years for possession of ammunition without license. The sentences will run concurrently with the life imprisonment.

CASE NUMBER 4: FIVE ARRESTED FOR POLICE MURDER

On Sunday, 06 November 2022, just before midnight, an off duty Sergeant Tumelo Patrick Losaba (41), attached to the Rietgat Rapid Rail Police Unit, was shot and killed at his Mabopane home.

The suspects who also committed house robbery, exchanged gunfire with the member and one suspect, Chris Mazeti, a Zimbabwean national and the member died.

A manhunt was launched which resulted in four suspects being arrested around Winterveldt and Mabopane areas. Bongani Mabena, Alias “Rara” (26), Joseph Makhubele alias “Mjozi” (29), Paul Muchesa (32) and Alpheus Ggwamanda (31). A firearm and a stolen television set were seized.

The accused which comprises three Zimbabwean nationals and one South African, have appeared in Garankuwa and Soshanguve Magistrate’s courts on charges of murder, house robbery, possessions of stolen property and an unlicensed firearm. The case is postponed to 16 March 2023.

CASH-IN-TRANSIT ROBBERY

Having noted the report on crime Statistics of fifty seven (57) incidents in the 3rd quarter of 2022/2023, twenty-one (21) arrests were effected with three (3) of those being killed in police and/or security company actions. Nine (9) convictions were secured with a combined sentence of six (6) life sentences and five hundred and eighty-one (581) years imprisonment.

CASE NUMBER 5: THREE MEN SENTENCED FOR 2013 ROBBERY

On the 16 May 2013, four Fidelity guards were accosted by eight armed men in a community hall in Nyanga and robbed of their firearms, cash and cell phones of the community workers.

A shootout with the police ensued. The suspects hijacked a Quantum at Old Klipfontein, Nyanga with school kids inside. They disembarked the schoolkids and fled the scene. One suspect was wounded. Three firearms; a 9 mm Norinco, LM5, a 9mm Beretta and two cell phones were recovered.

On the 13 February 2017 the accused, Siyanda Xawuka, escaped from lawful custody at Khayelitsha court and a J50 warrant of arrest was obtained against him. He was later traced and rearrested.

On the 3 May 2022, Siyanda Xawuka, Dumisani Ngudle and Dumisani Ndolombo were found guilty on fourteen counts of robbery with aggravating circumstances, unlawful possession of firearms and ammunition by Khayelitsha Regional Court.

On 2022-10-24, Xawuka, Ngudle and Ndolombo were sentenced to 31, 36 and 46 years imprisonment respectively. Their respective sentences will run concurrently. They are also declared unfit to possess a firearm. One accused was acquitted while another died while he was out on bail.

CASE NUMBER 6: SIX (6) LIFE SENTENCES FOR ROBBERS

On the 1 August 2019 when security guards were delivering cash at a pension pay-out point at Hibberdene, they were accosted by CIT robbers. A security guard was fatally shot and the suspects fled the scene empty handed.

Six suspects, Thulani Cwele (33), Mpumelelo Ntshangase (47), Bongani Madlala (50), Zenzele Gumede (40), Bheki Ndlovu (45) and Zwanani Cele (34) were arrested. The matter was handled by Port Shepstone based Hawks’ Serious Organised Crime Investigation. An AK 47 rifle with fifteen rounds of ammunition, an R4 rifle with seventeen rounds of ammunition and a 9mm pistol with twelve rounds of ammunition were seized during the arrest. Their bail application was successfully opposed until they were found guilty.

On Monday 28 November 2022, the High Court sitting at Scottburgh, sentenced six (6) armed robbers to life imprisonment for murder, attempted cash-in-transit (CIT), attempted murder and possession of unlicensed firearms as well as ammunition.

Each accused was sentenced to life imprisonment for murder, 15 years imprisonment for attempted robbery, five years imprisonment for three counts of attempted murder, 15 years imprisonment for three counts of possession of unlicensed firearms and three years’ imprisonment for possession of unlicensed ammunition.

