Category: Crime & Corruption News

A prominent Mpumalanga businessman has appeared in the Mbombela Magistrate’s Court in connection with R60 million motor vehicle licensing fraud.

Demieties Pieter Botes joined 16 licensing officials and one vehicle fleet owner who were arrested last year in connection with the scandal. The Hawks arrested the 46-year-old man on Tuesday.

Botes faces 261 counts of fraud emanating from transactions conducted in 2017 when officials that worked at the Mbombela provincial helpdesk of the Department of Community Safety, Security and Liaison fraudulently licensed his fleet of vehicles, which include truck-tractors and tippers.

The Mpumalanga provincial government suffered a loss of R1 005 923.40 in uncollected vehicle license fees because of fraud committed on Botes’s vehicles alone.

He was granted R15 000 bail and the case was postponed to 20 July 2023. The matter has been transferred to the Mbombela Commercial Crimes Court where he will stand trial together with his 16 co-accused.

The arrest followed extensive investigations involving the Road Traffic Management Corporation’s (RTMC) National Anti-Corruption Unit, the Hawks, and the Special Investing Unit.

“The investigation revealed that administration clerks who worked at the Mbombela help desk and other registering authorities manipulated the electronic national administration traffic information system (eNaTIS) between 2018 and 2019 to assist motor vehicle owners to avoid payment of vehicle licence fees and penalties owed to the state.

“Their modus operandi involved changing the ownership of affected motor vehicles into the name of an unsuspecting individual, a deceased person or a dormant company. Fees and arrear penalties will then be passed on the unsuspecting individual or companies before vehicle ownership is changed back to the rightful owner without any debt due from the rightful owner,” the RTMC said.

In some instances, fees were dumped onto government vehicles by using a GG authority code. The suspects are jointly facing 603 charges of corruption, fraud, and money laundering.

Investigations are continuing and the possibility of further arrests has not been ruled out.

The Special Investigating Unit (SIU) has welcomed the arrest of a man who allegedly defrauded the Office of the State Attorney.

The Directorate for Priority Crime Investigation (the Hawks) arrested Advocate Hassan Ebrahim Kajee over the weekend following an SIU investigation and was released on bail of R20 000.

Kajee was a lawyer for the Office of the State Attorney and was appointed to represent the state in various matters.

“The arrest of Advocate Kajee follows an SIU investigation, which revealed that Advocate Kajee inflated invoices, invoiced for services not actually rendered and overcharged for alleged services rendered. Furthermore, Advocate Kajee would bill that he worked more hours daily than actual hours in the day and invoiced for work on different matters simultaneously.

“In line with the Special Investigating Units and Special Tribunals Act 74 of 1996, the SIU referred evidence pointing to criminal conduct to the National Prosecuting Authority (NPA) for further action which in the arrest of Advocate Kajee,” the SIU said.

The matter is expected back in court next month.

The corruption busting unit has also hauled Kajee before the Special Tribunal in a civil case related to some R27 million damages case.

“[The] SIU is pursuing a civil case…against Advocate Kajee to recover approximately R27 million for damages the State suffered, because of the alleged corrupt and collusive relationship between the former head of the Office of the State Attorney [in] Johannesburg, Gustav Lekabe and Kajee.

“Lekabe is alleged to have briefed Advocate Kajee as counsel for the State in a plethora of matters in which the applicant charged for legal fees not actually rendered, doubled-charged for similar work done in a specific matter and double invoiced the Office of the State Attorney.

“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 both investigations caused by acts of corruption, fraud, or maladministration,” the SIU said.

Police in Namakgale, Limpopo, have appealed to community members to come forward with any information that can help to locate a suspect who allegedly stabbed and killed his ex-girlfriend in Makhushane village.

According to a report, police received a complaint on Saturday about a woman who was allegedly stabbed by her ex-boyfriend. Police immediately rushed to the scene, where upon arrival, they found the victim, Judith Mathebula (26), lying in a pool of blood at an open field near Makhushane dairy.

Provincial police spokesperson, Lieutenant Colonel Malesela Ledwaba, said preliminary investigations revealed that the suspect asked the victim to meet him at the field, with the intention of handing over items he bought for their minor child.

