Category: Crime & Corruption News

The Special Tribunal has dismissed an application by beneficiaries of the National Lotteries Commission (NLC) to reconsider a preservation order granted to the Special Investigating Unit (SIU) against them.

The beneficiaries also failed in their bid to have the SIU’s application to have the grant funding reviewed and set aside.

The beneficiaries – through non-profit organisation Inqaba Yokulinda – allegedly pocketed at least R15 million out of at least R19 million in NLC funding which was earmarked for the construction of athletics tracks in two provinces.

Some R2.5 million of that money is alleged to have been paid into the account of a law firm for the purchase of a R27 million luxury home owned by former NLC board chairperson Alfred Ntshengedzeni Nevhutanda while the rest of the money allegedly bought luxury vehicles, paid off loan debts and paid for a R58 000 spa day, among other things.

The SIU had obtained the preservation order against the beneficiaries in February last year and preserved two Mercedes Benz AMG vehicles, an Audi A3, a Honda Jazz and residential home in Zwartkop.

Some of those linked to the scandal include:

• Inqaba Yokulinda CEO Buyisiwe Khoza
• CEO of IT company Unicus, Jabulani Sibanda
• Acting Athletics South Africa (ASA) CEO Tshifhiwa Terrence Magogodela
• Former NLC board chairperson Alfred Ntshengedzeni Nevhutanda

In the application for reconsideration of the preservation order, Judge Soma Naidoo said the applicants have not presented any facts which may prompt the tribunal to reconsider the preservation order.

“In my view, the SIU had established a prima facie case for the grant of the preservation order. Additionally, there are no facts that have been presented in the reconsideration application, which, if placed before the Tribunal on 14 February 2022, would have caused it to refuse the application for an interdict/ preservation order,” Naidoo said.

Mpumalanga Provincial Police Commissioner, Lieutenant General Semakaleng Manamela, has welcomed the arrest of a third suspect in connection with the murder of a councillor in Mkhondo last week.

In a statement, provincial SAPS spokesperson Brigadier Selvy Mohlala said the team assembled to investigate the killing arrested a 40-year-old suspect on Monday.

The suspect, who is from uMbumbulu in KwaZulu-Natal, was taken in for questioning and ultimately charged with murder. He will today appear before the Piet Retief Magistrate’s Court.

Councillor Sbonelo (Mthembu) Ntshangase (36), Sandile Khumalo (51) and Sizwe Mbingo (40) were gunned down in a shooting at the Longhomes Township in Piet Retief on Friday, 13 January 2023 at around 8pm.

“It is further alleged that suspects fired multiple shots at Mr Ntshangase who was in the yard, and also shot Mr Mbingo inside a bakkie who sadly died at the scene whilst Mr Khumalo was shot in the yard as well. Thereafter the suspects fled to unknown direction.

“The police in Piet Retief as well as the paramedics were informed about the incident whilst Mr Ntshangase and Mr Khumalo were privately taken to a nearby hospital. Mr Khumalo was unfortunately certified dead on arrival meanwhile Mr Ntshangase regrettably succumbed to his injuries moments later.”

A case of three counts of murder was opened and a dedicated team of experts in the field of investigation was immediately assembled by Lieutenant General Manamela.

On Tuesday police had reported that two male suspects had been arrested and an automatic rifle with ammunition were confiscated. They have been charged with possession of unlicensed firearm and ammunition.

The Provincial Commissioner urged members of the public, including families and colleagues of the victims, to remain calm and allow police the space to investigate and bring all perpetrators to book while allowing due processes of the law to take their course.

“We have always stayed true and committed to our call of duty, that of preventing crime, and when crime has been committed we are obligated in terms of the Constitution of the Republic of South Africa, to investigate and bring perpetrators thereof to book.

“We still need support from members of the public regarding further details which may assist in the investigation to come forth. We promise to treat such information with much delicacy,” she said.

The Department of Public Works and Infrastructure (DPWI) has affirmed that the generators that have been provided to the Johannesburg High Court by the department are reliable and work accordingly.

This confirmation follows last week’s announcement by Gauteng Deputy Judge President Roland Sutherland that court hearings would be moved online due to the ongoing load shedding.

Sutherland reportedly said the continued load shedding affected proceedings as the High Court building did not have a reliable generator which could cover the periods of outages.

However, the department said the generators at the Johannesburg High Court were adequate and the only problem that arises was the issue of fuel.

“Regarding the issue of the Johannesburg High Court, DPWI was only informed of the problem on Friday, 13 January 2023, that the fuel was low. There was nothing that the department could do about that as client departments are responsible for buying consumables and ensuring that generators do not run out of fuel.

