Feedback on High Profile Cases - Parliamentary Monitoring ...

FEEDBACK ON HIGH PROFILE CASES TO THE PORTFOLIO COMMITTEE ON POLICE

06 MARCH 2019

Presented by Lieutenant General (Dr/Adv) SG Lebeya

National Head: Directorate for Priority Crime Investigation (DPCI)

Presentation overview

1. Recent developments within the DPCIs structure and capacity

Workforce Profile

Recent appointments within the DPCI

Review of personnel plan between the DPCI and the Detective Service

Progress with the Establishment of the Narcotics and Firearm Units

Progress with the establishment of the South African Narcotics Enforcement

Bureau (SANEB)

2. Status on Selected High Profile cases

Serious Corruption Investigation

Serious Commercial Crime investigation

Serious Organised Crime Investigation

3. Highlights of successes

CURRENT WORKFORCE PROFILE

3

TOTAL

• Police Act: 1724

• PSA: 749

• TOTAL: 2 473

National / Provincial Head

office

• Police Act: 40

• PSA: 16

Serious Commercial Crime

• Police Act: 393

• PSA: 123

Serious Organised Crime

• Police Act: 797

• PSA: 193

Serious Corruption

• Police Act: 193

• PSA: 38

Priority Crime Specialised

Investigation

• Police Act: 70

• PSA: 67

Priority Crime Management

Centre

• Police Act: 135

• PSA: 31

Integrity Management

• Police Act: 27

• PSA: 20

Support Service

• Police Act: 69

• PSA: 261

4

RECENT APPOINTMENTS WITHIN THE DPCI

The diagram below, provides an overview of some of the appointments that have been made in the

DPCI:

Post Promotion

224 posts

advertised

• 205 personnel

appointed

• 143 promoted

within the DPCI

62 appointed

from out of the

DPCI

• 19 withdrawn

Internal

Advertisement

11 posts

advertised

• 5 appointed

• 3 accepted and

2 declined (they

were already

appointed

elsewhere

• 6 posts

withdrawn (not

having skills)

External

Advertisement

• 20 posts

advertised;

• 18 Brigs and 2

Maj Genls,

• 11 appointed and

9 withdrawn

• 9 Brigs appointed

• 2 Maj Genls (GP

and EC)

advertised & still

to be appointed

Office of the

National Head

• 6 advertised

and 3 appointed

• One filled lateral

• Two withdrawn

Reenlistment

• 9 recommended

and 4 approved

5

Review of personnel plan between the DPCI and the Detective Service

PMG Report dated 27 November 2018, page 7

“It was agreed that the resource plan for DPCI would be reviewed to deal with the

personnel plan and technology requirements and this would be part and parcel of the

resource review and physical resource requirements. This included the replacement of

DPCI capacity, which may have been displaced.”

The DPCI, forms part of the SAPS team, that is currently developing the Resource

Management Strategy.

The National Head of the DPCI and the National Commissioner of SAPS have identified 30

members to be seconded to the DPCI.

• Phase one: Ten members, seconded by 1 March 2019.

• Phase two: Twenty members to be seconded by 31 March 2019

The final draft structure of the DPCI and Fixed Establishment is to be consulted with labour,

the Ministers of Police and DPSA

6

Progress with the Establishment of the Narcotics and Firearm Units

PMG Report 27 November 2018, page 6

“Have the illegal firearms and narcotics specialised units within the DPCI been signed-off by

the SAPS Human Resources, or were they still in the form of task teams? The Chairperson

asked for confirmation that the two specialised units, as announced by the former President

three years ago, would be up and running by the end of January 2019.”

• The National Bureau for Illegal Firearms Control and Priority Violent Crime (NBIFCPVC) and

the South African Enforcement Bureau (SANEB), are still operating in a form of Task Teams

pending the finalisation of the structure and fixed establishment for the DPCI.

• This presentation will further outline the developments regarding the implementation of the

structure and the operational performance by the respective units.

• As an example, Organisational Development (OD) of the SAPS was engaged regarding the

current structure and capacity of the National Bureau for Illegal Firearms Control and Priority

Violent Crime and has worked in the proposed fixed establishment as follows:

7

Current Capacity at the National Bureau for Illegal Firearms Control and Priority Violent Crime (NBIFCPVC)

CURRENT CAPACITY (WORKFORCE)

Business

Unit

SALARY LEVELS

SAPS ACT PSA

13 12 10 8 7 6 5 PSA 8 PSA 7 PSA 5 Total

HO 0 2 5 4 4 0 0 0 1 1 17

EC 0 1 1 9 17 6 0 0 0 1 35

FS 0 0 0 6 8 3 0 0 0 0 17

GP 0 0 6 9 34 3 2 0 0 1 55

KZN 0 0 2 11 20 4 0 0 0 1 38

LIM 0 0 1 6 6 3 0 0 0 0 16

MP 0 0 1 2 3 3 0 0 0 0 9

NC 0 0 1 3 1 1 0 0 0 0 6

NW 0 0 0 5 10 1 0 0 0 0 16

WC 0 1 1 5 2 10 3 0 0 1 23

Total 0 4 18 60 105 34 5 0 1 5 232

8

Proposed Fixed Establishment for the National Bureau for Illegal Firearms Control and Priority Violent Crime (NBIFCPVC)

PROPOSED FIXED ESTABLISHMENT

BUSINESS

UNIT

SALARY LEVELS

SAPS ACT PSA

13 12 10 8 7 6 5 PSA 8 PSA 7 PSA 5 Total

HO 1 3 9 12 15 0 0 1 3 3 47

EC 0 1 6 14 36 33 0 0 4 5 99

FS 0 1 6 12 32 27 0 0 4 3 85

GP 0 4 11 26 70 60 0 0 4 10 185

KZN 0 3 12 26 47 44 0 0 6 5 143

LIM 0 1 5 9 26 26 0 0 3 3 73

MP 0 1 5 14 28 20 0 0 3 2 73

NC 0 1 3 3 11 8 0 0 3 1 30

NW 0 1 6 12 32 27 0 0 4 3 85

WC 0 4 10 21 32 30 0 0 4 5 106

Total 1 20 73 149 329 275 0 1 38 40 926

Progress with the establishment of South African Narcotics Enforcement Bureau (SANEB)

NATIONAL STRATEGIC FOCUS AREAS FOR THE SOUTH AFRICAN

NARCOTICS ENFORCEMENT BUREAU (SANEB)

SANEB adopted a threat-based and integrated approach to more effectively and

holistically address the entire drug supply chain by focussing on the following core

operational areas:

• Drug Outlets

• Illicit Cultivation

• Illicit Production/Manufacturing

• Couriers

• Drug Trafficking Networks

• Chemical Monitoring

• Emerging trends ( any threat that we may not be aware of such as new chemicals and

new concealment methods)

10

SANEB

CURRENT AND ENVISIONED CAPACITY

An interim capacity has been placed at National and Provincial level. The DPCI together

with the Component: Organisational Development is in the process to optimise the

capacity of the units.

DESIGNATED

OFFICE

CAPACITY ENVISIONED

Head Office 11 38

Eastern Cape 20 147

Free State 12 60

Gauteng 21 163

KwaZulu-Natal 35 164

Limpopo 7 75

Mpumalanga 8 64

Northern Cape 8 72

North West 11 71

Western Cape 10 123

TOTAL 143977 11

Insight into a Drug Value chain

12

DRUG DISTRIBUTION (LOCAL, PROVINCIAL) INTERNATIONAL MARKET

Level 1 Level 2 Level 3 Level 4 Level 5

DRUG OUTLETS

Runners

Local suppliers

Clubs

Street

dealers/dens

REGIONAL

DISTRIBUTORS

Storage and

warehousing

Distributors/

wholesalers

Main entry/ exit

routes

Individuals and

drug syndicates

supplying at local,

provincial and

inter-provincial

Target mules,

couriers,

middlemen

NATIONAL

DISTRIBUTORS

syndicates

including high

flyers supplying

drugs across the

country

Storage and

warehousing

Distributors/

wholesalers

Main entry/ exit

routes

PRODUCERS AND

MANUFACTURERS

Domestic Drug

Labs

Precursor chemicals

market

Drug components

Cannabis

cultivation

Hydroponic

cannabis labs

INTERNATIONAL

DRUG TRAFFICKING

Importing &

Exporting

Consignments &

Financing

International

Couriers/mules

Serious Corruption InvestigationsAnti-Corruption Task Team

14

Case number Bedfordview CAS

85/02/2017 Background of case

• The case was reported on the 7th November 2013 by

Nicholas Gordon Alp an attorney acting on behalf of MTN.