“The victim went to meet the suspect in the company of her 18-year-old niece. It is further alleged that on their arrival, the suspect unexpectedly grabbed the victim and stabbed her numerous times with a sharp object and thereafter fled the scene on foot.

“The victim was found with stab wounds on the head and neck, and was certified dead on the scene. She was identified as Judith Mathebula from Makhushane village,” Ledwaba said.

Limpopo Police Commissioner, Lieutenant General Thembi Hadebe, has condemned the incident and urged community members with information to assist the police to locate the suspect.

“Police are calling on Watch Ndlovu, who is a resident in the Gravelotte policing area, to avail himself at the nearest police station to assist in the investigation. Anyone with information that can lead to the apprehension of the suspect may contact the investigating officer, Lieutenant Colonel Condry Mathebula, on 082 469 1240 or call the crime stop number 08600 10111 or visit the nearest police station or use MySAPSApp,” Ledwaba said.

The South African Police Service (SAPS) Commissioner in Limpopo, Lieutenant-General Thembi Hadebe, has applauded members of the Groblersbrug Border Post for their alertness and commitment, which led to the arrest of an alleged cigarette smuggler.

This comes after the team on Sunday confiscated two heavy-duty trucks, fully loaded with illicit cigarettes.

SAPS said the two trucks were on the border of Groblersbrug, waiting to enter South Africa from Botswana, when members on duty became suspicious and conducted a search on the two trucks.

Groblersbrug is the border post on the South African side between South Africa and Botswana.

“They ultimately found cigarettes loaded in the trucks,” the statement read, adding that the trucks had been fully loaded with illicit cigarettes worth over R1.4 million.

“One of the two truck drivers was arrested on the spot, while the other one fled the scene on foot,” SAPS said.

The arrested suspect is expected to appear before Phalala Magistrate’s Court today to face charges of smuggling illicit cigarettes.

Former Bizhub Lions cricket player, Jean Symes, has been found guilty of participating in match-fixing for the domestic Ram Slam T20 Cricket Challenge.

This comes after the Anti-Corruption officer at Cricket SA received information from a whistle-blower about alleged match-fixing planned for the 2015/2016 domestic Ram Slam T20 Cricket Challenge.

“The matter was brought to the attention of the Hawks Serious Corruption Investigation team based in Pretoria and an investigation was conducted. The investigation revealed that a former Protea cricket player, Gulam Bodi, was approached by bookmakers from India to identify and recruit cricket players to participate in the scheme.

“Bodi also approached Symes, who accepted a gratification to the equivalent of US $2 500 (or approximately R30 000) to participate in the scheme,” the Hawks said.

The thirty-seven-year old has been sentenced to four years imprisonment, wholly suspended for five years on condition that the accused is not convicted of committing a similar offence in terms of Prevention of Corrupt Activities Act (PRECCA) during the period of suspension.

Symes was sentenced in the Pretoria Specialised Commercial Crime Court last month, where he faced charges of corruption in terms of PRECCA.

Meanwhile, Pumelela Matshikwe (37) was sentenced for the same offence by the same court on 10 June 2022.

This was after he admitted to having received a total of R50 000 enticement to participate in match-fixing during the said tournament. He also received a five-year sentence.

The investigation, led by Cricket South Africa (CSA), implicated the cricketers for their role in the conspiracy. They were banned for a period of between seven and 20 years by the International Cricket Council (ICC).

“Bodi was the first to be convicted in this case to five years imprisonment in October 2019 after he admitted to charges of attempting to fix matches in the same series. Bodi acted as an intermediary for international betting syndicates, and approaching certain players with a view to engaging in fixing activities during the competition,” the Hawks said.

An urgent meeting has been requested between the South African and United Arab Emirates’ central authorities as well as the Minister of Justice and Correctional Services Ronald Lamola and his counterpart in the UAE – to get an update on the status of an extradition application pertaining to Atul Gupta and Rajesh Gupta.

The brothers were arrested in the UAE last year. They are wanted by the South African authorities to answer to charges of fraud, corruption and money laundering.