CASE NUMBER 7: LIFER GET ANOTHER LIFE PRISON TERM

Between 2018 and 2019, four elderly women were brutally killed from different old age homes around Mpumalanga and Gauteng provinces. John Leonard Du Plooy (32) and Shaun Oosthuizen (42) were arrested for these crimes.

On 07 November 2022, Du Plooy who was already serving two life sentences and 30 years imprisonment was found guilty and sentenced to additional life imprisonment for murder plus 15 years imprisonment for aggravated robbery by the Roodepoort Regional Court. He will serve a total of three life sentences for the murders and 45 years for aggravated robbery.

His co-accused, Shaun Oosthuizen (42) was sentenced to 4 direct life imprisonment plus 80 years imprisonment by the Pretoria Regional Court on 16 May 2022.

ILLEGAL MINING:

CASE NUMBER 8: SIX MEMBERS OF ORGANISED CRIMINAL GROUP ARRESTED

In 2018, the DPCI registered a project "Gillette" for the purpose of conducting an unconventional investigation of a seven-man organised criminal group involved in illegal mining activities. The seven suspects were arrested after gathering sufficient evidence. Evidential material to the value of R500 000 was seized. The suspects are alleged to be buying gold bearing materials from the Zama Zamas, process it and sell it to the next level in the hierarchy.

Six suspects, Bethuel Ngobeni, Nhlanhla Leon Magwaca, Thabo Sechele, Moseki Sechele, Dumisa Moyo and Kudzayi Mashaya were arrested in Carletonville and Khutsong where 13 high performance vehicles and a truck were seized. The multi-disciplianry team consisted of Hawks' Serious Organised Crime Investigation, Gauteng working together with Head Office's Forensic Services, Crime Intelligence, Explosives Unit, Gaubullet and Department of Home Affairs. The team also recovered an unlicensed homemade firearm.

CASE NUMBER 9: TWENTY ONE (21) ILLEGAL MINERS ARRESTED

On 10 October 2022, the North West DPCI Serious Organised Crime Investigation assisted by members of the Hawks' Tactical Operations Section, Special Task Force, National Intervention Unit, District Illegal Mining Task Team, Tactical Response Team, Bidvest Protea Coin, and Harmony Gold mine embarked on an early morning raid at a mine shaft in Stilfontein.

The operation resulted in the arrest of twenty one (21) suspects, namely, Matsitsa Mokhele(28); Letsema William Mpojane (36); Ramonne Moleli (33); Hlompho Dintsha (19); Makatela Motsau (29); Lebalang Mohau (26); Kamohelo Dintsha (27); Motlatsi Fanya (33); Mlaviveli Fakuzi (36); Motlatsi Mpojane (37); Fezekile Fekethiso (29); Thabo Jonase (41); Donald Mbambalala (31); Mokhoele Sekotla (27); Mosiuwa Makutoane (27); Thabiso Mokala (26); Tlalinyane Putswa (21); Prince Eason Dhliwayo (31); Motsoetla Ramokoatse (26); Malefetsane Tshehlana (23); Boyce Mereki Nyokong (40) and the seizure of fifteen (15) AK47s, six (6) hunting rifles, two (2) shotguns and one (1) R5, boxes full of ammunition, explosives and cash. The suspects made their 1st appearance before Stilfontein Magistrate Court on 2023-10-12 facing charges of conspiracy to commit robbery to wit gold, possession of prohibited firearms and ammunition, as well as contravention of the Immigration Act. The case is remanded to 27 March 2023 for Boyce Mereki Nyokong, the buyer, to apply for bail.

THEFT OF FUEL FROM THE PIPELINES

Almost 8.5 million litres of fuel, valued at approximately R102 million was stolen from national Transnet pipes in the last year which led to the arrest of forty nine (49) suspects in the third quarter owing to the multi-disciplinary approach operations which continues to prove to be a working formula. This brings the total number of arrest to two hundred and ten (210) suspects since December 2019 when the crime was classified as a matter requiring the attention of the DPCI. We have also secured the conviction of ten (10) accused persons since. I cite the following example:

CASE NUMBER 10: A KINGPIN ARRESTED FOR THEFT OF FUEL FROM PIPELINE

Fana Nimrod Malambe, an alleged kingpin, Mauro Aurelia Langa a Mozambique national, and Solly Khoza were arrested on the 16 and 19 October 2022, for their alleged involvement in the syndicate linked to the theft of fuel from Transnet pipelines and damage to essential infrastructure in Vrede, Free State. The arrest happened when the suspects were delivering the stolen cargo in Kromdraai, Witbank.