• On 15 May 2015 an enquiry was registered and converted

into a case docket on 27 February 2017.

• The allegations investigated are that MTN allegedly

irregularly won a tender to operate a Global System for

Mobile (GSM) communications license in Iran following

bribery of certain public officials of the Iranian government.

• The contract was awarded on the 25th November 2005.

• The allegations are further that, the former South African

ambassador to Iran at the time used his influence and

proximity to Iranian politicians, to have the tender awarded

to MTN instead of the winning bidder Turkcell.

• A warrant of arrest was issued and extradition process

initiated.

• Search and seizure was executed on the 01st June 2018 at

MTN and their attorney’s offices.

• An affidavit was received from the SAPS Digital Forensic

Laboratory with regards to the mirror imaging of electronic

information in terms of the search warrant, on the 21st

February 2019.

Offence Corruption

Foreign Bribery

Loss involved US$31.6 Billion

Persons/Entity

involvedMTN Group

Former

Ambassador to

Iran, Yusuf

Saloojee and

others

Status of case First Appearance:

14/02/2019

Remand date:

17/04/2019

Number of

statements

43

SERIOUS CORRUPTION INVESTIGATION

MTN (1a)

15

Case

number

Bedfordview CAS

85/02/2017

Current status

The retired former ambassador to Iran, Yusuf Saloojee (75) was

arrested on 14 February 2019 and subsequently made a brief

court appearance at the Johannesburg Specialised Commercial

Crimes Court facing charges of corruption.

The suspect has been a subject of the investigations, following

allegations that he allegedly partook in deceitful corrupt

activities with Iranian officials.

He was allegedly involved facilitating the reversal or cancellation

of a cell phone operating licence awarded to a Turkish mobile

company Turkcell by the government of Iran which was later

handed to MTN South Africa.

The suspect allegedly pocketed R1.4million for his role, the

money was deposited into an account of a firm of attorneys.

The alleged payment was used towards the purchase of property

in Pretoria.

The court has granted the accused R4 000 bail and the matter has

been postponed to the 17th April 2019, for representations.

Offence • Corruption• Foreign Bribery

Loss

involved

US$31.6 Billion

Persons/

Entity

involved

MTN Group

Former

Ambassador to

Iran, Yusuf

Saloojee and

others

Status of

case

First Appearance:

14/02/2019

Remand date:

17/04/2019

Number of

statements

43

SERIOUS CORRUPTION INVESTIGATIONMTN (1b)


AgriBEE Fund (1a)

16

Case number Brooklyn CAS

300/11/2008;

431/08/2011;

544/09/2012;

884/07/2013

Background of case

The AgriBEE fund is a project approved by Parliament, managed

and administered by the Land Bank as an external agency on behalf of the

National Department of Agriculture.

The AgriBEE fund received R100 million to award grants to previously

disadvantaged individuals, for investment in equity (expansion of

existing and rehabilitation of enterprises which are struggling financially)

an in Small, Medium and Micro Enterprises within the Agricultural sector

with the focus on skills development and mentorship.

Guidelines regarding applications for funds from the AgriBEE was set out

in the AgriBEE Operational Manual. Various entities and persons received

AgriBEE grants of which some was legitimate.

In addition, Politicians, individuals and government officials that did

not qualify for grants under the Operational Manual also received grants

and enriched themselves without promoting the objectives of the AgriBEE

fund.

Currently there are three cases before court. The investigation on the

fourth case has been finalised and a charge sheet is in the process of

being drafted.

Offence Fraud and

Corruption

Loss involved R40 million

Persons/

Entity

involved

Land Bank/

Department

of Agriculture

17


300/11/2008Background of case

Various payments of the AgriBEE Fund were made to the

trust account of an attorney in an illegal, dishonest and

fraudulent way on instructions of the former CEO of the

Landbank, Mr Mohlahlane (accused 1) for his own benefit

and to the benefit of a former Gauteng MEC of Housing, Mr

Dan Mofokeng (accused 2) to purchase inter alia property,

farms and vehicles:

The following payments were made: R 7,000,000-00 – accused 1 R 9,000,000-00 – accused 1 R 4,000,000-00 – accused 1 R 3,500,000-00 – accused 2 R 3,000,000-00 – accused 1 & 2

Current status

The case has been postponed to the 14th March 2019 for

the determination of the application in terms of Section 174

of the Criminal Procedure Act, 1977 (Act No 51 of 1977)

Offence Fraud and Corruption

Loss involved R26.5 million

Persons/Entity

involvedLandbank /

Department of

Agriculture / A former

Land Bank CEO, Mr

Mohlahlane

and a former Gauteng

MEC of Housing,

Mr Dan Mofokeng

Status of case First Appearance

01/03/2011

Remand date

14/03/2019


AgriBEE Fund (1b)

18

Case number Brooklyn CAS 431/08/2008 Background of case

An employee of the National Department of

Agriculture and the fund manager of the AgriBEE

fund approached a recipient of an AgriBEE grant and

convinced him to deposit R2 million into a trust

account of an attorney in Witbank, stating that the

funds was for another AgriBEE project.

The attorneys received R100,000-00 as fees and the

remainder was split between the employee of the

National Department of Agriculture, Mr Sondaga

Samuel Malatji and the AgriBEEfund manager.



Persons/

Entity

involved

Land Bank /

Department of Agriculture /

Sondaga Samuel Malatji, former

Acting Chief Director:

Cooperatives and Rural

Enterprise Development in the

Department of Agriculture,

Forestry and Fisheries and his

wife, Sarah Malatji.

Status of case First Appearance:

26/09/2011

Matter started de novo13/10/2016


AgriBEE Fund (1c)

19

Case

number

Brooklyn CAS

431/08/2008Current status

• The State closed its case on 20 February 2013. • The accused brought a section 174 application to be discharged

on all charges. • The s174 application was dismissed, where after they applied to

the North Gauteng High court to have the decision to dismiss

the s174 application reviewed. • The North Gauteng High Court dismissed the defence’s

application on 14 August 2014, where after the matter was set to

continue trial on 21 November 2014 for the defence to present

their case.• Due to certain observations by the Judge, the magistrate

decided to recuse himself from the case on 21 November 2014. • The accused was summoned to appear again in court on 27 July

2015. • The matter was postponed for a permanent stay of prosecution

in terms of section 342(A) of the Criminal Procedure Act 51 of

1977. Arguments were heard on 23 February 2016 in respect of

the permanent stay of prosecution application. • Judgment was on 15 June 2016, when the application was

dismissed. The matter started de novo on 13 October 2016 in the

SCC Court, Pretoria. • The s204 witness has testified, where after the matter was

postponed to 8 and 10 May 2019 for the trial to continue.


Loss

involved

R2 million

Persons/

Entity

involved

Land Bank /

Department of

Agriculture / Sondaga

Samuel Malatji, former

Acting Chief Director:

Cooperatives and Rural

Enterprise Development

in the Department of

Agriculture, Forestry and

Fisheries and his wife,

Sarah Malatji.

Status of

case

First Appearance:

26/09/2011

Matter started de novo

13/10/2016

Remand dates:

8/05/2019

10/05/2019


AgriBEE Fund (1d)

20



• 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 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.

• This was made possible after Mohlahlane instructed

the fund manager to transfer the funds, after he made

it seem like it was an urgent ministerial instruction

for a ministerial project.

Offence Fraud and Money

Laundering


Persons/

Entity

involved

• Philemon Mohlahlane,

a former Land Bank

CEO;• Ruben Mohlaloga, a

former member of

parliament; and • Dinga Rammy

Nkhwashu, an

attorney

Status of

case

First Appearance

10/10/2012

Sentenced on the

14/02/2019


AgriBEE Fund (1e)

21

Case

number

Brooklyn CAS

544/09/2012Current status• The investigating team presented a watertight case in the

subsequent trial which resulted in the trio being found

guilty by the Pretoria specialised court in January 2018 on

charges of money laundering and fraud.• The team further worked closely with the Asset Forfeiture

Unit (AFU), to ensure that assets acquired through the

proceeds of crime valued at approximately R3.2million

were recovered. • These included the Schuinshoek farm as well as a luxury

BMW vehicle.