In a statement on Thursday, the Ministry of Justice and Correctional Services said it is waiting for an update on the status of its extradition application pertaining to Atul and Rajesh Gupta from the UAE.

Justice and Correctional Services Minister Lamola expressed concern that following a visit by the Central Authority to the United Arab Emirates to ensure that the application meets the requirements of the UAE authorities, there has not been an update on the first court appearance of the fugitives to determine whether there will be a hearing on the application for extradition.

“To date, the Central Authority has made various enquiries, the latest request is an urgent meeting between the two central authorities and the Minister of Justice and Correctional Services and his counterpart in the United Arab Emirates,” said the Ministry.

The Ministry is pursuing this matter via the diplomatic channels pursuant to the extradition treaty between the two countries.

The brothers are wanted in South Africa in relation to the R25 million Nulane Investment fraud and money laundering case.

The case relates to a procurement fraud involving R24.9 million, paid between November 2011 and April 2012 by the Free State Department of Agriculture (FSDoA) to Nulane Investment 204 (PTY) LTD, a company owned and controlled by Iqbal Sharma.

From there, the funds were diverted to Islandsite Investments 180 (Pty) Ltd (Islandsite), a company owned and controlled by the Gupta family.

The R24.9 million was purportedly paid to Nulane to conduct a feasibility study for the Free State Province’s flagship Mohoma Mobung project, on the basis that Nulane had unique skills to perform the work.

The group is charged together with three companies, Nulane Investment 204 (Pty) Ltd, Wone Management (PTY) LTD, Pragat Investment (Pty) LTD, Islandsite Investments Pty Ltd, the National Prosecuting Authority said at the time.

The other accused in the case are former government and state entity officials, former Transnet board member Iqbal Sharma, former Free State head of Department for Rural Development Peter Thabethe, former head of FSDoA Limakatso Moorosi, former FSDoA Chief Financial Officer, Seipati Dhlamini and Nulane Investment employee Dinesh Patel.

The Hawks’ Serious Corruption Investigation team conducted simultaneous search and seizure operations at a house in Bedfordview and offices in Germiston and Edenvale on Wednesday morning.

According to the police, the action is part of the ongoing investigation into alleged tender irregularities that resulted in approximately one billion rand being siphoned from the Gauteng Department of Health.

It also follows the operation that was executed at the Tembisa Hospital premises towards the end of 2022.

“It is as a result of tenders attached to the Tembisa Hospital from around 2016 to early 2022. Over 220 entities and various individuals are subjects of an ongoing investigation in respect of numerous allegations.

“This include schemes that reportedly thrived in infringement of the Public Finance Management Act (PFMA). These were made possible through tender manipulation, kickbacks, inflated prices and or duplicated invoices amongst other contraventions,” explained the police in a statement.

Various electronic gadgets as well as documentary proof have been seized for further investigation.

No arrests have been effected at this stage pending further investigation.

Eastern Cape Provincial Police Commissioner, Lieutenant General Nomthetheleli Lillian Mene, has commended the arrest of four dangerous suspects in connection with the mass shooting at a birthday party in KwaZakhele, Gqeberha.

The suspects were arrested on Monday in Peelton location in King Williams Town.

They were arrested by the Serious and Violent Crimes Unit, in conjunction with the Provincial Tracking Team.

The arrests come after the lead investigator received information on the whereabouts of the four outstanding suspects believed to be linked to the birthday mass killing in KwaZakhele. Eight people were shot dead and three others seriously wounded on 29 January 2023, when two armed men entered a property in Makanda Street and opened fire at those attending the birthday party.

According to information received, the four fugitives, aged between 30 and 34, were found hiding in Peelton.

“The first suspect to be arrested, Mzwandile Mahambehlala (33), is currently in St Albans Prison and due to return to court on Monday, 3 April 2023 for a formal bail application, whilst the latest suspects will be transported to Gqeberha where they will be detained, and are expected to appear before New Brighton Court on Thursday, 30 March 2023,” Mene said.

The State’s first witness in the R37.7 million Estina dairy farm tax fraud trial is expected to continue his testimony in the Pretoria Magistrate’s Court today.