A tanker with fuel which was involved in the incident and five (5) luxury vehicles in Jeep V8 SUV, Jeep Grand Cherokee SUV, Jeep SRT 8, Mercedes Benz Viano Minibus and Toyota Land Cruiser were seized. The four accused will appear at court again on the 14 April 2023.

NARCOTICS RELATED OFFENCES

Four (4) clandestine narcotics laboratories were dismantled in the third quarter where a total of ten (10) suspects were arrested. Various drugs including Mandrax, cocaine, Tik, dagga to the potential economic damage of R23 566 980.00 were seized.

CASE NUMBER 11: TWO DRUG TRAFFICKERS ARRESTED

On 11 December 2022, two Nigerian nationals Isaiah Okoyo and Israel Okeke were arrested on the N1, Bellville, Western Cape. A follow up investigation by the South African Enforcement Narcotics Bureau (SANEB) members of the Hawks together with Provincial Counter Narcotics and Gangs Task Team identified a premises in Bridgeway, Century City which was used as a clandestine drug laboratory. Further search led to the discovery of Cocaine weighing 12kg valued at R 10 800 000.00, 18kg Tik valued R 5 400 000.00 and 2 500 mandrax tablets with an estimated value R 100 000.00 which were seized. These is a potential loss of R16 300 000 of our economy. This case is postponed to 22 March 2023.

CASE NUMBER 12: AN ORGANISED CRIMINAL GROUP CRUSHED

Between June 2021 and July 2022, a project named “Dream On” was conducted at Bethal in Mpumalanga where a drug syndicate was dismantled following the arrest of eight suspects.

The eight members of the organised criminal group, Okereke Valentine Okwudiri (36), Kadima Remy (30), Male Mokoko (34), Mukembani Justin Kasindo (35), Rudi Angle Kishuka (25), Bongiwe Malingela (42), David Enewere (35) and Hassanda Kaluwe (32) appeared before the Bethal Regional Court on 5 December 2022.

The court sentenced one of them, Rudi Angle Kishuka to thirteen years imprisonment for dealing and possession of drugs which was suspended to five years. She was further declared unfit to possess a firearm and the drugs were forfeited to the State.

The case against the other accused was postponed to 3 May 2023 for consultation and they remain in custody.

CASE NUMBER 13: DRUG TRAFFICKERS SENTENCED

On 7 October 2020, information was received of a vehicle traveling from Gauteng to KZN with a large consignment of drugs. An operation was put in place and the vehicle was intercepted on the N3 in the Hilton area. During the search a bag containing 30 000 mandrax tablets with an estimated street value of R1 500 000.00 was found and Zolile Zikalala was arrested.

The accused was found guilty and sentenced to ten (10) years imprisonment or a fine of One Million rands (R1 000 000-00), further five (5) years imprisonment that is suspended for five (5) years.

The R1 000 000 fine is to be paid as follows: R150 000 to be paid by 2022/12/07. R50 000 to be paid before 2022/12/08

R15 000 to be paid on a monthly basis from 2023/02/07 until the whole fine is paid off. The accused was declared unfit to possess a firearm.

May I indicate that we are currently seized with the investigation of 31 organised criminal groups.

PSCI: ASSET FORFEITURE INVESTIGATION

During the three quarters of this financial year, the DPCI through Asset Forfeiture Investigation, collaborated with the AFU and secured seven (7) restraint orders valued at R145 465 736-31; one hundred and one (101) preservation orders amounting to R110 577 379-77; thirteen (13) Confiscation Orders worth R30 916 989-56 and seventy seven (77) forfeiture orders to the value of R34 717 485-98.

CASE NUMBER 14: FORFEITURE ORDER GRANTED IN A CIT MATTER

On 08 October 2020, Wiseman Mbuyazi (33) who was employed by G4S Security Company responsible for replenishment Auto Teller Machines (ATM) stole approximately R3.5 million over a period of two months and fled.

