Category: Crime & Corruption News

Minister of Home Affairs, Dr Aaron Motsoaledi, has welcomed the sentencing of a Home Affairs employee for issuing birth certificates to foreigners for cash.

According to the department, Amos Ngwenyama was sentenced to eight and six years imprisonment on two counts of fraud and corruption at the Giyani Commercial Court in Limpopo, on Friday. The sentences will run concurrently.

Ngwenyama was based at the Home Affairs office in Malamulele.

“Mr Ngwenyama was arrested following a joint investigation by the Home Affairs Counter Corruption Unit and the Hawks in Limpopo in 2023 for issuing birth certificates to undeserving foreign nationals in exchange for money.”

Motsoaledi reiterated his warning to officials involved in fraud and corruption that “their days are numbered”.

“We have no tolerance for any acts of corruption and malfeasance. Public members expect government officials to uphold the highest ethical and moral standards. They are also expected to be honest in serving the public and the state,” Motsoaledi said.

The Department of Water and Sanitation (DWS) has welcomed the heavy fine imposed on Govan Mbeki Local Municipality for polluting water resources and contravening environmental legislation.

Govan Mbeki Local Municipality in Mpumalanga province was fined R150 million for five counts relating to contravening the National Environmental Waste Management Act and National Water Act.

The Bethal Regional Court in Secunda found the municipality guilty of causing significant pollution to the environment, interfering with waterworks, pollution of water resources, an act that detrimentally affects a water course, and failure to comply with compliance notices.

This comes after a series of intervention measures undertaken by the department against the municipality since 2019, in line with the Constitution and the Intergovernmental Framework.

Water and Sanitation Director-General, Dr Sean Phillips, said in December 2019 and March 2020, the department issued the municipality with directives to make representations addressing the risk assessment, intervention and potential rehabilitation plan, and to implement all the recommendations in respect of the underlying problem in their area of jurisdiction.

However, the municipality failed to respond and adhere to the conditions of the directives issued to them within the stipulated timeframes.

“In November 2020, the municipality compiled an assessment report and intervention plan with an approved budget for the commencement of a rehabilitation project in the area, however, no rehabilitation was implemented,” Phillips said.

Phillips commended the enforcement team, saying the judgement has asserted the department’s role as a regulator of the water and sanitation sector.

“It has been our resolve to take all transgressors of the National Water Act to task and send a strong message that if people and institutions do not comply, we will not hesitate to act, without fear or favour. We want to strengthen our role as a regulator of the sector in line with all the prescripts,” Phillips said.

Lizette Marielle Steyn, 56, has been sentenced to at least 12 years imprisonment after being found guilty of 85 counts of theft.

The former Finance and Administration Manager of AgriCAD was sentenced in the Pretoria Specialised Commercial Crimes Court.

National Prosecuting Authority spokesperson Lumka Mahanjana explained that Steyn was arrested in July last year.

“Steyn was employed by AgriCAD [and her] responsibilities, amongst others, were to load the creditors for payment on the business bank account monthly and do the day-to-day bookkeeping and accounting. As such Steyn had full access to the AgriCAD ABSA bank accounts.

“During her employment, Steyn would change the details of one of the AgriCAD ABSA bank accounts and replace it with her six different personal Capitec accounts.

“From 27 October 2020 until 09 May 2023, 85 different payments of over R16 million for the company were paid into her personal bank accounts. With the funds, Steyn installed solar panels in her house and bought luxury items, a caravan, and a vehicle for her son-in-law. She also paid for her daughter’s wedding, and her family’s weekends away and holidays,” she said.

Mahanjana said Steyn pleaded guilty to charges against her and explained that she “stole the money to pay debts because her husband lost his job”.

The thief then asked the court to consider leniency upon sentencing due to her ill-health and the fact that she is a first time offender.

“However, the prosecutor, advocate Rachelle van der Walt, argued that as much as Steyn was a first-time offender, her offences were committed over three years. Furthermore, Steyn was in a position of trust, her employer trusted her, but she betrayed that trust and was not hesitant to hide her dishonest conduct.

“She opened Capitec accounts in her name which she used to receive the stolen money for luxurious items and extravagant lifestyles. Therefore, Adv van der Walt asked the court to consider long-term imprisonment when imposing the sentence.

While delivering the sentence, Magistrate Ignatius du Preez said Steyn was left with no option but to plead guilty.

“Her change of heart and acknowledgement of her criminal conduct originated from being caught and not from her true inner feelings of regret. Therefore, she had no choice but to concede defeat.

“Steyn committed the offence when she was at an age where it was expected of her to be able to distinguish between right from wrong, but she failed dismally. Furthermore, courts are increasingly faced with the situation where offenders with medical challenges commit serious offences, and such illness cannot be used as a license to commit crime,” du Preez said.

The Asset Forfeiture Unit (AFU) has secured a R43 million preservation order emanating from a case of fraud and theft opened by the Democratic Republic of Congo (DRC) Embassy against that country’s former Defence Attaché to South Africa, Brigadier Ngoy Timothee Makwamba.

