Category: Crime & Corruption News

Agriculture, Land Reform and Rural Development Minister Thoko Didiza has condemned the murder of a Free State farmer last week.

In a statement, the department said it is alleged that a group of assailants fatally shot the farmer, Tebogo Machakela, in the head.

According to media reports, the 37-year-old cattle farmer succumbed to his injuries after the attack left him in a coma for six weeks.

It is alleged that assailants made away with R5 000 during the attack.

Machakela’s brutal killing follows the murder of Brendin Horner, another young farmer in the province a few weeks ago.

“The death of Mr Machakela is not only a great loss to his family and friends, but to the agricultural sector as a whole,” said Didiza who learnt of the incident on Friday.

The Minister has called on those who might have witnessed the murder to assist the police in apprehending the suspects.

“In the same light, I call upon the police to live no stone unturned in making sure that the culprits are put behind bars,” she said.

The Minister sent her condolences to Machakela’s family, friends and colleagues.

Two senior Hawks officers and a former colleague are expected to appear in court soon after they were this morning arrested for alleged fraud and corruption relating to promotional appointments in the agency.

Hawks spokesperson Katlego Mogale in a statement said: “The Hawks’ Serious Corruption Investigation members in their quest to rid the organisation of those members who aren’t willing to be beyond reproach executed warrants of arrests for the senior officers and the former officer who allegedly misused their power and authority whilst discharging their duties as members of selection panels within the DPCI.”

She said the investigation was kick-started when there were irregularities picked up at the North West DPCI office which necessitated the probe. The investigation spans throughout the provinces.

“It should be clear by now that the Directorate does not favour or prejudice anyone in executing its Mandate. The principle followed is that regardless of the seniority of the suspected officers, the members of the Directorate still perform their work without fear, favour or prejudice,” said national Hawks head Lieutenant-General Godfrey Lebeya.

He said the focus is on the crime committed and it is not about the status of the alleged perpetrator.

“No individual member can negatively influence the investigation of cases against himself or herself,” he said.

“While we continue to treat every suspect as innocent until proven otherwise, where there appears to be sufficient evidence, we shall secure the attendance of the suspect in court.”

The suspects are expected to appear in the Pretoria Specialised Commercial Crimes Court soon.

Meanwhile, the Hawks have confirmed the resignation of its spokesperson, Brigadier Hangwani Mulaudzi. Lebeya has considered the resignation.

“The reasons for tendering the resignation is cited as personal. The National Head has accepted the resignation with immediate effect,” reads the statement.

Transport Minister Fikile Mbalula says a recently unveiled multifaceted security plan, anchored on insourcing capacity, will make an invaluable contribution to the fight against theft and vandalism of rail infrastructure.

Mbalula on Tuesday participated in a debate in the National Assembly, which focused on the impact that the ongoing damage to public rail infrastructure has on the economic lives of the most vulnerable and poor commuters.

Security-related incidents in the rail environment increased by 20% between 2017/18 and 2018/19 from 7 737 to 9 268.

Since 2012/13, security related incidents per million train kilometres increased by 175% per million train kilometres.

Theft and vandalism accounted for 88% of all security-related incidents in 2018/19.

“In addressing the pressing challenges that impact on the livelihoods of the poor, who rely on the rail system for their mobility needs, we have sought to secure the passenger rail environment by bolstering passenger security.

“The previous security arrangement was based on a 100% outsourcing model and placed reliance on private security firms. Notwithstanding the huge cost, that intervention was clearly not realising the desired outcomes,” Mbalula said.

A new security plan was recently unveiled and this plan is premised on developing the requisite internal capability and capacity to mitigate and combat theft and vandalism of the rail infrastructure.

The plan prioritises:

–       Internal security capability for armed response, control room operations and increasing the number of physical security officials.

–       An e-guarding solution has been introduced for the protection of mission critical assets, which include substations, relay rooms and sites for global systems for mobile communications for the railway environment (GSM-R), with early warning security technology and defensive security systems.

–       Specialised investigation services, with legal support and an access to a criminal laboratory. This capability will assist to improve investigations and charging of offenders under the Criminal Matters Amendment Act of 2015. The successful prosecution and conviction of offenders could lead to sentencing of imprisonment not exceeding 30 years or in case of a corporate body, a fine not exceeding R100 million.

–       Remotely Piloted Aircraft Systems, also referred to as drones, have been deployed to conduct virtual patrols of high-risk infrastructure. This capability will work in tandem with specialised investigations and armed response.

“These interventions are not only security force multipliers, but also enablers that will make an invaluable contribution to the enhancement of security responses to the theft and vandalism, and will also result in a significant reduction in crime statistics in the rail environment.

“These will be complemented by the walling of corridors, with the Mabopane corridor in Gauteng and the Central Line in Cape Town already at procurement phase,” said Mbalula.

The Chairperson of the Portfolio Committee on Police, Tina Joemat-Pettersson, has condemned the barbaric mass shooting that took place in Gugulethu, Cape Town.

The death toll has since risen from seven to eight after one of two survivors died in hospital.

Joemat-Pettersson has since called for the South African Police Service (SAPS) to leave no stone unturned in investigating the heinous crimes that took place on Monday.

The deceased, aged between 30 and 40 years, were shot and killed by unknown gunmen at a house in NY 78 in Gugulethu.

