Category: Crime & Corruption News

The South African Revenue Service’s (SARS) efforts to clampdown on swindlers, received a shot in the arm when a company and its director received suspended sentences for defrauding the revenue collector of R5.7 million.

This came after YB Mashalaba and Associates (Pty) Ltd and it’s director, Yandisa Bavulele Mashalaba, pleaded guilty in the Bloemfontein Regional Court of PAYE fraud for claiming a false PAYE credit of the R5.7 million.

In a statement, SARS said an investigation by its auditors found that a false Pay-As-You-Earn (PAYE) credit was submitted to nullify a tax debt to the value of R5.6 million.

The PAYE credit was disallowed by the SARS auditors, said the revenue collector.

The company was fined R 100 000 suspended wholly for five years, while the director was fined R 500 000 or five years imprisonment suspended wholly for five years.

SARS Commissioner Edward Kieswetter in the statement said companies and their directors would face criminal prosecution if they transgressed the law and tried to defraud the fiscus of any revenue that was due to the state.

“SARS will make it hard and costly for any taxpayer who wilfully and intentionally seeks to break the law as we expect every taxpayer to meet their obligations and pay their fair share of tax,” he said on Tuesday.

Ten suspects were on Monday remanded in custody for their alleged role in the recent unrest in greater Durban.

The suspects, who appeared before the Verulam Magistrate’s Court, face charges ranging from murder, attempted murder, malicious damage to property, possession of stolen goods, as well as the unlawful possession of firearms and ammunition.

Spokesperson for the National Prosecuting Authority in KwaZulu-Natal, Natasha Kara, said the matters were held in camera to protect the identity of the accused persons as identity parades were yet to be conducted.

“The matters were reminded to the 30th of July 2021 for bail consideration,” she said.

Two weeks ago, violent scenes swept across parts of KwaZulu-Natal and Gauteng when crowds looted and gutted businesses.

The unrest claimed over 330 lives in the two provinces, with the most deaths recorded in KZN. Of these deaths, 22 were in Phoenix, north of Durban, were suspected vigilantism trumped communities protecting their communities.

Last week government revealed that the unrest cost the KZN economy R20 billion and over 150 000 jobs.

Western Cape law enforcement agencies are bracing for a coordinated response to potential violent attacks that may arise as a result of the closure of a taxi route and ranks in Bellville and Mbekweni.

This comes after the closure of route B97 between Mbekweni and Bellville, as well as that of identified taxi ranks, was announced by Western MEC for Transport and Public Works, Daylin Mitchell, on Friday. This was after shooting incidents which saw taxi operators and commuters injured and killed.

The shootings in Cape Town left commuters stranded in the past week, as the attacks and threats resulted in the suspension of major public transport services.

In anticipation of planned attacks and threats, the Western Cape Provincial Joint Operational and Intelligence Structures (ProvJoints) said it has embarked on a series of operational planning meetings to counter any illicit activity.

ProvJoints spokesperson Brigadier Novela Potelwa said: “The City of Cape Town’s security and security metro police, law enforcement and traffic services are on standby to be deployed strategically as force multipliers at identified hotspots.”

She said the SAPS visible policing contingent will also be on the ground at taxi hubs, highways and major routes, while detectives are on hand to investigate cases.

“Meanwhile, intelligence operatives have been hard at work for some time to deal with the threat at hand. In addition, the recently-deployed SANDF members will be placed in high risk areas to augment police deployments. Where necessary, air support will be summoned.

“Road users are urged to demonstrate patience and understanding in the event of road closures, diversions and detours, as a result of law enforcement actions. All of the operational activities to be embarked upon will be in the interest of safety for all.”

The ProvJoints urged commuters, road users and members of the public who witness criminal acts or become victims themselves to report all illicit activity to the number 021 466 0011. The number is located at the SAPS Command Centre for a swift and coordinated response.

ProvJoints also issued a stern warning to those intent on causing disruptions to transport services in and around Cape Town to reconsider their plans, as the integrated forces will not hesitate to take decisive action.

“Those found on the wrong side of the law will be dealt with harshly.”

The Department of Employment and Labour has urged the public in the Free State to be on the lookout for people posing as electricians.

The department said it has opened a criminal case against an individual who was in possession of a fraudulent certificate of registration as an electrical contractor.

The matter was brought to the attention of department Occupational Health and Safety Inspectors when a home owner complained of sub-standard electrical installation done by the accused at his new house.

“The alleged imposter also issued a Certificate of Compliance for electrical installation to confirm that the installation is safe and compliant with standards, although it was not.

“Subsequent to this complaint, the department undertook an investigation into the allegations, and discovered that the accused had a fraudulent electrical contractor’s registration certificate and a wireman’s licence.”

The department said it is only mandated to issue a letter of registration to competent electrical contractors, in terms of Regulation 6 of Electrical Installation Regulations, 2009.