The Hawks’ Serious Corruption Investigation successfully traced and arrested Mbuyazi at his hideout in Ntuzuma, Kwa Zulu Natal. The Hawks’ Priority Crime Specialised Investigation (PCSI) has successfully secured a final asset forfeiture order to the value of just over R1.5 million against the now deceased former G4S security guard Wiseman Mbuyazi(33).

An amount of R80 000 together with a Hyundai Accent allegedly bought with the proceeds of crime were recovered during the arrest. It was further established that he had paid some of the loot into a trust account owned by Attorneys to purchase a house in Cosmo City which he intended to register under his younger brother’s details. Wiseman Mbuyazi was denied bail after numerous attempts and eventually died in prison whilst his theft and money laundering case were still at court.

On 26 October 2022, the Gauteng Local Division of High Court sitting at Johannesburg, granted a final order emanating from a case of theft of R 3.5 million.

CASE NUMBER 15: FORMER TRANSNET EXECUTIVE ARRESTED

On 9 November 2022, the former Transnet Executive Manager, Kenneth Leonardo Diedericks (53); Polyzomba owner Charles Ernest Pretorius (73) and an entity employee, Refiloe Martin (50) were released on R10 000 bail each by the Palm Ridge Magistrates Court on charges of corruption and money laundering.

On 7 November 2022, the suspects were arrested and charged by the Head Office based Hawks' Serious Corruption Investigation.

It is alleged that Pretorius had a five-year R63 million contract with Transnet Freight Rail from 2006 to 2011 to replace turnouts on the coal line in KwaZulu-Natal mainline. When the contract was about to expire, Pretorius submitted a grievance stating that his company was still owed R25 million.

Diedericks unilaterally approved and paid the supposedly outstanding amount. In return, he allegedly received a R300 000 gratification. The matter was postponed to 29 March 2023 for legal representatives and disclosure.

CASE NUMBER 16: ESKOM R500 000 DIESEL THIEF ARRESTED

On 23 December 2022, Angelo Cysman (40), a plant operator employed by Eskom in Atlantis was arrested by the Hawks’ Crimes against the State team of Bellville for allegedly stealing diesel worth R500 000-00.

It is alleged that he permitted a diesel tanker vehicle to collect diesel from the site but pretended that the said vehicles was empty whereas he was aware that the diesel has not been offloaded. The matter has been postponed to the 30 June 2023 at Atlantis Magistrate Court.

SERIOUS CORRUPTION

Corruption continues to surface as one of the biggest threats posed by criminals on our beloved country. It facilitates illicit financial flows which enables money laundering to take place. Although the number of arrests are the lowest from the Serious Corruption Investigation component, it is in line with the number of cases reported. A number of other corruption cases are also appearing in the figures of Serious Commercial Crime Investigation. We have made some strides in these cases that required high level of meticulous investigation.

CASE NUMBER 17: EX-POLICEMAN TO SERVE JAIL TERM

On 5 October 2022, Jerome Claude Hendricks (50) was sentenced by the Mitchell's Plain Magistrates' Court for corruption and dealing in illicit cigarettes following his conviction in June 2022.

This comes after his arrest in February 2011 in Beaufort West after he was found escorting a truck loaded with illicit cigarettes worth more than R495 000-00. At the time of the incident, Hendricks was dressed in full police uniform, driving his private from Pretoria to Cape Town. The truck was stopped and searched resulting in the contraband being seized and the case was transferred to the Hawks for further investigation which has culminated in Hendricks’ sentencing. Hendricks will effectively serve a six year jail term.

TRUTH AND RECONCILIATION COMMISSION INVESTIGATIONS

The TRC Investigations emanate from the conclusions by the Truth & Reconciliation Commission. The dedicated team received 146 cases for investigation which are receiving attention. Four criminal cases are in court; eight cases are before the Inquest court, eighteen cases are pending decision while eight cases have been finalised.