“We, as the department, are responsible for the installation, maintenance and fixing of generators,” the department said on Tuesday.

The department said generators might heat up and become inadequate due to the long periods that they are expected to run during different stages of loadshedding.

“The DPWI is now advising clients to consider other sources of energy such as solar power as a back up to generators. These interventions would lessen the risk of overheating of generators and excessive fuel costs.

“In this case of the Johannesburg High Court, the client failed to procure diesel timeously. In the meantime, the DPWI has placed a technician on site so they may deal with any issues that may arise with the generators as quickly as possible.

“We also suggest that our client has a dedicated team to keep a close eye on the availability and procurement of fuel stock. All other requests for generators in courts are always implemented and we are not aware of any generator problems elsewhere,” the department said.

The Department of Public Enterprises (DPE) says it is seeking legal advice and will respond soon to a lawyer’s letter sent to it pertaining to load shedding and the imminent electricity tariff increase.

This after a group of lawyers sent a letter to the department demanding, among other things, that the increase granted by the National Energy Regulator of South Africa (NERSA) not be implemented and that load shedding be immediately stopped or an explanation be provided as to why not.

“The department received a letter from Mabuza Attorneys demanding that the department and Eskom make certain undertakings regarding load shedding and the 18.65 % tariff increase granted by NERSA.

“The department is still considering the letter and seeking legal advice on the matter and will respond in due course,” the DPE said.

Eskom has been battling to keep the lights on for several weeks – culminating in the implementation of the more stringent Stage 6 load shedding last week which was downgraded to Stage 4 and 5 on Tuesday.

“We want to assure the public that everything possible is being done to end or minimise load shedding,” the department said.

The DPE added that it is also focused on ridding the power utility of corruption and stabilising power stations where generating unit breakdowns have hampered energy availability.

“However, those who are a part of corruption, intimidation and abuse of procurement practices or obstruct government’s efforts to clean up each power station of such corruption, will face the full might of the law.

“All South Africans must unite to eliminate this corruption. At the same time, Eskom is in the process of finalising its plans to take further urgent steps to stabilize the power station’s performance and reliability,” the department said.

President Cyril Ramaphosa has welcomed the decision handed down by the South Gauteng High Court Division to interdict the private prosecution brought against him by former President Jacob Zuma.

The former President has instituted a private prosecution against President Ramaphosa and alleges that the president is an “accessory after the fact” in the case against prosecutor Advocate Billy Downer and journalist Karyn Maughan.

The interdict means that the President will not have to appear in court on Thursday in the Downer and Maughan matter.

However, the court is yet to decide whether former President Zuma’s private prosecution is lawful.

Meanwhile, presidential spokesperson Vincent Magwenya said the interdict is an affirmation of President Ramaphosa’s contentions with the private prosecution.

“The court affirmed all of the President’s key contentions, namely on jurisdiction of the court to hear the interdict application, the urgency of the matter against a court appearance date based on a prima facie unlawful nolle prosequi. The court further found in the President’s favour on the violation of rights to personal freedom based on a prima facie defective summons.

“The judgement confirms the positon of the President that the private prosecution is motivated by the ulterior purpose based on spurious and unfounded charges, constitutes an abuse of private prosecution provisions and demonstrates flagrant disregard for the law,” Magwenya said.

The Minister of Higher Education, Science and Innovation, Dr Blade Nzimande, says he remains confident that the police will arrest those behind the suspected assassination attempt on the University of Fort Hare Vice-Chancellor, Sakhela Buhlungu.

This comes after Buhlungu’s Executive Protection Officer, Mboneni Vesele, was shot and killed over the weekend.

Nzimande visited the University of Fort Hare on Wednesday following a pattern of assassinations and threats on staff at the university.

In March 2022, a number of attacks also took place at the homes of the Vice-Chancellor and two other senior officials from the university.

“I remain outraged by this inhumane act of disdain and strongly condemn it. I however remain more confident that the law enforcement agencies, led by the Minister of Police, Bheki Cele have already begun with investigations into this outrageous act to find and hold those responsible accountable,” Nzimande said.

Nzimande further appealed to the community to provide any meaningful information that will assist SAPS in this regard.

“This pertains to both information related to the killings of Investigation Mr Vesele’s and Mr Peter Roets who was the university’s fleet and transport manager who lost his life in May 2022.

“It is also important that I emphasise that their attack is not only an attack on the University of Fort Hare but also an attack on the entire Post School Education and Training sector,” he said.