The order was handed down in the Pretoria High Court and is to preserve four properties and two bank accounts.

According to the National Prosecuting Authority spokesperson, Lumka Mahanjana, one of Makwamba’s duties as the defence attaché was to purchase weapons from South Africa’s state-owned defence, security and related technology company, Denel.

“The DRC embassy then made a payment of R49.6 million to the Denel group. However, the Denel Group could not process the order and arranged to pay back the money to the DRC Embassy.

“In December 2022, the DRC government terminated Brigadier Ngoy’s contract, and was no longer mandated to represent the country. Instead, Brigadier Ngoy fraudulently and unlawfully represented himself to Denel as the delegated representative of DRC. He was still a signatory of the Defence account of the DRC and had the authority to instruct them on where to make the refund payment.

“Brigadier Ngoy then provided the Denel Group with bank account details belonging to Johan van Heerden Attorneys where the Denel Group paid the refund of R49.6 million on 13 April 2023,” Mahanjana said.

She explained that the money was then transferred to bank accounts and used to purchase properties in the names of Ngoy’s children.

“Investigations by the Financial Intelligence Centre revealed the flow of funds which led to the identification of two bank accounts. After obtaining the preservation order on 02 April 2024 the Sheriff accompanied by the Curator Bonis as well as representatives of AFU attended to the four properties to serve the preservation.

“The four properties are now placed under the control of Curator Bonis. The next step is to apply for the final forfeiture order. After obtaining the final forfeiture order, the properties will be sold at a public auction and the money returned to the DRC,” Mahanjana said.

Over 900 suspects have been nabbed in the North West province during police operations, which were conducted between Monday, 25 March and Sunday, 31 March 2024.

Under Operation Shanela, 914 suspects were netted through various actions, which included stop and searches, roadblocks, vehicle check points, visiting and inspecting of licensed liquor premises and second-hand goods dealers, as well as the tracing of wanted suspects.

The suspects were, amongst others, arrested for rape, murder, assault GBH [grievous bodily harm], malicious damage to property, burglary in residential and business premises, possession of drugs, theft out of/from motor vehicles, and driving under the influence of alcohol or drugs.

Of the 914 suspects, 114 were arrested for contact crimes such as murder, attempted murder, rape, assault with intent to do grievous bodily harm and common assault, while 432 suspects were arrested during the detectives’ suspect raiding operations.

The operations also culminated in the confiscation of a variety of drugs, dangerous weapons, cell phones, precious metals, ammunition, firearms, liquor and four vehicles, while 51 shebeens were shutdown.

The Provincial Police Commissioner, Lieutenant-General Sello Kwena, applauded the members who worked tirelessly during the Easter weekend to ensure the safety of visitors and citizens in the province. 

A police investigation has secured four terms of life imprisonment for 35-year-old Nthutuko Mthethwa for the murder of three Mkhize family members at their home in Umntilombo, Eshowe, in April 2023.

The Mtunzini High Court found him guilty of the murders of three family members.

On the evening of 12 April 2023, the Mkhize family was attacked by two armed suspects who shot at six family members.

Three people were pronounced dead at the scene while the other three were taken to hospital for medical attention.

An investigation led the police to Mthethwa who was arrested the following day. The Investigating Officer successfully opposed the accused’s several bids for bail and he was kept behind bars until his sentencing on Wednesday.

Mthethwa was sentenced to a life term imprisonment for each murder and another life term behind bars for attempted murder, as well as an additional 22 years in prison.

The Provincial Commissioner of KwaZulu-Natal, Lieutenant-General Nhlanhla Mkhwanazi, applauded the investigating team for working around the clock to arrest the suspect as well as for presenting a strong case in court, which led to the attainment of a maximum sentence.

“Our mandate is to prevent and combat crime, however, if a crime happens, our reactive capacity should dig deep to bring justice to the families of the victims.

“We applaud the Investigating Officer and all those that he worked with in ensuring that justice was served and bring closure to the family,” said Lieutenant-General Mkhwanazi.

Police are still searching for Sicelo Dambayi Sikhakhane, 33, who is believed to be the second suspect on the matter.

The Special Investigating Unit (SIU) is expected to launch a probe into allegations of serious maladministration, malpractice, corruption and fraud at the KwaZulu-Natal Film Commission (KZNFC).

President Cyril Ramaphosa has signed Proclamation R.4539 of 22 March 2024 authorising an investigation into “the procurement of and contracting for suitably qualified companies to partner and invest” with KZNFC in the development and operation of the KZN Studios including the commission’s investment in KZN Studios.

“The SIU will also investigate any unauthorised, irregular, or fruitless and wasteful expenditure incurred by KZNFC or the State. The scope of the investigation also covers any unlawful or improper conduct by officials or employees of KZNFC, the applicable suppliers or service providers or any other person or entity.