CASE NUMBER 18: THE CASE OF COSAS 4 FOUR IN COURT

It is alleged that in 1982, four youths namely, Eustice Bimgo Madikela, Ntshingo Mataboge, Fanyana Nhlapo and John Musi joined the ANC. They sought advice from Tlhomedi Mfalapitso, an ANC member who was unknowing to the COSAS 4 already working with Security Branch in Vlakplaas. They were lured to an old mine pump house in Krugersdorp which was rigged with explosives. He left them in the house under the pretext that he was going to collect weapons to train them. Upon leaving the house, he gave signal to Security Branch members who detonated the explosives which killed three of the youth and left John Musi injured.

Suspects: Tlhomedi E Mfalapitso (acc 1), Christian S Rorich (acc 2), Willem F Sehoon (died), Abraham Grobbelaar (died), Jan C Coetzee (died) and Joe Mamasela. The case is remanded to the 25 April 2023 for trial date.

SERIOUS COMMERCIAL CRIME INVESTIGATION

CASE NUMBER 19: ALLEGED PACTOA RING LEADERS ARRESTED

Between 2017 and 2022, the Public Assets Community based Tenants and Owners’ Association (PACTOA) in Mthatha illegally invaded a number of properties that belong to Eastern Cape Development Cooperation (ECDC). The association claimed monthly rentals from the tenants for their personal use. The matter was reported to the Hawks in 2019 hence the arrest of the trio. The investigation revealed that ECDC was prejudiced cash to the value of more than R40 million.

The arrested suspects are alleged to have either collected the rental money themselves or have it being deposited into their bank accounts.

The Gqeberha based Serious Commercial Crime Investigation of the Hawks arrested Sicelo Nkqayi (49), Zamikhaya Songca (39) and Bongani Cokplp (44) on 10 October 2022 for charges of fraud alternatively theft. The case is postponed to 3 April 2023 at the Mthatha Specialised Commercial Crimes Court for trial.

CASE NUMBER 20: FORMER ATTORNEY ARRESTED FOR THEFT OF TRUST FUNDS AND FRAUD

It is alleged that in spite of Clement Jos Hooyberg (46) being struck off the roll of attorneys on 15 November 2016, he continued to practice.

In November 2017, a similar charge of theft of trust money was reported at Norwood police station. The Serious Commercial Crime Investigation undertook an investigation. Consequently, the suspect was arrested on 12 February 2020.

The accused, appeared in the Specialised Palmridge Commercial Crimes Court on 08 November 2022, for more than 19 counts of theft and fraud for over R20 million of trust funds. The cases are remanded to 15 May 2023.

CASE NUMBER 21: FORMER ATTORNEY ARRESTED FOR THEFT

On 20 October 2022, Rugaya Van der Schyff (57), a former attorney who was struck off the roll in 2017, was arrested by the Serious Commercial Crime Investigation of the Hawks in Cape Town on charges of fraud and theft in excess of R500 000-00.

She was previously arrested by the Hawks on 28 March 2019 for misappropriating funds from a trust account. She continued to practice after having been struck off the roll of attorneys.

She appeared in court and the case is postponed to 17 March 2023 for transfer to Bellville Commercial Crimes Court.

CASE NUMBER 22: AN ATTORNEY STOLE TRUST FUNDS

During the period between 1999 and 2007, Karl Olinger (64), who practised as an attorney received trust funds on behalf of his clients, but did not use the funds for the intended purpose. This resulted in a number of his clients lodging complaints with East London Serious Commercial Crime Investigation team of the Hawks. The Hawks found that the attorney’s clients including Maletswai Municipality were actually prejudiced in an amount exceeding R467 000.

On 22 February 2022, the accused was declared criminal by the East London Regional Court on charges of theft of trust funds. On 10 October 2022, the court returned a sanction on the convict to 2 years correctional supervision and a further 5 years direct imprisonment which is wholly suspended for 5 years on condition that he is not convicted of theft during the period of suspension.

CASE NUMBER 23: ASSETS BELONGING TO FORMER CEO AND CFO OF MHLATUZE WATER BOARD SEIZED

On the 2 December 2022 the NPA's Asset Forfeiture Unit in KZN, as part of a multi-disciplinary task team comprising of SAPS, the National Clean Audit Task team of the DPCI, seized the assets of several accused persons charged with fraud and corruption in the Mhlatuze Water Board matter to the value of R37 million.

