Eight police officers implicated in N1 assault case suspended
All eight police officers that were involved in the N1 assault case have been suspended in terms of the South African Police Service (SAPS) disciplinary regulations, as of Monday, 10 July 2023.
Last week, Police Commissioner General Fannie Masemola announced that the eight members of the South African Police Service have been issued with suspension notices.
The officers were then temporarily removed from their posts pending investigation.
Masemola said no amount of provocation can ever justify or validate what was witnessed in the video clip.
“We generally follow a very stringent process to identify members that should be protecting our principals, so for those members to have conducted themselves in such a manner is quite concerning.
“We pledge to offer our full cooperation to the IPID [Independent Police Investigative Directorate] investigation, at the same time ensuring that our internal processes are not compromised in any manner,” Masemola said.
The police officers involved in the incident are said to be Deputy President Paul Mashatile’s protectors. He has condemned the incident in the strongest terms.
Mashatile speaks out against VIP protection members’ assault video
The Deputy President has spoken out on Tuesday after a video of his VIP protection officers, allegedly assaulting three civilians on the Gauteng highway, went viral on social media.
“The Deputy President has become aware of an unfortunate incident involving members of the South African Police Service (SAPS), who are attached to his protection detail, and civilians, which occurred in Johannesburg over the weekend,” the Deputy President’s Office said in a brief statement.
The second-in-command, according to the statement, abhors any unnecessary use of force, particularly against unarmed civilians.
“Members of the SAPS are meant to uphold and protect the fundamental rights of every person and exercise the powers conferred upon them in a responsible and controlled manner,” said the Deputy President.
According to the Deputy President’s Office, SAPS National Commissioner, General Fannie Masemola, has promised a thorough investigation of the incident.
“The Deputy President appeals to the public to allow the SAPS the necessary space to complete its investigation into the incident and take whatever corrective action is deemed necessary.
“The Deputy President has full confidence in the SAPS, under the leadership of Minister Bheki Cele and the command of General Masemola, to do the right thing in this regard.”
Meanwhile, the police said they have since successfully traced the victims of this incident.
“The process to obtain their statements continues as part of the probe,” the SAPS statement read, adding that the police officers involved have also been identified and will be subjected to internal processes.
“Management of the SAPS views this as serious and will get to the bottom of this incident.”
The SAPS has since distanced itself from the conduct and behaviour and said it does not align with the values and code of conduct of the SAPS needs to uphold. These include integrity, professionalism, accountability, and respect for human rights.
“Members of the SAPS are meant to uphold and protect the fundamental rights of every person and exercise the powers conferred upon them in a responsible and controlled manner. Such action cannot be condoned regardless of the circumstance,” Masemola explained.
MEC visits Hoërskool Garsfontein following discovery of a body
Gauteng Education MEC Matome Chiloane is today visiting Hoërskool Garsfontein in Pretoria following the discovery of a deceased learner on Tuesday.
In a statement on Tuesday, Chiloane said this follows the discovery of a Grade 10 girl learner’s body this morning.
According to information at the department’s disposal, the discovery was made by the school’s security, who found a corpse on the school’s rugby field on Tuesday morning, which has been identified as a Grade 10 girl learner from the school.
Police have been called and they are currently at the scene conducting investigations.
According to the department, the learner’s family is also at the school and they will receive necessary support from the department’s psycho-social support team.
“What is unclear at this stage is how the dead body of the girl learner ended up at the school, especially as schools are on recess and there are no learners at school. We call upon police to urgently apprehend the perpetrators.
“We also extend our sincerest condolences to the family and the school community at large,” Chiloane said.
Fraud convicted pastor pays back the money
A Bloemfontein pastor has paid back some R1.9 million in funding fraudulently received from the Agricultural Sector Education Training Authority (AgriSeta).
According to a joint statement by the Special Investigating Unit (SIU) and the National Prosecuting Authority (NPA), Lerato Mokoteli and accomplice Anthony Dywili applied for funding at AgriSeta under the guise of providing training and mentoring in food garden operations in Kimberley.
The corruption busting unit said the two claimed that the application was a joint venture between Business Against Crime and another AgriSeta-accredited service provider, Dipalemo – a joint venture which did not exist.