Fight against corruption, maladministration and capture of institutions

Nzimande said his team is determined to fight any acts of corruption, maladministration and institutional capture everywhere it emerges in all Post-School Education and Training institutions, including at the University of Fort Hare.

The Minister said this includes putting appropriate safety and security measures to protect both employees and staff.

“I also once more encourage all the Vice Chancellors (VC) and TVET College Principals to engage with my department on all security related issues to enable us to engage with the Cabinet Security Cluster, particularly on security concerns that have an impact on the institutions’ ability to perform their duties,” he said.

Nzimande said that part of the interventions include working together with the sector stakeholders – namely, former administrators, researchers, university registrars, representatives from the Council on Higher Education (CHE) and Universities South Africa (USAf).

He said the aim is to develop the Guidelines for Good Governance Practice and Governance Indicators for Councils of South African Public Higher Education Institutions in order to develop governance indicators and monitor governance practices of universities.

On the attempted assassination on the VC, Nzimande said that in terms of their own assessments, these events are most likely linked to the work of the Special Investigating Unit (SIU), which has been underway since the Presidential Proclamation of 5 August 2022 (Gazette 47199).

The proclamation followed a request from the University in 2020 to the SIU and the signing of a Memorandum of Understanding between the University and the SIU in June 2020.

The terms of reference of the SIU are outlined in the gazette and include investigating corrupt and unlawful activities over a ten-year period from 2012 to 2022.

The schedule also specific focus on procurement irregularities in cleaning and gardening services (between 2012 and 2019); leasing of student accommodation since 2013; appointment of a service provider for maintenance and repair of air conditioning systems (2018); and collusion of officials and suppliers or service providers.

The schedule also focuses on alleged maladministration in the affairs of the University’s Faculty of Public Administration in the awarding of honours degrees; mismanagement of funds and sourcing of public servants to study in various programmes for individual financial gain.

“These allegations are also linked to the University’s suspension of Professor Edwin Ijeoma, who was Head of Department, and who subsequently resigned in February 2021. The disciplinary processes continued following his resignation and he was found guilty on all charges.

“There were reports of how deep maladministration was entrenched in the institution, which Professor Buhlungu had reportedly been actively rooting out since he assumed office. These endeavours saw several senior managers and staff members suspended, some resigning and others dismissed,” Nzimande said.

Police Minister Bheki Cele has assured the management of Fort Hare University that police are intensifying their response to the recent violent and fatal attacks at the institution.

Cele on Wednesday welcomed the heightened policing interventions by the South African Police Service (SAPS) to find those responsible for a series of attacks on university staff, which have claimed two lives.

The latest was the murder of Fort Hare University (FHU) Vice Chancellor, Professor Sakhela Buhlungu’s protector Mboneni Vesele, who was shot and killed over the weekend.

The ministerial visit comprised Cele, Higher Education and Science and Innovation Minister Blade Nzimande, Minister in the Presidency Mondli Gungubele as well as State Security Deputy Minister Zizi Kodwa.

National Police Commissioner General Fannie Masemola has established a multi-disciplinary team to investigate the pattern of threats on the lives of the staff members of the institution.

Police Ministry spokesperson Lirandzu Themba said the team, which will report directly to the office of the National Commissioner, was expected to commence its investigations into the murder of Vesele.

“Mr Vesele was a close protector and driver of Fort Hare University Vice Chancellor, Professor Sakhela Buhlungu, he was killed while inside the Professor’s vehicle. The scope of the investigative team will also include other alleged attempted hits on university staff, including the murder of Fort Hare University fleet manager, Petrus Roets, who was fatally shot last year [in] March,” said Themba.

Minister Cele says the high-level intervention was necessary and “must produce results”.

“It is quite clear that the local police are just not working fast enough in making arrests and this newly established National Team through its work, must send a strong message to criminals that this government will not be threatened or shaken and will certainly not back down or co-govern with criminals,” said Cele.

The multi-disciplinary team will include detectives, forensic analysts, crime intelligence, members of organised crime and the Directorate for Priority Crime Investigation (DPCI).

“As we start the academic year, we can’t afford to have anyone, be it a student, a lecturer and even a groundsman or cleaner of this institution feel uneasy about their safety. This is why the team must work closely with university staff and the intelligence community to crack the cases that will see the culprits go to jail.

“This, I am sure will guarantee that this respected institution is not turned into a killing field,” said the Minister.

The high-level team of Security Cluster ministers and the SAPS management on Wednesday paid a visit to Vesele’s family.