This relates to allegations against Mthokozisi Duze (CEO) and Mthokozisi Duze (CFO) of the Mhlatuze Water Board, as well as Babongile Mnyandu and Sithembelo Ralph Mhlanga (attorney) whose arrest on 29 August 2022 was reflected in the second Quarter.

The assets seized include immovable property located in KZN and Western Cape. Luxury vehicles such including Range Rovers, BMW X6, Mercedes V class, Jaguar and a Harley Davidson motor cycle. The criminal matter is postponed to 6 April 2023 at Durban Specialised Commercial Crimes Court.

One takes it that the Legal Practice Council shall continue to patrol the legal streets to protect the credibility of this honourable profession.

CASE NUMBER 24: SOUGHT FUGITIVE FRAUDSTER ARRESTED

During March 2021, Sweeren Govender (55) pretended to be a Director of Aurum Line (Pty) Ltd, a Personal Protective Equipment (PPE) company which she had no ties with. She lured and misled potential investors to invest into her venture by promising high monthly returns.

A case of fraud was reported against her and the Hawks’ Serious Commercial Crime Investigation pursued the matter which established she faked it all. She was arrested on 7 October 2022, after she had been on the run since 2021.

She stands accused of investment fraud for allegedly swindling victims of an estimated amount of R18 million during 2021. She appeared in the Durban Magistrate’s Court after arrest and the case was postponed to12 October 2022 Palm Ridge Magistrate Court in Johannesburg which has jurisdiction. The case is now postponed to 27 March 2023.

CASE NUMBER 25: TWO FRAUDSTERS FROM DPW ARRESTED

In December 2019, Ditaba Johannes Mokhutle (33), together with Boitumelo Poonyane colluded to steal from Department of Public Works (DPWI) where they were employed. They intended to divert more than R13 million from the Department of Public Works (DPWI) in Bloemfontein to a company known as Waltons Trading Enterprise CC although the company did not render any services to the department.

Poonyane was arrested in August 2021 while Mokhutle (33), was arrested by the Bloemfontein Hawks Serious Corruption Investigation on 17 October 2022. They appeared before the Bloemfontein Magistrates' Court on 18 October 2022 to face charges of fraud and theft. The matter was then reported to the Hawks’ Serious Corruption Investigation for further investigation. The case is remanded to 5 May 2023.

CASE NUMBER 26: AN NPO TO PAY BACK MULTI-MILLIONS

During the financial year 2014/2015, the Eastern Cape Department of Social Development embarked on a project to establish Women Development Resource Centres to create a platform for empowering on skills and market their products. Umnotho Business Consulting, a registered Non-Profit Organisation (NPO) under the directorship of Poovanderen Chetty (44) was irregularly awarded a contract as he was a director in the same department that awarded the tender at the time, failed to disclose his conflict of interest which is contravention of the Public Finance Management Act 1 of 1999.

The conduct was reported to East London Serious Commercial Crime Investigation of the Hawks. It was established that more than R31 million was paid into this NPO from which more than R19 million was used for personal benefit.

On 24 October 2022 Chetty was convicted and sentenced by the Eastern Cape High Court sitting at Grahamstown on charges of acquisition and possession or use of proceeds of unlawful activities. The company was fined R5 million of which R2 million must be paid to the National Treasury within seven days. He is further expected to pay R250 000 for the remaining R3 million with effect from 1st December 2022 and successive payments on the 1st of each month until the remaining balance is paid up.

Chetty was further ordered to pay R19 million within 30 days for him to have his assets released. These assets which include his vehicles, properties that were seized by the Asset Forfeiture Unit were released from AFU for the company to continue with business as usual.

CASE NUMBER 27: FORMER PRECIOUS METALS COMPANY EMPLOYEES REMANDED IN CUSTODY FOR R3 BILLION THEFT

The Johannesburg Serious Commercial Crime of the Hawks secured the attendance of nine accused: Michel Marten (62), Manyanca Vanessa Marten (47), Dirk Auverne Vorster (42), Adele Babs Vorster (41), Mahendra Bennideen (37), Dannisha Bennideen (37), Ritesh Maharaj (41) as well as Samuel Waldron James Thomson (63) and Nicholas Johannes Van Vuuren (58) made their first appearance in the Palm Ridge Specialised Commercial Crimes Court on 25 October 2022 and 6 December 2022 respectively on charges of theft, fraud and money laundering.