“Upon receiving the R1.9 million funding, Mokoteli and Dywili concluded a Memorandum of Understanding between Business Against Crime and Northern Cape Empowerment Academy led by Dipalemo, knowing very well that the academy exists only on paper.
“Mokotedi submitted to AgriSeta a close-up report on behalf of Dipalemo knowing very well that Dipalemo did not render any training. 50 learners were trained and received certificate of competency in food operation. They were paid a stipend of R219 000…
“R381 564.86 was claimed to have been used for the administration of training. Dywili did not disclose to AgriSeta that R600 000 of the funding was unspent, in violation of the terms of the agreement,” the statement read.
In July 2016, some R317 000 of the funding was then paid to a non-profit organisation chaired by Dywili.
The SIU has referred evidence of criminality to the National Prosecuting Authority for criminal prosecution.
“The duo, together with Jeremia Madiba, AgriSeta CEO between 2008 and 2017, were charged with various counts of fraud and money laundering. Madiba allegedly awarded the tender without the required decision by the Board of Directors of AgriSeta, therefore, in contravention of the Public Finance Management Act (PFMA). He will be appearing in court on a PFMA charge on 28 August 2023.
“On 26 May 2023, Mokoteli entered into a guilty plea agreement with the State. In terms of the agreement, Mokoteli pleaded guilty to two counts of fraud and two counts of money laundering and agreed to pay back R1.9 million to AgriSeta,” the statement read.
Mokoteli was convicted and sentenced to 10 years imprisonment for fraud and a further five years for money laundering, wholly suspended for five years.
Information Regulator fines Justice Department
The Department of Justice and Constitutional Development (DOJCD) has been fined R5 million by the Information Regulator for failing to comply with an enforcement notice issued in May.
The regulator issued the notice after the department contravened various sections of the Protection of Personal Information Act (POPIA) following its failure to renew anti-virus and IT security solutions licenses.
“The Enforcement Notice had required the DOJCD to submit proof to the regulator within 31 days of receipt of the notice that the Trend Anti-Virus licence, the SIEM [security information and event management] licence and the Intrusion Detection System Licence have been renewed.
“It also required the department to institute disciplinary proceedings against the official/s who failed to renew the licences, which is necessary to safeguard the department against security compromises.
“The regulator indicated that should the DOJCD fail to abide by the Enforcement Notice within the stipulated timeframe, it will be guilty of an offence, in terms of which the regulator may impose an administrative fine in the amount not exceeding R10 million, or liable upon conviction to a fine or to imprisonment of the responsible officials,” the regulator said.
According to the independent body, the deadline for submitting proof that the licences had been renewed was 3 June – a deadline the department missed.
“To date, the department has not provided the regulator with a report on the implementation of the actions required in the enforcement notice or any other communication in that regard. The department had the right to appeal the Enforcement Notice in terms of section 97(1) of POPIA, and they have failed to exercise that right.
“Given this lack of compliance with the enforcement notice, the regulator has made a determination that the department has failed to comply with the Enforcement Notice served to it in terms of POPIA. Accordingly, the regulator has issued an administrative fine of R5 million to the department for failure to comply with the enforcement notice.
“The department has 30 days, from 3 July 2023, to pay the administrative fine or make arrangements with the regulator to pay the administrative fine in instalments or elect to be tried in court on a charge of having committed the alleged offence referred in terms of POPIA,” the regulator said.
Police Commissioner condemns police brutality on Gauteng motorists
The National Police Commissioner, General Fannie Masemola, has condemned the behaviour of the police officers, who are seen on a video assaulting motorists on the N1 highway in Johannesburg.
“Members of the SAPS [South African Police Service] are meant to uphold and protect the fundamental rights of every person and exercise the powers conferred upon them in a responsible and controlled manner. Such action cannot be condoned, regardless of the circumstance,” said Masemola.
The police have successfully traced the victims and the process to obtain statements from the them continues as part of the probe.
According to the police, the police officers involved have been identified and will be subjected to internal processes.
“Management of the SAPS views this as serious and will get to the bottom of this incident.
“While the internal departmental investigation into the conduct of the members is underway, the SAPS distances itself from the conduct and behaviour depicted in the video. [It] does not align with the values and code of conduct of the SAPS, which outlines the values and principles that all SAPS members are expected to uphold, including integrity, professionalism, accountability and respect for human rights,” the police said in a statement.