All three accused were found guilty and sentenced as

follows: Former Land Bank CEO Philemon Mohlahlane; seven years

jail term Ruben Mohlaloga, a former Member of Parliament; twenty

years jail term Dinga Rammy Nkhwashu an attorney, twenty–four years.

An application for leave to appeal against the conviction was

dismissed whilst an application for leave to appeal against the

sentence was granted for all three accused who have all been

granted bail ranging from R30 000 to R100 000 pending the

appeal.

Offence Fraud and Money

laundering

Loss

involved

R6 million

Persons/

Entity

involved

• Philemon

Mohlahlane, a

former Land Bank

CEO;• Ruben Mohlaloga,

a former member

of parliament; and • Dinga Rammy

Nkhwashu, an

attorney

Status of

case

First Appearance

10/10/2012

Sentenced on the

14/02/2019


AgriBEE Fund (1f)

22



• Two entities received a total of R10,8 million as grants from the AgriBEE Fund on verbal instruction from the CEO of the Landbank and the special advisor to the then Minister of Agriculture.

• The correct procedures were not followed in approving these grants. The two entities were controlled by the same two individuals.

Current status• Investigation is on going.

Offence Fraud and

Corruption


Persons/Entit

y involved

Land Bank /

Department of

Agriculture /

Hlalala Energy

Corporation &

Lemang

Investments

Number of

statements

40

Status of case Matter under

investigation


AgriBEE Fund (1g)

23

Case

number

Durban Central CAS


• On 23 August 2003 the then National Director of Public

Prosecutions (NDPP) announced the prosecution of

Schabir Shaik.

• Although there was a prima facie case against the former

President of South Africa, there was no reasonable

prospect of a successful prosecution.

• Mr Shaik’s trial started on 11 October 2004 and concluded

on 8 June 2005.

• He was found guilty on charges of Corruption and Fraud.

Offence Fraud, Corruption, Money

Laundering and Racketeering

Loss

involved

R30.5 billion

Persons/

Entity

involved

Department of Defence

Mr Schabir Shaik / Thales

South Africa (also known as

Thint & Thomson-CSF) and

Former President JG Zuma


Schabir Shaik/Former President, JG Zuma/Thint Holding (1a)

24

Case

number

Durban Central

CAS

1941/08/2003

Background of case

• On 23 August 2003 the then National Director of Public Prosecutions

(NDPP) , announced the prosecution of Schabir Shaik.

• Although there was a prima facie case against the former president of

South Africa, President JG Zuma, there was no reasonable prospect of

a successful prosecution.

• On 29 June 2005, the former President JG Zuma & Thales South

Africa were charged.

• The matter was struck from the court roll on 20 September 2006 when

the State requested a postponement.

• •On 27 December 2007 charges of corruption were re-instated

against the former President JG Zuma & Thales South Africa

• •On 6 April 2009 all charges were withdrawn.

• •On 16 March 2018 charges of corruption and racketeering were

instituted against the former President JG Zuma & Thales SA

• •On the 6th April 2018 the accused appeared in court and the case was

postponed to 8th June 2018, 27th July 2018 and 30th November

2018, respectively.

Offence Fraud,

Corruption,

Money

Laundering and

Racketeering

Loss

involved

R30.5 billion

Persons/

Entity

involved

Department of

Defence

Mr Schabir Shaik

/ Thales South

Africa (also

known as Thint

& Thomson-

CSF) and

Former

President JG

Zuma


Schabir Shaik/Former President, JG Zuma/Thales South Africa (1b)

25

Case

number

Durban Central CAS

1941/08/2003Current status

This will be the 5th appearance in court on this 16 years old docket.

On 30th November 2018 the Deputy Judge President, Mr Justice M

Madondo made the following order as agreed by the State and the

accused:

• The State shall have supplied the accused (1 & 2) with the

requested documents on 7 January 2019; documents were

made available to the former President JG Zuma’s defence on 7

January 2019 as ordered by the court.

• Accused 1 shall supplement his founding papers by 7 February

2019;

• The State shall deliver its answering papers by 1 March 2019;

• The accused (1 & 2) shall deliver his replying papers by 1 April

2019;

• The accused (1 & 2) shall deliver their heads of argument by 18

April 2019; and

• The State shall deliver its heads of argument by 10 May 2019.

• Arguments regarding the permanent stay of prosecution

application will be heard between 20-23 May 2019 in the

Pietermaritzburg High Court.

Offence Fraud, Corruption,

Money Laundering

and Racketeering

Loss

involved

R30.5 billion

Persons/

Entity

involved

Accused 1:

Former President

JG Zuma

Accused 2: Thales

South Africa (Pty)

Ltd

Status of

case

Remand date

20/05/2019

23/05/2019


Schabir Shaik/Former President, JG Zuma/Thales South Africa (1c)

26

Case

number

Mmabatho CAS


• A company known as Agridelight entered into an agreement with

the North West Department of Rural Environment and

Agricultural Development (“the Department”) as an

implementing agent for the Department.

• It is alleged that the Department would pay money to Agridelight

for no work done; of which at times the director of Agridelight

would be directed by the officials to transfer monies into their

accounts and/or those of their preferred companies.

• Thus far, investigation has established that the Department made

payments of approximately Six hundred and four million forty

eight thousand eight hundred and twenty eight rand and eighteen

cents (R604,048,828-18) into the bank account held by Agridelight.

• It is alleged that the said amount was then transferred to different

companies or individuals and did not benefit the people of North

West.

• Some of the companies and their directors who received payments

via Agridelight’s bank account did not have business relationships

with Agridelight.

• Investigation is ongoing.

Offence Fraud, money

laundering and

corruption

Loss

involved R604 048 828.18

Persons/

Entity

involved

1. Agridelight

2. Department of

Rural

Environment and

Agricultural

Development,

North West

Status of

case

Matter is under

investigation

Number of

statements

242


Agridelight (1a)

27

Case

number

Durban Central CAS 1538/01/2009, linked to

Pietermaritzburg (PMB)CAS 626/01/2010 and

151/08/2010

Background of case

The matter refers to the installation of

water purification systems on 20 plants

• False invoices were submitted for

payment and tenders were approved

without following the proper

procedures.

• The investigation was finalised in

2012, however there has been

postponements at court since

February 2014.

• The case has been postponed on 12

month intervals since

2015,2016,2017,2018.

• There are eight accused's appearing in

this matter.

Offence Fraud and/or Uttering, Theft, Corruption, c/o the

Companies Act.

C/o the Municipality Finance Management Act

(MFMA) & Money Laundering

Loss

involved

R77.1 million: Durban Central 1538/01/2009

R10 million: Pietermaritzburg 626/1/2010


Persons/

Entity

involved

Durban Central

CAS 1 538/

01/2009• Department

of local

government• Gaston

Savoi• Sipho

Shabalala• Beatrice

Shabalala• Sandile

Khuboni

PMB CAS

151/08/2010

• Gaston

Savoi• Busisiwe

Nyembezi

PMB CAS

626/01/2010• Gaston Savoi• Alson

Buthelezi• Victor

Ntshangase• Busisiwe

Nyembezi• Fernando

Praderi


Installation of water purification systems (1a)

28

Case number Durban Central CAS 1538/01/2009, linked to

Pietermaritzburg CAS 626/01/2010 and

151/08/2010

Current status

In Pietermaritzburg CAS

626/01/2010, two suspects were

sentenced on the 29 September

2011, to a fine of R100 000 or 8

years imprisonment, half of the

sentence was suspended and the

accuseds became state witnesses.

The matter has been remanded to

the 11th March 2019

Offence Fraud and/or Uttering, Theft, Corruption, c/o

the Companies Act.