The accused comprising of three couples and an individual who worked at Northern Spark Refinery (Pty) Ltd, Northern Spark Security (Pty) Ltd, and Northern Spark Investment (Pty) Ltd where Mr Vorser, Mr Marten and Mr Bennideen worked as the finance officers. It is alleged that the accused stole and laundered the company’s money worth about R3 billion from the corporation’s account into their personal accounts, spouses' accounts and into other company’s accounts that were not in business with Northern Spark (Pty) Ltd from the year 2016 until 2021. The case is postponed to 18 August 2023 and accused are out on bail.

CASE NUMBER 28: THREE KIDNAPPERS ARRESTED

On 13 September 2022 at about 21:00, the 36-year-old victim was kidnapped from his home at Msawana Ngcobo location and taken to Bizana. The suspects had information that the victim received payment from the Road Accident Fund (RAF).

The suspects reportedly forced the victim to withdraw cash from his account and already safely invested in Old Mutual. One suspect accompanied the victim into Old Mutual and the victim alerted the consultant indicating his kidnapped position.

On 10 November 2022, the Hawks' Provincial Kidnapping Task Team arrested three suspects Asiphile Ntshentshe (26), Aphelele Maquthu (21) and Rasta Mnyane (39) in a joint operation with Mbizana SAPS and a white Toyota Etios that was used in the kidnapping was seized as an instrumentality in the commission of the crime.

The case is remanded to 6 April 2023 and the accused are in custody.

CASE NUMBER 29: A DURBAN COUPLE APPEARS ON FRAUD

On Monday 15 November 2022 Hawks members from Durban Serious Corruption Investigation arrested Amanda Lowton (50) and her spouse Mark Lowton (56) for fraud and money laundering.

In 2012 Amanda was employed by one of the big company as an accountant. It is alleged that in 2017 she resigned and her replacement discovered that there were fictitious payments made to the South African Revenue Service (SARS) bank account that was not loaded as SARS beneficiary.

Internal investigation discovered that 248 fraudulent payments to the amount of R122 269 041.98 were made into four bank accounts belonging to Mark. After receipt of funds a percentage was paid to the company's suppliers and the balance of R47 545 616.28 was retained.

They appeared in the Durban Specialised Commercial Crime Court case is postponed to 21 April 2023.

CASE NUMBER 30: THREE ACCUSED SENTENCED TO 15 YEARS IMPRISONMENT FOR DAMAGING ESSENTIAL INFRUSTRUCTURE

On 15 October 2021, overhead Transnet cables were cut-off at Wonderfontein railway lines in Belfast, Mpumalanga province. The accused; Thembinkosi Robert Zwane (36), Saneliso Lucky Shabalala (28) and Musa Twice Mabuza (37) who are Swazi nationals were arrested in October 2021 by the Middelburg based Hawks’ Serious Organised Crime Investigation. They were charged with damaging of essential infrastructure and illegal immigration. He was further ordered to pay R19 million within 30 days for him to have his assets

On 14 November 2022, the Belfast Regional Court meted out a sanction of 15 years direct imprisonment on all three accused plus 18 as well as 14 months imprisonment. The case against the fourth accused Sandile Celamusa Mabuza is postponed to 13 March 2023.

COVID 19 FUNDS

As on 31 December 2022, 259 cases were registered, and now 193 accused persons were charged; 42 court cases finalised with 40 convictions, and 2 acquittal which is 95% conviction rate.

CASE NUMBER 31: 21 TERS FUND FRAUDSTERS IN CUSTODY

In 2020 during the Covid-19 pandemic, three sole directors of three different dormant entities applied for TERS funds from the Department of Employment and Labour for 47, 133 and 141 supposed employees.

The department paid the funds to companies' bank accounts. The funds were allegedly transferred to certain individuals for personal enrichment. The department suffered a total loss of more than R1.4 million due to siphoning activities.