Regulation 6 provides that “no person may do electrical installation work as an electrical contractor, unless that person has been registered as an electrical contractor in terms of these Regulations”.

The accused was never issued with a letter of registration by the department.

Home, building and business owners are therefore urged to ensure that they only appoint competent and legally registered electrical contractors to work on their electrical installations, as this will ensure the safety of occupants.

To verify the authenticity of any electrical contractor’s letter of registration, or to lodge an electrical complaint, members of the public in the Free State can contact the Department of Employment and Labour on 051 505 6371/6200.

A South African National Defence Force (SANDF) member is on Monday expected to appear before the Oudshoorn Magistrate’s Court after he was arrested at the weekend in connection with a cash-in-transit heist at a petrol station in the town last week.

The arrest was made by the Hawks National Priority Violent Crimes team (NPVC), together with the Attaqua K9 Unit from Oudtshoorn.

In a statement, the Hawks said the 36-year-old SANDF captain, attached to the Infantry School in Oudtshoorn, was arrested on Friday and would be the fourth suspect to be charged after three suspects were arrested shortly after the incident.

“This comes after security guards from Fidelity Cash Solutions were robbed while collecting cash from a petrol station. One of the security guards was accosted by two armed suspects while on his way back to his armoured vehicle. He was disarmed of his service pistol and robbed of a bag containing cash,” said Hawks spokesperson, Zinzi Hani.

She said minutes after the robbery, the Hawks’ team stopped a Nissan Sentra and arrested three occupants.

“A search of the vehicle resulted in the seizure of the stolen security guard firearm and sealed money bag containing the stolen cash, along with a second firearm, which had its serial number filed off.

“The Hawks team also found a full SANDF uniform in the Nissan Sentra. None of the three occupants were soldiers. A loyal service medal was pinned to the jacket with the name and rank of the SANDF member.

“Further probing found that the vehicle that was used in the robbery, a white Toyota Tazz fitted with false number plates, had been driven by the SANDF member. The white Toyota Tazz drove away from the crime scene and stopped next to a silver/blue Nissan Sentra and the stolen goods were transferred from the Toyota Tazz to the Nissan Sentra.”

On Wednesday, the Hawks team followed up on information received from Oudtshoorn detectives on the whereabouts of the Toyota Tazz used in the robbery.

The Tazz was found parked inside a garage of a residence in Oudtshoorn, not far from the Infantry School. The set of false number plates used in the robbery was found inside the vehicle.

“Consequently, the SANDF member was arrested. The suspect is due to appear on 26 July 2021 in the Oudtshoorn Magistrates Court on charges of robbery with aggravating circumstances,” Hani said.

President Cyril Ramaphosa says the violence and destruction that engulfed parts of KwaZulu-Natal and Gauteng two weeks ago caused much damage to property and livelihoods, but also had a huge impact on the cohesion of communities.

This was most evident in the tragic events that took place in and around Phoenix in eThekwini.

“During some of the worst unrest in our democracy, and in a climate already thick with suspicion and paranoia, people that had lived side-by-side in relative peace turned on each other,” said the President in his weekly newsletter on Monday.

He said much still needs to be unearthed about the events that took place over the course of the last two weeks. The proliferation of fake news, doctored images and incorrect information has made it difficult to separate fact from fiction.

“But we do know from official reports and personal accounts that people were racially profiled at illegal roadblocks, some people were pulled out of cars and beaten, and some were humiliated and degraded. Several people were killed,” President Ramaphosa said.

The President also spoke out against vigilantism, saying that it will not be tolerated.

Meanwhile, calm has been restored to the affected areas and law enforcement agencies are investigating all acts of criminality.

“A team of detectives has been assigned to deal with the murders and are working closely with local communities. There have been arrests and those responsible will face the full might of the law.”

He had stern words for those who tried to exploit people’s vulnerability and cause mayhem as well as those who want to present criminal acts in racial terms to serve their own purposes.

“They will not succeed. South Africa has a proud history of principled non-racialism and working class solidarity. African and Indian communities were united in the struggle against apartheid and, together with other communities, remain committed to a united and democratic society.”

The legacy of apartheid planning and persistent inequality has frustrated government’s efforts to build integrated communities.  “Our cities, towns and rural areas are still all divided by both race and class. This discourages cooperation and understanding, and hampers the work we have undertaken to build a non-racial society,” he said.

The correcting of spatial distortions must be part of government’s work of building an inclusive economy and improving the living conditions of all South Africans.

“It is why we are working to build flourishing township and rural economies, and focusing on the growth of small businesses. It is why we are investing in infrastructure in these areas and working to improve the provision of services.

“We need to have honest conversations not only about our attitudes to one another, but also about the material conditions that divide us. For as long as the division of wealth and opportunity in South Africa is largely still determined by race and gender, we will not be able to build a truly united nation,” the President said.