C/o the Municipality Finance Management

Act (MFMA) & Money Laundering

Loss

involved

R77.1 million: Durban Central 1538/01/2009



Status of

case

First Appearance

20/10/2010

Remand date

11/03/2019

Number of

statements

90


Installation of water purification systems (1a)

Serious Corruption InvestigationsAnti-Corruption Investigations

30

Case

number

Sunnyside CAS 170/12/2017 Background of case

On 2017-12-05; a case of Fraud was opened against

Systems Applications Products South Africa (Pty)

Ltd (“SAP SA”) for the contravention of section

214(1)(c) of the Companies Act, 2008 (Act No. 71 of

2008). In that SAP SA failed to disclose the income of

their turn over and failure to conduct their business in

line with the Act.

An enquiry was also opened as per DPCI H/O Enq

11/10/2017 relating to Fraud and Corruption against

SAP SA for procuring contracts from Transnet and

Eskom respectively. It is alleged that the deals into

these contracts were brokered by two companies

known as CAD House (Pty) Ltd and Global Softech

Solutions (Pty) Ltd. The contracts are alleged to be in

respect of:• Provision of HANA Enterprise Software that was

signed on or about 23 December 2014; and• Provision of Innovation Solution (Simple Finance,

Fraud Management) Software that was signed on or

about 30 September 2015.

Offence Fraud, Corruption and

Money Laundering

Loss

involved

R100 million

Persons/

Entity

involved

SAP/ suspected family


State Capture (1a)

31

Case

number

Sunnyside CAS


It is further alleged that both companies [CAD House and Global

Softech Solutions] received gratifications from SAP SA; of which

SAP SA calls it commissions amounting to R106 million (of which

CAD House received R99 million and Global Softech Solutions

received R7 million.

Current status

Three statements outstanding

A report on the financial analysis is outstanding

Offence Fraud,

Corruption and

Money

Laundering

Status of

case

Matter is still

under

investigation

Number of

statements

43


State Capture (1b)

32

Case

number

Sandton CAS

507/09/2017

&

966/09/2017

(State Capture)

Background of case

On 2017-09-15, a case of fraud, corruption and Money Laundering

was opened relating to the pre-payment made by Eskom to Tegeta

for the purchasing of Optimum Coal Holdings (Pty) Ltd (“OCH”)

amounting to six hundred and fifty nine million five hundred and fifty

eight thousand and seventy nine rand thirty eight cents (R659, 558,

079.38). It is alleged that the Bank of Baroda played a key role in the

facilitation of the funds to purchase OCH.

It is further alleged that huge amounts were also transferred to the

Bank of Baroda in an alleged misuse of the Rehabilitation Trust

Fund of the Koornfontein Fund to the amount of two hundred and

eighty million rand and an additional amount of one billion four

hundred and sixty nine million nine hundred and sixteen thousand

nine hundred and thirty three rand sixty three cents (R1, 469, 916,

933.63) which were transferred to a Bank of Baroda account upon an

instruction from a certain family and/or associates.

Current status

• Awaiting further information requested from the Bank of Baroda.• Awaiting the Forensic Report.

Offence Fraud,

Corruption

and Money

Laundering

Loss

involved

R2.4 billion

Persons/En

tity

involved

Eskom and

Tegeta /Trillian

& Mckinsey

Number of

statements

810

Status of

case

Matter still

under

investigation


Eskom & Tegeta/Trilian & Mckinsey (1a)

33

Case number Wierdabrug CAS

548/12/2016

Background of case

On 2016-12-21; a case of Fraud, Corruption and Money

Laundering was opened against Homix (Pty) Ltd and/or

its directors for utilising Homix as a conduit for Money

Laundering to support a certain family and associates.

A number of companies transferred large sums of money

to Homix, who then transferred same to Hong Kong to

two companies namely: YKA International Trading

Company and Morning Star International Trade.

Current status

• A warrant of arrest was issued against one suspect. • A request was sent to National Treasury for the

appointment of a Forensic Firm to assist with the

financial analysis.


Money Laundering


Persons/Entity

involvedYKA International Trading

Company and Morningstar

International Trade

Homix (Pty)Ltd

Status of case Matter still under

investigation

Number of

statements

33


State Capture: Homix (1a)

34

Case number Park Road CAS


• A company known as Estina entered into an

agreement with the Free State Department of

Agriculture to establish, implement and manage a

Dairy Project in Vrede to benefit previously

disadvantaged persons in the Vrede area.

• In terms of the agreement Estina was to provide a

capital injection of two hundred and twenty eight

million rand (R228 million); of which that never

happened.

• It has been established that the said amount was then

transferred to the Bank of Baroda and thereafter paid

to Oakbay Investments , other different companies

and individuals and not the Vrede Dairy Project.

• These latter companies and their directors did not have

any business relationship with Estina or the Vrede Dairy

Project.

• Eleven accused persons appeared in court in

Bloemfontein.


Money Laundering

Loss

involved

R283 million

Persons/

Entity

involved

Estina / Vrede Dairy

Project/ Linkway

Trading

Mr Mbana Peter

Thabethe,

Dr Takisi Jankie

Masiteng,

Ms Seipati Dhlamini,

Mr Kamal Vasram,

Ms Ronica Ragavan,

Mr Ashu Chawla,

Mr Nazim Howa; and

Mr Varun Gupta


Estina (1a)

35

Case number Park Road CAS

200/07/2017;

Randburg CAS

482/07/2017;

Vrede CAS

14/07/2017;

Current status• The complainant in his affidavit alleges that an amount

of eighty four million rand was transferred to Estina by

the Department of Agriculture in the Free State Province.

• The complainant further alleges that the said funds were

meant to be spent on a Vrede Dairy Project; of which out

of the said amount, an amount of thirty million rand

was later transferred to a company known as Linkway

Trading.

• Linkway Trading later used the money to host a wedding

of a certain family that took place in Sun City.

• The case has been provisionally withdrawn.

• Awaiting Mutual Legal Assistance feedback from both

India and United Arab Emirates.


Money Laundering


Status of the

case

The case has been

provisionally

withdrawn

Number of

statements

323


Estina (1b)

36

Case number Johannesburg

Central CAS

384/06/2017

Background of case

On 2017-06-09, a case of fraud, corruption and money

laundering was opened relating to the procurement of 1 064

locomotives; of which 465 are diesel locomotives and 599 are

electric locomotives.

It is alleged that a Transnet Special Board Committee ceded

its powers to a sub-committee known as the Board Acquisition

and Disposal Committee (BADC) to approve the tender for the

acquisition of the said locomotives. The tender was then

awarded to Bombadier and China South Rail who then inflated

the prices. They also failed to deliver the trains, however the

State paid the funds.

It is further alleged that the business case amounted to R38, 6

billion; of which the same amount was suspected to have been

inflated. A further inflated amount of R15, 5billion was added

and the total amount arose to R54, 1billion.

Current status

The complainant’s statement from Transnet regarding the

relocation is outstanding.

Offence Fraud, Corruption

and Money

Laundering

Loss involved R54.1 billion

Persons/

Entity

involved

Transnet

Number of

statements

94

Status of

case

Matter still under

investigation


Transnet (1a)

37

Case number Sandton CAS

413/07/2017/,

779/12/2017 and

452/05/2018

Background of case

On 2017-06-22, a case of fraud and corruption was reported

against a company known as Impulse International which had

received contracts and/or tenders from Eskom through internal

influence.

Current statusInvestigation is ongoing

Offence Fraud, Corruption

and Money

Laundering


Persons/

Entity

involved

Eskom/ Impulse

International


investigation

Number of

statements

42


Eskom/Impulse International (1a)

38

Case number DPCI HO Enq

7/08/2018Background to case

The allegations in this matter relate to the VBS Mutual Bank

investigation which was reported by the South African Reserve

Bank (SARB) after forming an opinion that VBS Mutual Bank (“VBS”)

was in financial difficulties and as such would be unable to repay,

when legally obliged to do so, deposits made with VBS.

On 11 March 2018, the Minister of Finance, acting within the

powers conferred upon him in terms of section 81 of the Mutual

Banks Act, read with section 69 of the Banks Act, 1990 (Act No. 94

of 1990) appointed a curator to VBS.

On 4 July 2017, the board of directors for VBS approved financial

statements for the year ending 31 March 2017; which were then

submitted to South African Reserve Bank (SARB.