In pursuit of Covid-19 Relief funds looters, the Hawks investigated the matters and warrants of arrests were issued. On 27-29 November 2022, 21 suspects namely, Khotjwe Goodwin Motsei, Irene Mmelesi, Omphentse Sintre Kgomongwe, Kabelo Pooe mokone, Oupa Aaron Mongae,Thapelo Mothibi, Nthando Gladwill Makhambi, Tsoana Gogo Angeline Motsei, Tsoana Gogo Angeline Nhlapo, Elliot Kheswa, Tshepo Dorinton Mohemisa, Mimi Olga Madiboa, Winston Frederick Tokelo Madiboa, Keabetswe Kgomogongwe, Alt-vese Sir-Mone Modiboa, Irwing Ikgopoleng Mongale, Olga Tsholofelo Phetoe, Onalenna Ogechi Phetoe, Percy Mamello Letselela, Khumalo Edwin Sedia, who are aged between 23 and 57 were arrested in Gauteng and North West provinces by the team of Hawks' Serious Commercial Crime Investigation (SCCI) based in North West, Hawks' Tactical Operations Section and Hawks' Priority Crime Specialised Investigation (PCSI).

The case is postponed to 24 March 2023 in Mahikeng District Court to face charges of fraud.

CASE NUMBER 32: FIFTEEN MONEY LAUNDERERS ARRESTED

Chikwa David Maluleke, Joyce Maluleke, Stephinah Mbhombi, Oters Maluleke, Miyelani Maluleke, Nkhesane Maluleke, Solly Ubisi; Thandi Makhuvele (37), Alsina Mkhonto (61), Ignatia Mnisi (36), Given Mzimba (28) and Francis Kipampa were arrested during a multidisciplinary integrated take down operation "Blood Orange" conducted in Mpumalanga, Gauteng and Limpopo provinces respectively by the Mpumalanga based Hawks’ Serious Corruption Investigation, Mpumalanga and Limpopo Serious Organised Crime Investigation and Serious Commercial Crime Investigation, Crime Intelligence, Tactical Response Team and Local Criminal Record Centre during December 2022.

The two main accused Chikwa David Maluleke and Solly Ubisi who were employed as rangers to protect the animals, were previously arrested on 24 April 2022 and charged with corruption, money laundering and fraud linked to wildlife trafficking. They provided tactical information to rhino poaching organised criminal groups in exchange for substantial sums of undue gratification money which were transferred into the bank accounts of the family members.

The case is postponed to 31 May 2023 at Nelspruit Specialised Commercial Crime Court.

CONCLUSION

In a quest to continue with capacitation of our workforce, the Directorate is focusing on filling critical vacant funded posts at all levels. Three Provincial Heads of Mpumalanga, Limpopo and Northern Cape who are Major Generals Mokoena, Jozi and Galawe retired on 31 December 2022 and the following day the new Provincial heads, in the names of Major Generals Gerber, Govender and Mabuela took up their respective positions. We planned the transition six months in advance which allowed, advertisements, selection process, cabinet consideration, Ministerial decision, vetting and a month of familiarisation of the new incumbents before departure of the exiting officers hence a smooth transition that was done on 30 December 2022. We do the same with all other SMS posts. Over and above the appointment of Major General Makinyane, we also appointed 14 Brigadiers who are Malapile, Botha, Klaas, Mannie, Hange, Bergh, Mapyane, Moos, Malindi, Bosman, Potelo, Ramoutar, Du Plooy, Munzhedzi, and Mulligan since the last media brief. We intends to fill the remaining last ten (10) posts soon. We are finalising the selection process. We have also approved the appointment of 263 members on 1 March 2023. The Directorate will also continue to provide skills and development to members through local and international courses and workshops.

The Directorate will over and above the existing priorities, focus of FATF compliance obligations, collaboration with other agencies both at national and international level, and investigation of matters emanating from the State Capture report. We urge the community to continue to support our endeavours in creating a safe and secure environment for all in South Africa.

The DPCI shall continue to execute its work without fear, favour or prejudice as the law dictates.

I THANK YOU