The police have opened an investigation after a video of SAPS officers, armed to the teeth, showed them beating up a Gauteng motorist and two others in an incident believed to have arisen from an on-road driving dispute.
The police said they have established that the two black BMW X5s captured in the viral video were indeed owned by the SA Police Service.
After allegedly assaulting the victims, the VIP officers got back into three black BMW SUVs and sped off.
12 vehicle examiners to appear in Limpopo court for fraud
Twelve examiners of vehicles and administration clerks are set to appear before the Polokwane Commercial Crimes Court in Limpopo on multiple counts of fraud related to the issuing of motor vehicle road worthy certificates.
“It alleged the suspects, who were employed by the privately-owned Polokwane Vehicle Testing Station, manipulated and abused systems to issue roadworthy certificates for vehicles that were not physically presented to the station for testing. The offences were committed between 2019 and 2021,” the Road Traffic Management Corporation (RTMC) said on Wednesday.
The modus operandi allegedly involved the use of the identity document of an innocent person to create an impression that he had presented the vehicles at the testing station for roadworthy tests to be conducted.
Test sheets would allegedly be filled, as if the vehicles were tested when in fact they were not.
The suspects will appear in court on Thursday following the arrest by the RTMC National Traffic Anti-corruption Unit (NTACU) and the Directorate of Priority Crime Investigations (the Hawks).
“The Road Traffic Management Corporation welcomes the arrests and calls on the courts to pass a harsh sentence against the suspects, as unroadworthy vehicles are a major contributory factor to road crashes, injuries and fatalities in the country. The alleged conduct of these suspects undermines national efforts to make South African roads safer,” the RTMC said.
The World Health Organisation estimates that road crashes cost most economies 3% of their economies. Last year, South Africa’s cost of crashes was estimated at R198.79 billion.
“The ratio of road fatalities per 100 000 people in South Africa currently stands at 20.5 and is lower when compared to the death rate for Africa, which stands at 27.21 per 100 000 human population. However, this ratio can increase unless all efforts are made to rigorously enforce laws and deal harshly with fraud and corruption,” RTMC said.
The Road Traffic Management Corporation has called on citizens to report suspected acts of fraud, corruption and malfeasance to ntacu@rtmc.co.za or by WhatsApp to 083 293 7989.
Optimum Coal Mine acknowledges R6m vehicle licensing debt
Optimum Coal Mine will pay back some R6.9 million in unpaid motoring licenses and fees after it signed an Acknowledgement of Debt (AoD) with the Special Investigating Unit (SIU).
According to the unit, the fees and penalties were racked up between January 2018 and November last year.
“The AoD emanates from the SIU’s investigation under Proclamation R.37 of 2017, which authorised the SIU to investigate allegations of corruption and maladministration in the affairs of the national and provincial Departments of Transport. The SIU’s investigation focused on any conduct by officials or agents of the department or any other person who relate to the registration of motor vehicle ownership and/or licensing details and non-payments of motor vehicle licensing fees, arrears and penalties.
“After sifting through eNatis data, the SIU has determined that the department is owed a sum of R6 914 304.52 in respect of the trucks and smaller vehicles owned by Optimum. The SIU then wrote a letter of demand to Optimum to pay the licensing fees, arrears and accumulated penalties on those vehicles. Optimum will pay the debt in six equal instalments of R1 152 384.09. The last payment will be in August 2023,” the SIU said.
The corruption busting unit said the AoD does not preclude any future legal action against the mine.
“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 unit said.
Hawks bust alleged UIF fraudsters
At least seven people have appeared in the Molopo Magistrate’s Court on allegations that they defrauded the Unemployment Insurance Fund (UIF) of some R2 million.
The seven – including two former Employment and Labour department employees – were arrested by the Hawks in the North West on Saturday and are facing some 220 counts of theft, fraud and money laundering while an eighth suspect is still being sought.
The National Prosecuting Authority’s (NPA) North West regional spokesperson, Henry Mamothame, said an investigation by the Hawks’ Serious Commercial Crime Investigation and the Priority Crime Specialised Investigation unit found suspicion that the accused concocted a scheme of fraudulent claims from the UIF.