The SARB alleges that at the time of the approval of the Annual

Financial Statements by the board of directors for VBS, they were all

aware that the statement of financial position contained in the

Annual Financial Statements was false and that VBS was in truth

insolvent as at 31 March 2017.

Current status• Investigation is ongoing.

Offence Fraud and/or

Uttering, Theft,

Corruption, c/o the

Companies Act and

Money Laundering

Loss involved To be determined

Persons/Entit

y involvedVBS Mutual Bank/

Different

Municipalities

Number of

statements

143


investigation


Venda Building Society (VBS) (1b)

39

Case number DPCI HO Enq


• A case was reported and opened for the contravention of

the Municipal Finance Management Act, 2003 (Act No. 56

of 2003) for investing municipal funds with a Mutual Bank. • VBS Mutual Bank is a mutual bank as defined in the

Mutual Banks Act, 1993 (Act No. 124 of 1993). • The allegation thus far has revealed that nineteen (19)

municipalities deposited an amount of R1,8 billion.

• The said funds are alleged to have paid brokerage

commissions to entities and/or individuals to attract more

deposits mainly from municipalities.

Current status

Investigation is ongoing.

Offence Fraud; Corruption;

C/o the Municipal

Finance

Management Act

(MFMA) and

Money Laundering

Loss

involved

R1.8 billion

Persons/Enti

ty involvedVBS and different

Municipalities

Status of

case

Matter still under

investigation

Number of

statements

22


Venda Building Society (VBS) (1a)

Serious Commercial Crime Investigations

Serious Commercial Crime Investigation

Ronald Bobroff & Partners (RBP) (1a)

41

Case number Rosebank CAS

105/04/2013; JHB Central

CAS 1298/08/2017;

JHB Central CAS


CAS 1300/08/2017; JHB

Central CAS


CAS 1302/08/2017

Background of case

• It is alleged that Ronald Bobroff & Partners (RBP)

concluded various conflicting fee arrangements with

each of their clients.

• It is further alleged that these fee arrangements were

illegal and in Contravention of the Contingency Fees Act

1997, Act No 66 of 1997 as RBP’s clients were charged

excessive fees, in some instances up to 40% of the

amount paid by Road Accident Fund (RAF).

• The Contingency Fees Act limits the success fee which

an attorney may charge to double the attorney’s normal

fee or 25% of the damages, whichever is the lower

amount. • Claims were instituted against the RAF for damages

arising from injuries sustained in motor vehicle

accidents.

• It is also further alleged that RBP inflated the party to

party cost as they claimed and received fees from the

RAF for consultations that allegedly did not take place.

• The details of the suspect has been shared

internationally on red notice

Offence Fraud, alternatively theft

of trust monies, money

laundering


Persons/Entity

involvedRonald Bobroff & Partners

(RBP) Inc

Number of

statements

221

Status of case Matter is still under

investigation

42

Case number Rosebank CAS 105/04/2013;

JHB Central CAS


CAS 1299/08/2017; JHB

Central CAS 1300/08/2017;

JHB Central CAS


CAS 1302/08/2017

Current Status

A final draft of the Forensic Report was received

from the forensic accountant.

The following are outstanding:• Six affidavits;• Contents of final draft Forensic Report to be

perused and verified by the Investigating

Officer and the Prosecutor;• SARS audit report; and• Extradition of suspects from Australia.

Offence Fraud, alternatively theft of

trust monies, money

laundering


Persons/Entity

involvedRonald Bobroff & Partners

(RBP) Inc

Number of

statements

360


investigation


Ronald Bobroff & Partners (RBP) (1b)

43

Case

number

Pretoria Central CAS


Seven suspects aged between 78 and 50 years old were arrested on

6 February 2019, by the Directorate on allegations of corruption,

money laundering and fraud.

The sweeping high-profile arrests follows a marathon investigation

wherein almost R1.6 billion is said to have been misappropriated in

the tender processes for the procurement of various services by the

Department of Correctional Services.

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, they also allegedly received financial assistance in acquiring

properties, acquiring motor vehicles from dealers, other assets and

payments to travel agents for overseas travel.

Six accused were arrested and charged.

Summons served on three entities to be jointly charged on the next

court date.

One suspect has not yet been arrested as he is out of the country.

Extradition process to the United States of America will be initiated,

soon.

Offence Fraud

Contravention of

PFMA

Contravention of

POCA (Money

Laundering)

Loss

involved

Loss involved: R1.6

billion

Persons/

Entity

involved

Angelo Agrizzi, Linda

Mti, Patric

Gillingham, Andries

Van Tonder, Frans

Voster, Carlos

Bonafacio, African

Global Operations,

Sondolo IT,

Status of

the case

First appearance

6/02/2019

Remand date

27/03/2019

Number of

statements

610 statements


BOSASA (1a)

44

Case number Sandton CAS

489/06/2009 Background of case It is alleged that during the period 2003 to 2009, an illegal

multiplication scheme (Ponzi) was operated in South Africa,

which later extended to include Australia, Germany, United

Kingdom, China, Switzerland, United States of America, Monaco,

Spain, British Virgin Islands, etc.

Approximately 848 investors, including individuals, companies

and trusts, were lured into investing in the region of R13 billion in

the scheme.

Investors were made to believe they were funding the purchasing

of active pharmaceutical ingredients (api) via a company, Euro

Chemicals, trading as Frankel Chemicals.

Current Status

Final Forensic audit report by Forensic Audit Firm outstanding

which will include evidence received from Australia through

Mutual Legal Assistance.

The final report is expected not later than the end of June 2019.

Offence Fraud

Theft

Contravention

of POCA

(Money

Laundering)

Loss involved R13 billion

Persons/

Entity

involved

Three

suspects

Status of case Matter is still

under

investigation

Number of

statements

278


Tannenbaum –Investment case (1a)

45

Case number Stellenbosch CAS

226/12/2017,

Stellenbosch CAS

347/12/2017, Sandton

CAS 371/12/27,

Sandton CAS

612/08/2018

Background of case:

Steinhoff International Holdings N.V is a company

registered in the Netherlands with secondary listing on

the Johannesburg Stock Exchange (J.S.E). It is a holding

Company for Steinhoff Investment Holdings Ltd (South

Africa) which is listed on the J.S.E.

To date four dockets have been registered and a report in

terms of Section 34 (1) of the Prevention and Combating

of Corrupt Activities Act of 2004, relating to the Steinhoff

matter, have been received. All of these complaints are

investigated together.

The allegations are that during the period from 2015

financial year Steinhoff Investment Holdings Ltd (SA) has

been submitting false, misleading or deceptive financial

statements to attract investors in Contravention of Section

81 of the Financial Markets Act, 2012 (FMA).

When the allegation became known in December 2017

the value of the shares dropped significantly resulting

to substantial prejudice to the investors (potential and

actual).

Offence Contravention of

PRECCA, Fraud, Theft,

Contravention of

POCA, Contravention

of the Companies Act.


Persons/Entity

involvedSteinhoff Directors


investigation

Number of

statements

21


Steinhoff International Holdings (1a)

46

Case number Stellenbosch CAS

226/12/2017,

Stellenbosch CAS

347/12/2017, Sandton

CAS 371/12/27, Sandton

CAS 612/08/2018

Current Status

• Application for Mutual Legal Assistance has been

finalised and was sent to Austria during December

2018, to source evidence out of the country.

• Feedback is awaited.Offence Contravention of

PRECCA, Fraud, Theft,

Contravention of POCA,

Contravention of the

Companies Act.


Persons/Entity

involvedSteinhoff Directors


investigation

Number of

statements

21


Steinhoff International Holdings (1b)

47

Case number Sandton CAS 53/08/2017 Background of case:

Misrepresentation to Eskom Pension Fund

Misrepresentations were made to the Eskom

Pension Fund that the former Chief Executive

Officer (CEO) at Eskom (Mr Molefe) was a

permanent employee of Eskom and eligible to

be a member of the Pension Fund, whereas in

fact he was a fixed term contract employee and

not eligible to be a member of the ESKOM

Pension Fund.