National Assembly (NA) Speaker Thandi Modise has proposed an extraordinary extended debate on the recent civil unrest, looting and destruction of property.

Modise made the proposal in a memorandum to political parties represented in the National Assembly.

In her memorandum, Modise suggested that the debate be scheduled as soon as possible when the NA reconvenes in early August, preferably during the first week of House sittings.

Modise also recommended that reports of committees already involved in oversight activities on the unrest inform the proposed extraordinary extended NA debate, meaning these committees should prioritise their engagements, confer if necessary, and report to the National Assembly as soon as possible before the House reconvenes.

“Deliberation on these reports during the proposed extraordinary debate may lead to further enquiries. So, one or two weeks should be added to the NA’s forthcoming quarter. This would provide more opportunities for questions to Cabinet Ministers and for committee deliberations. Questions to Cabinet Ministers concerned with the unrest should be prioritised.

“The NA Programme Committee (NAPC) will be convened soon to finalise these arrangements. If there are deadlines for Question Sessions, dates may have to be secured and communicated before the NAPC meeting,” Modise said in her memorandum.

Transport Minister Fikile Mbalula has appointed a panel to assist government to address the challenge of unity and leadership in the taxi industry.

This comes after various incidents of taxi-related violence in Cape Town in recent months, which has claimed the lives of several taxi operators, drivers and commuters.

“In taking forward the commitment of the industry to find a sustainable solution to matters of unity and leadership in the industry, I have appointed a Panel of Eminent Persons to assist government in addressing the pervasive challenge of unity and leadership in the taxi industry,” the Minister said on Thursday.

The root cause of the conflict in Cape Town is a disagreement between the Cape Amalgamated Taxi Association (CATA) and the Cape Organisation for the Democratic Taxi Associations (CODETA).

“These two associations have a history of violence and conflict that goes back many years, precipitated by disputes over lucrative routes and ranking facilities,” Mbalula said.

He was addressing a media briefing with Western Cape MEC for Transport Daylin Mitchell on the developments regarding the taxi industry in Cape Town.

In tackling the current conflict and protecting the lives of innocent people, MEC Mitchell gazetted a general notice on 9 July 2021.

This notice outlined proposed actions, which the provincial government will have to resort to in the event where CATA and CODETA fail to find one another and arrive at an amicable solution.

“In the event a decision is arrived at for the Provincial Minister to implement some or all of the extraordinary measures outlined in the notice, these will be enforced without fear or favour.

“The province has our full support in this regard. The full might of the law will be unleashed on all those who undermine the law and seek to perpetuate violence,” the Minister said.

Following days of engagements with CATA and CODETA, who have yet to find a solution to the conflict, the Minister outlined a process that has been agreed on to address the matter.

He said government is affording the two associations a further opportunity to find each other and agree on how to resolve the conflict.

“We welcome the fact that no party has walked away from the negotiating table and that there is willingness among the parties to continue negotiations.

“Having taken note that the talks between these parties have failed to make any significant progress thus far, government is undertaking its own assessment, guided by its obligation to protect the lives of innocent people, on the implementation of the provisions of the law that should be invoked.

“In the event such provisions are invoked, this affords an opportunity to affected parties to make representations on the proposed measures including closure of routes and ranks,” the Minister said.

Mbalula said in the event the extraordinary measures are invoked, consideration must be given to the deployment of alternative transport for the communities and security thereof.

“In deploying alternative transport in the affected routes, the Provincial Minister is empowered by law to allow other operators to provide services on a temporary basis.

“Communication with affected communities is a key imperative, particularly on the availability of alternative transport arrangements, including the impact of this as well as the safety of commuters resultant from such operations. The mediation process must take its course in order to find a lasting solution to the conflict,” the Minister said.

He urged the two associations to make a concerted effort to find a lasting solution to the challenges that have persisted over the years with renewed purpose that has no room for violence.

“The safety of commuters remains the paramount and overarching priority of whichever outcome of the current processes and is a non-negotiable. The long-term solution should assist us in providing a safe, reliable, affordable and law abiding service for the commuters in the Cape,” the Minister said.

The Portfolio Committee on Police says it is steadfast that the executive will be held accountable for security lapses during the looting, violence and destruction of property that affected KwaZulu-Natal and Gauteng.

Concluding its oversight visit to Gauteng on Wednesday, the committee said it would make a follow-up and ensure that members of the executive are held to account, as per Section 92 (2) of the Constitution.

Committee Chairperson Tina Joemat-Pettersson said Members of the Executive are accountable collectively and individually to Parliament, and it would be a “dereliction of duty on our part as Members of Parliament if we do not ensure thorough accountability”.

“It is on this basis that we will be suggesting to sister committees within the Justice, Crime Prevention and Security Cluster to hold joint meetings to get to the bottom of security lapses during the violence and looting.