“The delegation also met with the Vice Chancellor of Fort Hare University, Professor Sakhela Buhlungu, who expressed his appreciation for ramped up police response from the National office, to prevent combat and investigate crime within the institution,” said the Police Ministry.

Police have arrested an alleged kingpin involved in ransom kidnapping cases in Mozambique.

According to police spokesperson Brigadier Athlenda Mathe, the man was arrested in Centurion during an operation led by members of the Trilateral Planning Cell (TPC) and the International Criminal Police Organisation (INTERPOL).

Mathe explained that the TPC is a structure of the Mozambican, South African and Tanzanian governments formed to “counter transnational organised crime in the region”.

“The team was acting on a warrant of arrest and an extradition request by the Government of Mozambique.

“On Saturday evening, the team also consisting of the Special Task Force (STF), Crime Intelligence and Organised Crime, pounced on 50-year-old Esmael Malude Ramos Nangy at an identified address in Centurion where he was arrested.

“In his possession the team seized a 9mm licensed firearm, fourteen 9mm cartridges, five cellphones, multiple bank cards for South African banks as well as multiple SA and Mozambican sim cards,” Mathe said.

An extradition hearing is to be held at the Randburg Magistrate’s Court on Monday where the man is expected to appear.

The Department of Correctional Services (DCS) has warned South Africans not to fall for a scam offering jobs in the department.

The department said the scam is prevalent during the festive season and first few months of the year “where innocent people are desperately looking for employment and therefore easily fall victim”.

“Members of the public are warned to refrain from paying for government jobs, as this is unlawful and will never be a prerequisite to get a job in government. DCS does not require money for any form of employment.

“The modus operandi of this scam is to advertise using social media and fake websites where victims are requested to call a particular number or visit a certain place.

“The scammers then request victims to pay a certain fee that will guarantee their appointment in the department and also submit ID copies and other documents. Fake interviews are then set up only for the victims to be told they have been scammed when they arrive on the day of the interview,” the department said.

The department emphasised that it does not advertise any of its vacancies on social media platforms.

“Job opportunities are advertised on www.dpsa.gov.za and www.dcs.gov.za . In most cases, job seekers will be requested to submit Z83 forms with supporting documents to a particular address.

“DCS officials assisting with the process of submissions are not supposed to ask for money or anything but to guide applicants on where to submit and sign the submission register. Members of the public are urged to report any individual masquerading as a DCS official to the nearest DCS/SAPS offices,” the DCS said.

Eskom Chief Executive Officer, André de Ruyter, has resigned from the power utility.

De Ruyter has been at the helm of the ailing electricity supplier since December 2019.

“It has been an honour and privilege to serve Eskom and South Africa. I wish all the hard working people of Eskom well,” he said on Wednesday.

Eskom board chairperson Mpho Makwana said de Ruyter will serve until the end of this financial year.

“Mr De Ruyter has agreed to stay for an additional period beyond the stipulated 30-days’ notice to ensure continuity while we urgently embark on a search for his successor. His last day at Eskom will be 31 March 2023.

“On behalf of the Eskom Board, executive and the entire Eskom staff, I thank De Ruyter for his extraordinary service to the people of South Africa. I also thank De Ruyter’s family for supporting the Group Chief Executive during the tumultuous period,” Makwana said.

Public Enterprises Minister Pravin Gordhan thanked de Ruyter for his service to the country.

“André has carried an enormous burden on behalf of South Africa.  I want to thank him for his sacrifice and resilience in a difficult job,” Gordhan said.

The news of de Ruyter’s resignation comes about three weeks after Eskom Chief Operating Officer Jan Oberholzer announced that he will be retiring in April next year.

This year, the power utility also accepted the resignations of its long serving head of generation Philip Dukashe, acting head of generation Rhulani Mathebula and also long serving Chief Nuclear Officer Riedewaan Barkadien.

Meanwhile, Parliament’s Portfolio Committee on Public Enterprises chairperson Khaya Magaxa said the committee noted and welcomes de Ruyter’s resignation.

“The committee appreciates the role Mr de Ruyter played at Eskom and will ever cherish it. However, the committee also recognises that his ability is not stretchable beyond the crisis point the power utility has reached notwithstanding our unwavering support as the committee to him,” he said.

The chairperson and the committee note that de Ruyter has not been able to “resolve the worsening problem of load shedding according to timeframes he had given to the committee” and called for a replacement who will be able to resolve the crippling electricity crisis.

“Eskom requires a replacement which will provide workable and practical solutions to the rising complex problems facing the power utility currently,” Magaxa said.