KZN man sentenced to four life terms for murdering family members
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.
SIU to probe corruption at KZN Film Commission
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.
20-year sentence for July 2021unrest killing
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 appears in court for fraud, racketeering
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.
Dagga worth over R600 000 seized at the border
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.
Optimum Coal Mine pays back R6.9m
Optimum Coal Mine – formerly owned by the infamous Gupta brothers – has paid back some R6.9 million in outstanding motor licensing fees and penalties as part of its Acknowledgement of Debt (AoD) signed with the Special Investigating Unit (SIU).
The AoD stems from an SIU investigation into allegations of corruption and maladministration in the affairs of the national and provincial Departments of Transport.
READ | Optimum Coal Mine acknowledges R6m vehicle licensing debt
“The SIU’s investigation focused on any conduct by officials or agents of the department or any other person which relates to the registration of motor vehicle ownership and licensing details and non-payments of motor vehicle licensing fees, arrears and penalties.
“The SIU analysed the information obtained from the Department of Transport and Road Traffic Management Centre, as well as the eNatis data. After sifting through the eNatis data, the SIU established that the Department is owed the sum of R6 914 304.52 in respect of the trucks and smaller vehicles owned by Optimum,” the SIU said in a statement.
The corruption-busting unit said the recovery of the funds from Optimum “does not exempt other legal processes from being actioned”.
“The SIU is empowered to institute civil action in the High Court or a Special Tribunal in its name, to correct any wrongdoing uncovered during its investigations caused by acts of corruption, fraud, or maladministration.
“In line with the Special Investigating Units and Special Tribunals Act 74 of 1996, the SIU refers any evidence pointing to criminal conduct to the National Prosecuting Authority (NPA) for further action,” the SIU said.
Extradition request sent to Eswatini for alleged AKA killers
Minister of Justice and Correctional Services Ronald Lamola has transmitted a request by South Africa for the extradition of brothers Siyabonga and Malusi Ndimande from the Kingdom of Eswatini.
The two are wanted back in South Africa because of their alleged involvement in the murder of South African musician Kiernan ‘AKA’ Forbes.
Forbes was slain in a brazen attack outside a Durban restaurant in February last year.
“The request is made in terms of the Extradition Treaty between South Africa and Eswatini, dated 4 October 1968, and in terms of the SADC Protocol on Extradition dated 3 October 2002, to which both countries are signatories. The Ministry stands ready to give its highest level of co-operation to its counterparts in the Kingdom of Eswatini,” the department said in a statement.
Meanwhile, the Department of Correctional Services (DSC) says it is investigating a case of assault filed by controversial doctor Nandipha Magudumana.
Magudumana is currently being held at the women’s section of the Bizzah Makhate Correctional Centre in Kroonstad in connection with the escape of convicted rapist and murderer Thabo Bester.
“DCS is investigating the circumstances following what was said to be a prayer meeting in a different cell from Magudamana’s. Reports of an alleged altercation and a push against the grills can be confirmed.
“DCS officials advised Magudumana to open a criminal case when she reported that she was allegedly assaulted, but she opted to discuss it with her lawyers first. Furthermore, DCS Healthcare officials conducted an examination on her and found no visible injuries.
“The safety and well-being of inmates is our utmost priority, and we take such allegations seriously. Hence, this incident is under investigation,” the DCS said.
Justice department and Multichoice partner against piracy
The Department of Justice and Constitutional Development and the Multichoice Group have signed an anti-piracy memorandum of understanding (MOU).
The MoU will cover the following areas of collaboration:
- Policy development and regulatory frameworks;
- Capacity building and experience sharing;
- Intellectual property rights protection and anti-piracy partnership, and
- Monitoring and compliance.
The department’s Director-General, Advocate Doctor Mashabane, said: “[This] marks another milestone in the government’s efforts to fight broadcast and content piracy, which continue to drain the fiscus of billions of rands a year.
“Committing to signing this MOU shows our commitment to protect our creative industry so it can grow and attract investment – something that cannot happen without the Government’s intervention.”
MultiChoice South Africa CEO Mark Jury said: “As MultiChoice evolves from a traditional video entertainment business into a diversified platform business focused on technology, we are committed to promoting legitimate content consumption and supporting the creative industry.