“The Proclamation covers allegations of unlawful and improper conduct that took place between 1 July 2017 and 22 March 2024, the date of the publication of the Proclamation or before 1 July 2017 and after the date of the Proclamation that are relevant to, connected with, and incidental to the matters or involve the same persons, entities or contracts investigated,” an SIU statement explained.

The SIU said it will also “identify system failures and make systematic recommendations” for the commission.

“In line with the Special Investigating Units and Special Tribunals Act 74 of 1996 (SIU Act), the SIU will refer any evidence pointing to criminal conduct it uncovers during its investigations to the National Prosecuting Authority (NPA) for further action.

“The SIU is empowered by the SIU Act to institute a civil action in the High Court or a Special Tribunal in its name to correct any wrongdoing uncovered during its investigation caused by acts of corruption, fraud, or maladministration,” the statement concluded.

A 38-year-old man, Joel Pillay, has been sentenced to 20 years imprisonment for a murder he committed during the KwaZulu-Natal public unrest in July 2021.

Pillay was sentenced in the Scottburgh High Court.

National Prosecuting Authority (NPA) spokesperson, Natasha Ramkisson-Kara, said Pillay was found guilty of murdering Lindani Mthethwa while he was walking down a street in Verulam when Pillay drove past him.

“Pillay, who was driving a marked vehicle owned by a security company, turned his vehicle around and drove back towards Mthethwa. When he was alongside Mthethwa he lowered the window of his vehicle and shot him in the head. Mthethwa died on the scene.

“The NPA commends the work done by the prosecution and other stakeholders in securing the conviction,” Ramkisson-Kara said.

The state’s case was led by Advocate Thabani Buthelezi who led evidence from two eyewitnesses.

“Buthelezi also submitted a Victim Impact Statement compiled by Mthethwa’s sister and facilitated by Court Preparation Officer Thandeka Mofokeng. In her statement the woman said Mthethwa was a responsible and hardworking person. She said that her family has been financially and emotionally affected. She added that the incident was traumatic, as she still has flashbacks.

“In sentencing Pillay, the court deviated from the minimum sentence of life imprisonment, citing that he was a first offender when he committed the offence. Pillay was sentenced accordingly, and the court found him unfit to possess a firearm,” Ramkisson-Kara said.

Some 350 people lost their lives during the July 2021 unrest that unfolded in Gauteng and KwaZulu-Natal.

The violence and destruction also caused damage to infrastructure and businesses costing South Africa’s economy some R50 billion, with a further two million jobs being lost or affected.

Former Steinhoff director Stephanus Grobler has appeared in court on charges of racketeering, three counts of fraud worth R21 billion, manipulation of financial statements and failure to report fraudulent activities.

Grobler appeared in the Pretoria Specialised Commercial Crimes Court on Monday where he was granted bail of R150 000.

National Prosecuting Authority (NPA) spokesperson Lumka Mahanjana explained that Grobler and then Steinhoff Chief Executive Officer, Markus Jooste – who has since been reported dead – allegedly committed acts of racketeering between 2014 and 2016 within the company.

“During that period, it is alleged that Jooste played a major role in the management of the criminal enterprise. Furthermore, it is alleged that Grobler created documentation of transactions that supported the fraudulent transactions used to inflate and falsify the annual financial statement of the Steinhoff Group.

“In court, using an affidavit, Grobler told the court that he intended to plead not guilty to the charges, and would prove his innocence. He further asked the court to release him on bail,” Mahanjana said.

According to the spokesperson, the prosecution opposed the bail application on account of the seriousness of the crime and indicated that Grobler is a flight risk.

“In delivering the judgement, Magistrate Nicca Setshogoe granted him bail with conditions that he should report to Brooklyn police station twice a week, Monday and Friday. He should hand over his two passports to the investigating officer and is not allowed to apply for a new one.

“He should hand over his two firearms to the police. He is not allowed to leave Gauteng province without informing the investigation officer. [He] must not interfere with state witnesses,” Mahanjana said.

The matter is expected back in the court on 26 June 2024.

Members of the South African Police Service’s border policing unit have arrested a 43-year-old truck driver from the Kingdom of Eswatini for allegedly attempting to smuggle dagga into South Africa.

In a statement on Friday, the SAPS said the male suspect was apprehended at the Oshoek Port of Entry in the early hours of Thursday morning.

According to police, at around 00:30am, the suspect was searched by members of the SAPS on the arrivals side of the port of entry.

“It was during this search that the astute members discovered the dagga concealed under a load of timber. As a result, the driver was detained and charged accordingly,” the statement said.

A total of 150kgs of dagga with an estimated street value of R630 840 was seized.

The truck, with number plates from the Kingdom of Eswatini, was confiscated together with the seized dagga for further investigation.

The suspect is expected to appear at the Elukwatini Magistrate’s Court today.

Mpumalanga Provincial Commissioner of the Police, Lieutenant General Semakaleng Daphney Manamela, has applauded the members for their dedication.

“The continuous arrests and successes witnessed at the borders prove that indeed the members are working with diligence. They are doing an excellent work on daily basis,” General Manamela said.