Current status • Awaiting decision by the Prosecutor

Offence Fraud

Contravention of PRECCA


Persons/Entity

involvedEskom Board and

One person

Number of

statements

17


investigation


Eskom Pension Fund (1a)

48

Case number Bramley CAS

282/11/2018 Serious

Economic Offences

Unit (SEOU) CAS

02/11/2016

Background of case

It is alleged that during the 2015/2016 financial year,

certain officials employed at the Central Energy Fund

(CEF) and the Strategic Fuel Fund (SFF), had caused 10

million barrels of crude that was part of South Africa’s

strategic oil reserves to be sold to certain entities.

It is alleged that National Treasury was not informed of

the sale and that the price that the crude oil was sold at

was lower than the price of crude oil at the time.

Current status

• Investigation is ongoing.

Offence Fraud and

contravention of

Public Finance

Management Act


Persons/Entity

involvedCentral Energy Fund

(Former CEO of SFF)


investigation

Number of

statements

37


Central Energy Fund (1a)

49

Case number Hillbrow CAS


The investigation deals with allegations of Fraud (Tender),

Corruption, Money Laundering, irregular fruitless, waste full

and unauthorised expenditure in relation to 88 new

locomotives to PRASA Tender Number

HO/SCM223/11/2011.

The tender was awarded on 27 November 2016 to a newly

registered company SWIFAMBO Rail Leasing.

The tender had an initial value of approximately R3.5 billion

and subsequently upgraded to the value of R6.5 billion

without following due processes.

Current status• Twenty witness statements outstanding.

• Application and appointment of Forensic Auditors

outstanding.

Offence Fraud and money

laundering


Persons/Entity

involved

• PRASA• Swifambo Rail

Agency


investigation

Number of

statements

253


PRASA and Swifambo Rail Agency (1a)

50

Case number Madeira CAS


During 2011, Industrial Development Corporation (IDC), approved a loan

facility of R75.68 Million for Cross Media Health Centre for the

establishment of a 52 bed Private Hospital in Mthatha where Dr Yongama

Yako was the Promoter of the Project.

The Share Holders in the Project were IDC, Eastern Cape Development

Corporation (ECDC), Osteen Health Group whose director was Dr Yako and

Copper Zone , a group of Local Doctors.

The latter was to contribute R6.3 million and was to be deposited into the

account opened at First National Bank with Dr Yako as the sole signatory

of the account.

Dr Yako’s company, Osteen Group was to contribute with R4 million , and

R2 million in the form of a property in which the hospital was to be

constructed and another R2 million in CASh.

Copper Zone managed to deposit R 4 522 033.40 into the FNB account.

After the money was deposited Dr Yako, made withdrawals and transfers

for his personal use without the authority of the other partners to the

project.

He was arrested on the 28 of November 2018 and released on bail.

The case is remanded to the 15th March 2019.

Offence Fraud

Loss involved R2.3 Million

Persons/

Entity

involved

Dr Yongama

Yako

Status of case Remand date:

15/03/2019

Number of

statements

12


Allegation against a Doctor (1a)

51

Case number Graaf Reinet CAS 260/12/2010 Background of case• The suspect operated a pyramid scheme

where he received money from potential

investors and ultimately could not sustain

the pay-outs and further submitted false

VAT claims.

• The case has been remanded on twelve

ocCASions due to the complexity of the

case and tendency by the defence

attorney in delaying matters.

Current status

• The investigation is complete. • The docket is pending at court, remanded

to the 20th of March 2019 for the National

Prosecuting Authority to make a decision

on the representation submitted by the

defence.

Offence Contravention of the Reserve

Bank Act


Persons/Entity

involvedMr GJ Malherbe

Status of case First appearance:

4/10/2017

Remand date:

20/03/2019

Number of

statements

124

24 lever arch files

Serious Commercial Crime Investigation:

Pyramid scheme: Contravention of the Reserve Bank Act (1a)

52

Case number Ermelo CAS 332/05/2015 Background of case

The suspect defrauded the Department of

Education by submitting duplicate invoices.

Current status

Case is remanded to the 8th March 2019

Offence Fraud

34 counts of fraud

Loss involved R834.4 Million

Persons/Entity

involved

• Department of Education;• Department of Transport;• Baruti Pty Ltd;• Ngwato Transport

business association; and

Altern Mphethi

Status of case Remand date

8/03/2019

Number of

statements

7

Serious Commercial Crime Investigation:

Business and Department of Education, Transport and Municipality (1a)

Serious Organised Crime Investigations

54

Case

number

Mount Road CAS

701/06/2016, Mount

Road CAS 183/05/2017

and Kabega Park CAS

107/05/2016

Background of case:• A project based driven investigation - Operation Little

Rhino was conducted where a syndicate was operating via

a pattern of criminal activities involved in the illegal

smuggling of Abalone over a period from June 2016 to

date.• Investigation was done in line with POCA and an

application for Racketeering charges was presented to the

NDPP for consideration and authorisation. The application

was successful and a Racketeering certificate was issued. • On 2016-06-28 a takedown operation was conducted

wherein ten targets were successfully arrested.• During the takedown various searches were conducted and

exhibits to the value of ± R500 000-00 were seized

Current Status

All accused have been found guilty of Racketeering – The case

has been remanded to 01 March 2019 for sentencing.

The accused's were sentenced as follows:

Julian Brown was sentenced to 18 years imprisonment;Brendon Turner was sentenced to 15 years imprisonment;Eugene Victor was sentenced to 15 years imprisonment; andEdgar Clulow was sentenced to four years imprisonment.

Offence Pattern of Racketeering

Activities and

Smuggling of Abalone

(14 charges)

Loss

involved

R 5 million

Persons/

Entity

involved

Julian Brown

Edgar Clulow

Brendon Turner

Eugene Victor

Status of

case

First appearance

30/06/2016

The matter has been

finalised. The accuseds

were sentenced.

Number of

statements

155

Serious Organised Crime Investigation:

Operation Little Rhino (1a)

55

Case number Mount Road CAS

701/06/2016, Mount Road

CAS 183/05/2017 and

Kabega Park CAS

107/05/2016

…ctd

Background of case

Information was received about persons

involved in a pattern of racketeering activities

and smuggling of abalone.

Current status• All accuseds have been found guilty of a

Pattern of Racketeering Activities.• The case has been remanded to the 15th

April 2019 for sentencing.

Offence Pattern of Racketeering

Activities

Smuggling of Abalone- (14

charges)


Persons/Entity

involvedPaul Bezuidenhout

Morne Blignaut

Simphiwe Kosi

Kacob Nauman

Daniel Prinsloo


10/02/2017

Remand date:

15/04/2019

Number of

statements

90


Operation Little Rhino (1b)

56

Case number Mount Road CAS 701/06/2016, Mount

Road CAS 183/05/2017 and Kabega Park

CAS 107/05/2016

Background of case

Information was received about

persons involved in a pattern of

racketeering activities and

smuggling of abalone.

Current status

Accused 1, has been found guilty

of a Pattern of Racketeering

Activities and sentenced to 20

years imprisonment.

Accused 2, found guilty of

racketeering, the case is remanded

to 31 March 2019 for sentencing

Offence Pattern of Racketeering Activities

Smuggling of Abalone

(11 charges)


Persons/Entity

involvedMorne Blignaut (sentenced to 20 years

imprisonment)

Zhen Huang

Pan Kekun

Frederick Nance

William Nance

Jacob Nauman

Petrus Smit


30/06/2016

Remand date

31/03/2019

Number of

statements

121


Operation Little Rhino (1c)

57


224/04/2017 Background of case:• Information was received about a certain Nigerian pastor,

who was identified as Timothy Omotoso and who had his

own churches in various Provinces.

• He had three females (in his inner circle) in each Province that

were recruiting young girls from the different churches for

the Pastor to take them on Spiritual Retreats.

• The girls will be taken to this house for spiritual retreats but

by the end of the day being sexually abused by the pastor.

• Information was followed up by the Trafficking in Persons

(TIP) investigation team which led to his arrest on 20 April

2017 at Port Elizabeth airport.

• Victims include South African Citizens

Offence • Racketeering,• Trafficking in

Persons,• Grooming for

Sexual

Exploitation,• Rape.

Loss involved Unknown

Persons/

Entity

involved

• Timothy

Omotoso• Nobubele

Mlindi• Zukiswa Sitho• Lusanda

Sulani


Pastor Timothy Omotoso (1a)

58


224/04/2017 …ctd

Current status• The case has been remanded to the 16th April 2019,

for judgement, regarding the application of the

judge, for recusal.