“We look forward to strengthening partnerships with a number of stakeholders, including the department, to wage a coordinated war against piracy.”
The department explained that the MOU paves the way for enforcement and deterrence.
“This partnership will bolster enforcement actions against piracy, sending a strong deterrent message to perpetrators and significantly aiding in the revision of pertinent laws and the enhancement of training for judicial and enforcement agencies.
“The current legislative gaps means there is no incentive for hosting providers and other intermediaries, including financial, to work with legitimate role-players in the Audio-Visual (AV) content value chain or with the police to reduce piracy and block online pirate websites and the sharing of pirated content.
“Ideally such measures should form part of a broader policy and legislative response to deal with cybercrime, cyber piracy and cyberterrorism through blocking access to infringing domains/IP addresses, reducing harm through education of the public, disrupting payments and improving financial investigation and enforcement responses to these actions,” the department said.
Four foreign nationals, South African found guilty of fraud and corruption
Five people, including four foreign nationals and one South African national, have been found guilty of fraud and corruption by the Durban Magistrate’s Court.
Hawks spokesperson Colonel Katlego Mogale said Tausi Majani Kahwere (25) and John Majani Kahwere (44), who are both Congolese, were convicted on Monday.
Other three accused, Morshed Alam (25), Saiful Islam Sujon (43), both Bangladeshi nationals and Oliver Whendle Hurriparsad (42), a South African national, were found guilty on Tuesday.
Mogale said the convictions follow a lengthy investigation by the National Serious Corruption Investigation, in collaboration with Department of Home Affairs’ Counter Corruption in KwaZulu-Natal, which resulted in a lengthy trial until all the accused pleaded guilty.
It is reported that during 2021, a Department of Home Affairs official, Judy Zuma, operating with a foreign national’s syndicate, colluded with South African citizens to assist foreign nationals from Pakistan, Bangladesh and Democratic Republic of Congo to obtain South African passports by using their identity documents and biometrics.
“The foreign nationals fraudulently replaced the owners’ photos with theirs and assumed the names of the South African citizens. The official, Judy Zuma, has since pleaded guilty and convicted on 1 159 counts of fraud, corruption, contravention of the Immigration Act 13 of 2002 and contravention of the Identification Act,” Mogale said.
Mogale said the foreign nationals were arrested between 2021 and 2023 as they were boarding flights to different destinations, and already gone through the airport processes.
The suspects were found guilty of all seven charges brought against them, including fraud; corruption: Contravention of Section 3, Act 12 f 2004; Contravention of Section 18 (1) (a) of the Identification Act, Act 68 of 1998; Contravention of Section 49 (7) of the Immigration Act, Act 13 of 2002; Corruption under Section 3, Act 12 of 2004; and Contravention of Section 18 (1) (a) (c) of Identification Act.
Mogale said the Congolese duo will be sentenced on Friday, while the trio will be sentenced on 21 May 2024, and Zuma will be sentenced on 05 April 2024.
Four questioned about missing Joslin Smith
Detectives in the Western Cape are currently questioning four individuals as part of an extensive investigation into the disappearance of six-year-old Joslin Smith from Diazville in Saldanha Bay.
The investigation saw a team of detectives visiting several places within the West Coast town and interviewing several other persons.
The search for Joslin brought individuals, NGOs, community activists, police officials, neighbourhood watches and representatives from different spheres of government together in the quest to find the missing girl. For days they searched identified vast areas in Saldanha Bay.
It is expected that as the investigation unfolds, light will be shed on her whereabouts or what happened to her.
“The four persons being interviewed by the team of investigators are two men and two women aged between 26 and 34. With the investigation gaining momentum arrests are on the cards,” said the police in a statement.
Early this week, the South African Police Service (SAPS) assured the community where Joslin went missing that they remain committed to finding the little girl and reuniting her with her family.
Police Minister General Bheki Cele on Saturday met with the family, as well as the residents of the broader Saldanha community.
READ | Police committed to finding Joslin Smith
Joslin has been missing since 19 February 2024 and the search to locate her is ongoing.