“The committee believes that a thorough accountability process is essential in preventing the recurrence of the violence in future. The proposal that the committee will make will include a discussion on the functionality of the intelligence apparatus, budgetary shortfalls, as well as collaboration within the cluster,” Joemat-Pettersson said.

Budget cut puts additional pressure on police

The chairperson added that the committee believes that the R11.8 billion cut to the police budget is the root cause of the slow response to looting and destruction of property.

“The acknowledgement that the police were overwhelmed as a result of the lack of human resources and equipment can only be addressed through consideration of the police’s budget,” she said.

Due to budget cuts for two successive years, the police were unable to undertake their annual intake of 7 000 new trainees into the South African Police Service (SAPS).

This, according to the committee, places additional pressure on the police “given the huge size of the population they serve”.

Investigating the police involved in looting

The committee called for the prosecution of the police officers who were arrested after being involved in looting.

Joemat-Pettersson urged the Independent Police Investigative Directorate to complete the investigations urgently.

“Also, internal disciplinary proceedings must be instituted to rid the service of rotten apples. We can only regain the credibility of the police through a strong and clear action against rotten apples,” she said.

CPFs commended for saving businesses

Meanwhile, the committee commended the community policing forums (CPFs) for their efforts in trying to save businesses in the face of threats of physical harm.

“We appreciate the work done by the CPFs, despite the many challenges within which they operate. We will engage with the Civilian Secretariat for Police Service and the SAPS to strengthen coordination, as CPFs are a critical pillar in fighting criminality,” Joemat-Pettersson said.

The committee also welcomed the restoration of calm and stability in Gauteng, and urged the communities to protect the public and private infrastructure to ensure, among other things, the continuation of economic activity in their areas.

Western Cape Premier, Alan Winde, and the MEC for Transport and Public Works, Daylin Mitchell, have met with the management of Golden Arrow Bus Services (GABS) to ensure more public transport capacity is brought into the system.

According to the Premier, Golden Arrow CEO, Francois Meyer, advised him that the bus service is continuing to bring more of its fleet online.

This follows the disruption of major public transport routes in Cape Town due to taxi violence that has been ongoing for months.

“This evening, 60% of their fleet or approximately 600 buses will be brought online, which is an increase from 40% of their fleet yesterday,” Winde said on Wednesday.

According to News24, GABS is running at 40% route capacity, since their drivers fear for their safety after a colleague was shot in the mouth on Monday.

“I made it clear that ensuring the safety of public transport operations is my top priority, and that SAPS has significantly increased their presence to ensure that violence is prevented,” the Premier said.

Meyer said the recent spate of taxi violence across the metro has had a devastating impact on the company’s ability to offer its scheduled services to its 250 000 daily passengers.

“Historically, Golden Arrow has been known as the most stable public transport operator that has always been there for Capetonians when other services were not operational. Unfortunately, the brazen criminality that we have seen over the last week has made this impossible.”

Meanwhile, he expressed his gratitude to Winde, Mitchell, the Provincial Department of Transport, the South African Police Service (SAPS) and the security directorate for their support during this very difficult time.

“We believe that this holistic approach advocated by the Premier and MEC is already creating a vastly safer operating environment,” Meyer said.

Interventions

Winde and Mitchell visited the Provincial Operations Command Centre on Wednesday, where they received a briefing on the now significant deployment of SAPS in the metro.

According to the province, this is a coordinated operation led by SAPS, with the support of the South African National Defence Force (SANDF), Metro Police, local law enforcement and traffic officers.

This follows Winde’s request for additional SANDF boots on the ground to be deployed.

According to the provincial government, the MEC has continued with engagements with the Minister of Transport, Fikile Mbalula, Cape Amalgamated Taxi Association (CATA), Congress of Democratic Taxi Association (CODETA) and South African National Taxi Council (SANTACO).

This is part of the renewed efforts to find a lasting resolution to this conflict.

“This is in addition to a number of steps being taken by the Western Cape Department of Transport and Public Works to ensure an end to taxi violence in the greater Cape Town area,” the provincial government said.

Meanwhile, the Department of Transport and Public Works (DTPW) said it was exploring approaching the Western Cape High Court to empower the MEC to place SANTACO associations under administration.

“The DTPW has suspended its financial support agreement with SANTACO until such a stage when the violence ends,” the province said, adding that it has suspended Blue Dot incentive payments to CATA and CODETA as a direct result of the conflict.

Meanwhile, Winde said small groups of criminals are denying the overwhelming majority of law-abiding taxi drivers from earning a living.

“They are also threatening the livelihoods of our most vulnerable communities at a time when the economy is already under pressure and jobs are being lost. We simply cannot allow it to continue, and that is why we will continue to do whatever we can to protect our commuters, and ensure that they can get to work, and home safely.”