Offence • Racketeering,• Trafficking in Persons,• Grooming for Sexual

Exploitation,• Rape.

63 charges

Loss involved Unknown

Persons/

Entity

involved

• Timothy Omotoso• Nobubele Mlindi• Zukiswa Sitho• Lusanda Sulani

Status of case First appearance

22/04/2017

Remand date:

16/04/2019

Number of

statements

obtained

66


Pastor Timothy Omotoso (1b)

59

Case

number

Musina CAS 292/09/2010 Background of case

State v Groenewald and 8 others.• The matter relates to the illegal

trafficking of rhino horns by the

syndicate. • This is a landmark case as it

addresses the internal trade of rhino

horn, permitting system of the Dept.

of Environmental Affairs, money

laundering, killing of rhino, house

breaking, fraud and defeating the

ends of justice. • Some of the legislation was

Constitutionally challenged and had

caused a delay in the trial.

Offence 1 834 charges

Charges 1 and 2 deals with the

management and participation in an

enterprise against all the accused in terms

of Sec 2(1)(f)read with Sec 1,2(2),2(3),2(4),3

and Appendix 1 of the Prevention of

Organised Crime Act, Act 121/1998 and Sec

2(1)(e) read with Sec 1,2(2),2(3) and 3 and

appendix 1 of POCA, Act 121/1998

Charges 3 to 1834 deals with the pattern of

racketeering activities.

Restricted activities National Environmental

Management and Biodiversity Act, (NEMBA)

Act 10/2004, Dealing, Possession, Killing,

Selling, Dehorning of rhino horn, Fraud,

Perjury, Illegal possession of firearm.

Loss

involved

R55 million


Illegal trafficking of rhino horns (1a)

60

Case number Musina CAS 292/09/2010 Current status

• The matter is trial ready and on the High

Court roll in Pretoria.• The legislation in the matter is currently

Constitutionally challenged as well as

certain provisions under the NEMBA Act

10/2004.• All legal challenges need to be finalised

before the criminal trial can continue.

Loss

involved

R55 million

Persons/

Entity

involved

Department of

Environmental

Affairs

Dawie Groenewald

Karel Toet

Mariza Toet

Manus du Plessis

Tielman Erasmus

Nardus Rossouw

Gys du Preez

Koos Pronk

Dewald Gouws

Status of

case

First appearance:

20/09/2010

Remand dates:

01/02/ February 2021 to/02/2021 to

12/02/2021

Number of

statements

300


Illegal trafficking of rhino horns (1b)

61

Case number Harding CAS

199/07/2018Background of case:

On 27 July 2018, after obtaining a search warrant on

information received in connection with a drug laboratory, a

multidisciplinary team with members from the DPCI, Forensic

Science Laboratory, Crime Intelligence, K9 Unit, LCRC and TRT

proceeded to a farm on the outskirts of Harding.Recoveries and Seizures

• Chemicals, large quantity of Mandrax tablets estimated by

the Forensic Science Laboratory (FSL) to be about 3 million

tablets with a street value of R180 million all packed and

ready for distribution were recovered.

The tablets were packed in batches of 10 000 and 5 000.

A large quantity of mandrax powder was seized in the

laboratory.

Two tablet presses, each valued at about R1million was

seized which according to FSL each press could

manufacture 16 tablets per second.

Approximately 200 templates [stamp] used in the tableting

machine bearing various insignia/motive and other large

quantity of equipment associated with the manufacturing /

counting / weighing / drying / mixing / packing /

transporting of Mandrax

One vehicle, Opel Corsa, was seized.

One Nissan Navara, was also seized

Offence Dealing in Narcotics


Persons/

Entity involvedPrivate individuals

Suspects/Accused:

1. Thandanani Iziah

Zulu

2. Nelisiwe Khanyile

3. Siyabulela Sikwati


27 July 2018

Provisionally withdrawn

Number of

statements

85


Dismantling of a Clandestine Laboratory (1a)

62

Case number Harding CAS 199/07/2018 Current status

• The matter was provisionally withdrawn by

court, pending further investigation.Offence Dealing in Narcotics


Persons/

Entity

involved

Private individuals

Suspects/Accused:

1. Thandanani Iziah Zulu

2. Nelisiwe Khanyile

3. Siyabulela Sikwati

Status of

case

First appearance:

27 July 2018

Provisionally withdrawn

Number of

statements

85


Dismantling of a Clandestine Laboratory (1b)

63

Case number DPCI SOC Enq CAS

1/04/2014

Randburg CAS

422/05/2018

Sandringham CAS

65/02/2011

Roodepoort CAS

498/06/2016

Boksburg North CAS

261/03/2018

Boksburg North CAS

263/03/2018

Douglasdale

CAS68/05/2014

Boksburg North CAS

255/03/2018

Boksburg North CAS

256/03/2018

Douglasdale CAS

336/03/2018

Douglasdale CAS

337/03/2018

Boksburg North CAS

259/03/2018

Boksburg North CAS

260/03/2018

Douglasdale CAS

335/03/2018

Douglasdale CAS

339/03/2018

Douglasdale CAS

341/03/2018

Background of the case• During the investigation of project

Veyron, which targeted the notorious

Czech organised crime boss,

Radovan Krejcir, it was found that

Jason Domingues-Baya was involved

in dealing in illegal narcotics in the

Gauteng area.

Offence Pattern of Racketeering Activities; Money

Laundering; Kidnapping; Attempted murder;

Dealing in Drugs; Cultivating drugs; and

Possession of Ammunition.

(38 Charges)

Loss involved R 1 000 000-00


Dealing in Narcotics (1a)

64

Case number …ctd

DPCI SOC Enq CAS 1/04/2014 and

other…

Current status

The matter has been postponed in the

Regional court Randburg to 15 March

2019 for application for legal

representation.Persons/Entity

involved

• Jason Olivier Domingues-Baya• Faith Ellen Dogette• Frederick Willem Carl Kluckow @

Goofs • Vishalin Dookie @ Vesh• Glen Kruger • Shane Myburg• Mitch Doyle

Status of the case First appearance:

17/05/2018

Remand date:

15/03/2018

Number of

statements

221


Dealing in Narcotics (1b)

65

Case number Verulam CAS 148/05/2018

Sydenham CAS 44/10/2018 Background of case:• In October 2018, an operation was

held in Durban.• The operation was held as a takedown

on the Verulam Mosque Attack , vide

Verulam CAS 148/05/2018. • During the takedown operation, an

incendiary device that was found at

one of the addresses of the suspects

premises was similar to all the other

devices found earlier. • There were 19 suspects arrested,

charged and sent to court. • The matter is still under investigation. • All suspects are on bail.

Offence • Contravention of the POCDATARA.• Unlawful Possession of a Firearm and

Ammnition. • Prohibited Possession of Dangerous

Weapons. • Murder. Attempted• Murder. • Extortion. • Arson. • Contravention of the explosives Act

(13 charges)


Persons/

Entity

involved

Farhad Hoomer, Ahmed Haffejee, Goolam MR

Haffejee

Thabit S Mwenda, Mohammad Akbar, Seph

Mohamed, Amani Mayan, Ali Abubakar, Abasi

Juma, Muhammad A Sobrun, Iddy Gahungu

Omary, Ndikumana S Umande, Nasir Hassan

Sayid, Tariq Karrim, Hakim Hatungimana,

Alrich Brown, Naadir Khan, Alimasi Abele,

Alibar Umar


Verulam Mosque Attack (1a)

66

Case number Verulam CAS

148/05/2018 Sydenham CAS

44/10/2018

Current status • The case is remanded to the 15th April 2019 for further

investigation.

• Sensitive investigation continuing. Status of case First Appearance

8/10/2018

Remand date

15/04/2019

Number of

statements

120


Verulam Mosque Attack (1b)

Highlights of successes

68

GANG SENTENCED TO LIFE IMPRISONMENT FOR RACKETEERING

In what is believed to be the first in the country, the Gauteng Local Division of the High Court has

written an epitaph to eight accused’s criminal careers yesterday, finding them guilty of 11 bank

robberies and a pattern of racketeering activities and other 20 serious related charges, and

sentenced them to life imprisonment prison on the 25 January 2019

The eight suspects, were part of a dangerous gun totting syndicate that terrorised Mpumalanga

and Gauteng between 2013 and 2014, robbing 11banks.