“The [Hawks’] report further indicates that two of the suspects who are former employees of the Department of Employment and Labour in the North West Provincial Government at the Mahikeng and Klerksdorp offices, and four recruiting agents allegedly recruited unemployed individuals between 2019 and 2020. Those individuals were allegedly recruited under various false pretenses.
“Some of the claimants were allegedly informed that they were being assisted to lodge claims from the Drought Relief Fund; while others were allegedly claiming money from UIF; others were allegedly informed that they would be employed at the South African Revenue Services, while others were allegedly informed that they would be employed at Nomalalemba Project and other projects,” Mamothame said.
He added that the unsuspecting recruits were given money and instructed to open bank accounts – the cards of which were kept by the alleged fraudsters.
“In addition, the claimants were allegedly made to complete UIF claim forms masquerading as former employees of the Impala Platinum mine and Sibanye Ashanti Gold mine. Subsequently, the suspects allegedly processed their claims, resulting in the Department of Employment and Labour suffering a loss of over R2 million,” he said.
The UIF’s Commissioner, Teboho Maruping, has called for harsh sentences for those participating in illegal activities within the ranks of the fund.
“It would seem that criminals think the UIF is an easy target for fraud and corruption, when we are actually not. Our Risk and Anti-Fraud Unit will continue to monitor Labour Centres and in so doing work with law enforcement agencies to decisively deal with fraud and corruption committed by members of the public and government officials who enables it.
“Until the day arrives when the criminality towards the UIF stops, we will continue to catch and send perpetrators to prison, and we will maintain our call to the NPA to propose harsh sentences to the courts as a means of deterrence,” he said.
The suspects are expected back in court on Wednesday for a formal bail application hearing.
SARS destroys illicit cigarettes valued at R43m
The Customs Division of the South African Revenue Service (SARS) has begun to destroy illicit and smuggled cigarettes, valued at R43 million, at the Beitbridge border post.
In a statement on Monday, SARS Deputy Commissioner, Johnstone Makhubu, said 2 000 master cases (or 20 million) cigarettes will be destroyed and that destruction of the illicit and smuggled cigarettes is likely to last a few days.
The illicit and smuggled cigarettes were seized in multi-agency and intelligence-driven operations as part of the Customs division’s tobacco strategy, led by its National Rapid Response Team. These efforts are supported by the South African National Defence Force (SANDF), the South African Police Service (SAPS) and its Hawks unit, as well as the Immigration division of the Department of Home Affairs.
Makhubu said that in one such operation in February this year at the Beitbridge border post:
- A total of 1 211 master boxes of illicit cigarettes (with the brands of Remington Gold, Chelsea and Royal Express), with an estimated value of R26 million, were seized.
- Four people were arrested and criminal cases were opened with regard to dealing in the smuggling of illicit cigarettes.
- Four trucks, one bakkie and one tractor with a trailer, which were used to carry the illicit cigarettes (with an estimated value of over R3 million) were detained.
“SARS has a zero tolerance for persons or organisations that are involved in tax crime or illicit trade, and SARS will pursue them relentlessly,” Makhubu said.
Illicit trade robs the government of much-needed revenue and destroys industries, exacerbating unemployment, poverty and inequality.
The illicit products, which are being imported or exported, include second hand motor vehicles, poultry, clothing, leather and textiles, essential infrastructure (copper and steel) and gold, among others.
An inter-agency working group (IAWG) has been set up to deal with all aspects of illicit trade.
SARS Director of Customs and Excise, Beyers Theron, said that as part of its far-sighted planning, Customs has put in place measures to grant benefits to compliant traders through the Accredited Economic Operator Model.
These benefits include cost-savings and quicker turnaround times, amongst others. Similarly, SARS is busy implementing SMART border technology to increase its detection capability and response to non-compliance.
“Since the inception of its coordinated and focused investigations Customs has been conducting over the past three years in the tobacco and cigarette industry, there has been a noticeable shift to increased cross-border smuggling using ‘runners’. These are not individuals smuggling these cigarettes as an entrepreneurial opportunity but organised criminal syndicates exploiting the unemployed and the poor by employing individuals as runners to carry goods, often for miles, across borders.
“These runners carry at least two master cases of illicit cigarettes on their backs per run, often repeating these trips multiple times. These cigarettes are then loaded into trucks, small goods vehicles, cars and taxis that wait at locations along the border for distribution to their intended destinations on the local market,” Theron said.