This is another matter from the main R280 million Estina farm fraud and corruption case, which implicated the former Minister of Mineral Resources, Mosebenzi Zwane.

National Prosecuting Authority Investigating Directorate (NPA ID) spokesperson, Sindisiwe Seboka, said the accused on trial are known Gupta associates Kamal Vasram and Saliesh Indurjeeth, who have pleaded not guilty.

“The Pretoria Magistrate’s Court heard evidence from the State’s first witness, Piet Swart, a SARS investigator [on Monday]. Swart testified about the customs clearance submission, which relates to nine shipping containers that carried different dairy equipment purportedly from Gateway Limited in the UAE.

“[Vasram and Indurjeeth] face charges of fraud, contravention of Section 54(1)(A) of the International Trade Administration Act and contravention of Regulation 22 of the Exchange Control Act – charges arising from a joint investigation by SARS and the Investigating Directorate,” Seboka said.

Meanwhile, the Johannesburg Specialised Commercial Crimes Court has sentenced a 47-year-old man to 12 years’ imprisonment for crimes related to fraudulent tax returns.

NPA spokesperson, Phindi Mjonondwane, said 47-year-old Harisu Bukari and his company were charged with some 19 counts of fraud, two of forgery and uttering after claiming undue VAT refunds worth over R2.7 million.

Mjonondwane explained that Bukari’s company was “was not legally entitled to claim VAT refunds” from the South African Revenue Service (SARS).

“A business entity is compelled under certain conditions to register for VAT with SARS. Once registered, the entity is then referred to as a VAT Vendor and it must levy VAT on the supply of goods and services. This is referred to as Output Tax. The VAT Vendor is also entitled to claim VAT on various expenses incurred, be it capital or operational expenses, provided it is for the furtherance of the business as permissible by the VAT Act. This is referred to as Input Tax.

“Every VAT Vendor must submit periodic returns to SARS, accounting for both Input and Output Tax. The form rendered periodically is referred to as a VAT 201 return. SARS places upon the bona fides and honesty of each VAT Vendor to calculate and administer the amount payable to SARS or refundable to the VAT Vendor on a basis of trust between SARS and the VAT Vendor.

“The NPA applauds Advocate Mzuhleli Mcosini and investigators from SARS’ Criminal Investigations unit for ensuring that the accused faces the full might of the law for abusing the trust that SARS placed on him as a VAT Vendor and hope that the sentence imposed will serve to deter citizens from avoiding tax liability through criminal conduct,” Mjonondwane said.

A director who unsuccessfully facilitated the undue processing of permits for Gupta associate Ashu Chawla and others in Ethiopia and in the United Arab Emirates has been dismissed from the Department of Home Affairs.

Major Kobese, the Director for Appeals, was found guilty on three counts of gross misconduct in the execution of his duties in a disciplinary hearing that lasted five months.

“The first allegation involved him having exerted pressure on the officials of the department to process and issue visas and permits in breach of the applicable laws and/or regulations and/or standard procedures applicable within the department.

“The second allegation involved him having allowed outside and/or private individuals and/or interests to unduly control and influence him in the execution of his duties, which in many instances resulted in some visa applicants getting preferential treatment in respect of their applications.

“The third allegation involved him having engaged in grossly inappropriate conduct including paying a bribe,” the department said.

The dismissal is effective from Wednesday.

The department said the visas that he wanted issued, were not issued because officials based in these missions refused to be part of his shenanigans.

The Chairperson of the Disciplinary Hearing found that “given the core responsibility of Kobese, as a senior manager, to maintain the highest standards of ethical conduct and a high level of integrity and his complete lack of remorse, the conclusion which I ineluctably arrive at is that the employment relationship has been destroyed and dismissal is the appropriate sanction.”

Minister of Home Affairs, Dr Aaron Motsoaledi, said the department is unflinching in its commitment to ensuring that it brings to a speedy end irregular practices and decisions by Home Affairs officials within the system.

“The outcome of this disciplinary hearing shows that there are many officials who continue to do their work diligently even when placed under pressure by their managers. It also shows that we are rooting out all forms of corruption, malfeasance and irregularities we find at Home Affairs,” the Minister said.