In January 2014, a docket was received for analysis of the syndicate. Hardly a month, the team made

a breakthrough and secured the attendance of the seven suspects who were arrested for robbery of

a chain store in Empangeni, Kwa-Zulu Natal.

In May and September of the same year (2014), a further four suspects were arrested in

Johannesburg and Klerksdorp respectively.

The first six are Zimbabweans while the last two are South Africans making the Organised criminal

group a multinational one,

They were all sentenced to a combined 914 years for robberies with aggravating circumstances,

attempted murder, possession of unlicensed firearms, and malicious damage to property.

The POCA legislation provides for these heavy sentences and is encouraged in investigations

69

GANG MEMBERS SENTENCED TO FIFTEEN YEARS FOR MURDER

• Three gang members caused mayhem in the Free State areas of Mangaung and

Pelonomi in August 2016, when they targeted and killed two alleged ex- gang

affiliates have been sentenced to (15) fifteen years imprisonment each by the

Bloemfontein High Court on 29 January 2019.

• The trio were arrested hardly a week after Telang Chabeli and Tshepo Samusho

(28), were brutally stabbed and murdered outside their respective residential

addresses near Bloemfontein, after they had reportedly left the notorious BTK

gang.

Simphiwe Madidilane (21), received two (15) years sentences after he was

convicted on two counts of murder

Molefi Johannes Matlaeya (20), received (15) years each on one count of

murder

Kagisho Mziweni (21), received (15) years each on one count of murder.

• The sentences have been ordered to run concurrently meaning each will serve an

effective fifteen years imprisonment.

70

NORTH WEST TAXI HITMAN SENTENCED TO LIFE IMPRISONMENT

• Simphiwe Mcunukeli (52) was sentenced to life imprisonment by the South Gauteng High

Court, seated in Klerksdorp on Friday for murdering the chairperson of the Stilfontein taxi

association.

• Mcunukeli was paid R50 000 to murder Nyamezeli Jeffrey Bambani (59), over an apparent

dispute regarding the taxi route from Khuma to Potchefstroom.

• The matter was referred by the local police in North West for further investigation.

• An initial enquiry by the team, linked the suspect to the killing through witness statements,

which then led to a serious pursuit for Mcunukeli who was arrested in September 2016.

• He was released on R5000 bail but then he evaded trial and was traced and rearrested in May

2017.

• He was recently sentenced to life imprisonment for murder and 9 years for illegal

possession of an unlicensed firearm and ammunition.

71

HEFTY SENTENCE HANDED TO A POLICE MURDERER

The Palm Ridge High Court, on the 28 February 2019, sentenced Moliki to life

imprisonment on count of murder for a police official, four years imprisonment on

count of pointing of firearm, fifteen years imprisonment on count of robbery with

aggravated circumstances, fifteen years imprisonment on count of unlawful possession

of firearm, five years imprisonment on count of unlawful possession of ammunition, and

eight years imprisonment on count of escaping from lawful police custody.

It is alleged that in October 2016, Moliki was due to appear before the Tembisa

Magistrates Court on a car hijacking case against him.

While being escorted to the court holding sells by the late Captain Malesa Alfred

Lamola (56), he overpowered him. He grabbed the firearm from Captain Lamola and

shot him on the upper body.

He proceeded to the main cells where he held three police officials hostage and

robbed them of their firearms and escaped.

An intense investigation was conducted which led to Moliki’s re-arrest in North West.

Police seized the service pistol and ammunition.

72

FIVE COP KILLERS SLAPPED WITH LIFE SENTENCES

• Masithembele Mbali (39), Simphiwe Mkheselele (35) and Cingile Jamda (35), Nceba

Gcanga (34) and Xolisile Maawu (34) were sentenced on the 1st March 2019 to life

imprisonment for the murder of Constable Joshua Vincent Gungqa, age 43.

• Constable Gungqa was shot and killed on Friday the 17th of June 2016 when a group

of seven armed men stormed into Spar in Cala.

• Two alleged suspects were also shot and killed at the scene during a shootout

between Spar’s security guards and the criminals.

• The suspects were arrested through a multi-disciplinary and intelligence driven

operation

73

FOUR DRUG DEALERS BUSTED IN MILLION RAND DRUG LAB

• On Friday, 01 March 2019, four people were arrested at a house allegedly used as a

laboratory to manufacture Mandrax in Braamfischerville, Soweto,

• An operation led by a multi-disciplinary team searched the house and found a

clandestine laboratory suspected of being used to produce Mandrax.

• The drug lab was allegedly in operation when the team swooped, seizing a large

amount of Mandrax tablets, other chemicals, and equipment..

• The entire haul is suspected to be running into millions of rand.

• The four people arrested, aged between 35 and 59, would appear in the Roodepoort

Magistrate’s Court on 4 March 2019, on charges of manufacturing and dealing in

drugs.

74

R10 MILLION DRUG BUST AT ‘QUIET’ HOME IN BIRCHLEIGH NORTH

• A normal-looking home in Birchleigh North turned out to be a suspected drug warehouse,

after the team swooped in and found R10 million worth of suspected heroine on Saturday

afternoon, 2 March 2019.

• The bust on the corner of Oscar Street and Shirley Road was the result of an operation aimed at

solving the surge of drugs across the country.

• Six suspects between the ages of 22 and 42 were arrested.

• These arrests took place across the Kempton Park and Edenvale areas.

• Some took place in houses, while other suspects were arrested on the street for dealing drugs.

• The community played a pivotal role in assisting with the arrests.

75

TWENTY YEARS IMPRISONMENT FOR R140 MILLION

DRUG TRAFFICKER

• Robert Makhumulo (52) was sentenced to 20 years by the Pongola Regional Court

on the 29 November 2019, for drug trafficking.

• Information was received from Crime Intelligence about a truck that was carrying

drugs from Swaziland to Johannesburg.

• A sting operation was conducted at Golela Port of Entry. A truck fitting the said

description was stopped and searched by the team.

• During the search, 200 kilograms of heroin powder with a street value of R140

million was found concealed in the false compartments of a truck.

76

BUSINESSMAN SENTENCED FOR DEFRAUDING COGTA OF R7.5-MILLION

• The Durban Specialised Commercial Crime Court has sentenced Mex Dhladhla (47), to

twelve years direct imprisonment for fraud, following a lengthy trial.

•

• Dhladhla was arrested in 2015 along with accomplices, Nokwazi Chule (32), Hlengiwe Hlela

(34), after investigations revealed that they defrauded the Department of Corporate

Governance and Traditional Affairs (COGTA) by illegally transferring R7.5 million into

a bank account held by Imvusa Trading where Dhladhla was a sole signatory.

•

• These funds were meant for development at a local community centre in Bulwer which

falls under Ingwe Municipality, but ended up in Dhladhla’s account where a series of

withdrawals took place within a two weeks period.

• Investigations further revealed that some of the money was transferred to Chule and Hlela

who were working for the department at that time.

• The case against Chule and Hlela who remain out on bail has been postponed to the 10th

April 2019.

77

R9 MILLION WORTH OF GOLD BARS FORFEITED TO THE STATE

The 16 January 2019, saw the judgement by the Johannesburg High court that granted the state

a forfeiture order on late last year December of five gold bars weighing approximately 30.295 kg,

valued at approximately R9 million on the day of arrest.

The forfeiture was sought following the arrest of Reginald Gerhard Pietersen (47) during a sting

operation at a restaurant in Centurion, where the suspect paid R1 million in cash for two bars of

unwrought gold that he had received from an undercover agent, a few days prior to the arrest.

Efforts to recover the state gold led the investigators to a refinery in Johannesburg where five gold

bars, four of which contained most of the chemical components infused into the state gold, were

recovered and immediately subjected to a preservation order application which was subsequently

granted in March 2015.

Charges were later dropped against Pietersen; however his attempts to recover the gold were

unsuccessful when the High court ruled that the five unwrought gold bars valued at approximately

R9 million constituted the proceeds of unlawful activities and accordingly, the forfeiture in

terms of section 53 of COPA should succeed.

Thank you

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