“The killings are concerning in the context of the worrying upward trend in murders in general in the country. Also, the shooting follows similar killings of six people in Khayelitsha in September, five people in Joe Slovo in October and the killing of seven people in Phillipi in July,” she added.

The Chairperson has emphasised the importance of collaboration between the police and the community to fight the scourge of crime in communities.

She said the situation in the Cape Flats also requires all stakeholders to rally together and fight these crimes head-on.

Joemat-Pettersson has called on the SAPS and the Anti-Gang Unit to come up with strategies to prevent such attacks from happening, especially as the festive season draws near.

“The proliferation of illegal firearms in our streets is also an issue of concern and the SAPS must come up with concrete strategies in completely dealing with this matter,” the committee said, adding that an intelligence-led investigation is necessary.

The committee said it would engage senior management of SAPS at provincial and national levels to get a briefing on how they envisage fighting this scourge.

Western Cape Premier Alan Winde has called for speedy action from the SAPS.

“I share our people’s anger at the horrific massacre that took place in Gugulethu last night [Monday], where eight people have been murdered.”

Winde has extended his deepest condolences to the families and loved ones of those who have been killed.

“There must now be swift action from the SAPS to ensure the arrest and prosecution of all those involved. No stone must be left unturned,” he added.

The Western Cape Minister of Community Safety, Albert Fritz, also called for the transversal steering committee on organised crime to urgently convene and address this latest incident.

The committee was to be established following an engagement with the Minister of Police Bheki Cele on 16 September 2020.

Winde said the province would continue to do whatever they can to play their part in building a safer Western Cape.

“That is why during my special address to the legislature last month I said that we will continue with our boots-on-the-ground commitments, including the deployment of an additional 500 officers to those 500 already deployed.”

The province has called on anyone with information on this matter to immediately come forward and report such to their local SAPS station, call Crime Stop on 08600 1011 or use the tip-off function on the MySAPS cellphone application.

Higher Education, Science and Innovation Minister Blade Nzimande has welcomed the arrest of five suspects for the killing of Coastal Technical and Vocational Education and Training (TVET) College student, Smanga Zulu.

Zulu, together with two other students from Coastal KZN TVET College in uMbumbulu Campus, were shot by unknown assailants on 21 October 2020.

The three students were rushed to KwaMakhutha Clinic. Zulu, who died at the clinic, was laid to rest on 31 October 2020 in eMondlo, Northern KwaZulu-Natal.

The other two students are currently recuperating well in hospital.

Two suspects made a brief appearance in uMbumbulu Magistrate Court on 2 November 2020 while the other three appeared in the same court on 3 November 2020.

It is expected the suspects will be facing charges ranging from murder to suspected murder. The case was postponed to 11 November 2020.

“I congratulate SAPS for swiftly arresting these suspects. I am grateful to the members of the community who cooperated with the police during their investigation,” Nzimande said.

Nzimande also wished the two students who are still in hospital a speedy recovery.

Call for swift arrest in murder of college Head of Infrastructure

Meanwhile, Nzimande has also urged law enforcement agencies to act decisively and swiftly in arresting an assailant who shot and killed the Head of Infrastructure at the same TVET College, Lindinkosi Mazibuko.

Mazibuko was shot in the campus staff parking lot by an unknown assailant on 30 October 2020. The perpetrator disappeared after the incident.

The Minister visited Mazibuko’s family home in Donnybrook outside Bulwer on Sunday, where he expressed his heartfelt condolences to the family, friends and the entire Coastal TVET College community.

Nzimande also called on members of the community who might have information that leads to the arrest of the criminals to contact the police.

Police spokesperson Colonel Thembeka Mbele said a case of murder has been opened at KwaMakhutha Police Station for investigation.

Home Affairs Minister Aaron Motsoaledi has welcomed the arrest of three Home Affairs employees in Sekhukhune in Limpopo.

All three officials, who are immigration officers, appeared in the Motetema Magistrate’s Court on 02 November 2020.

The three officials are Onitta Mokoena who is a control immigration officer based in Nebo and Puledi Selomo and Emmanuel Ntjana who are immigration officers based in Jane Furse.

The trio are alleged to have demanded a R10 000 bribe when they found an undocumented foreign national instead of arresting him.

It is alleged that the amount was reduced to R4 000 and was paid to the trio.

The matter was reported to the Hawks, who collaborated with the Counter Corruption Unit of the Department of Home Affairs to effect the arrest.

“It is pleasing that law enforcement officers are working together to ensure that rogue officials in the department are brought to book. I fully support the efforts of law enforcement officers in ensuring that there is no maladministration in the department,” said Minister Motsoaledi.

The trio have been released on R2 500 bail each and are scheduled to reappear in court on 08 December 2020.

“I am hugely disappointed that the three employees are entrusted with enforcing the law. They broke the law they were supposed to enforce,” the Minister said.

The department has started disciplinary proceedings against all three employees.

Minister Motsoaledi encourages anyone who may have information about corrupt or any other criminal activities to contact the SA Police Service or the Anti-Corruption Unit of the department.

People with information can contact the following:

– National Anti-Corruption Hotline on 0800 701 701.

– Home Affairs Counter Corruption Unit on 012 406 4318.

Western Cape Organised Crime detectives have launched an investigation into the fatal shooting of seven people in Gugulethu, Cape Town, on Monday afternoon.

In a statement, Western Cape South African Police Service (SAPS) spokesperson, Brigadier Novela Potelwa, said preliminary reports indicate that three women and four men, between the ages of 30 and 40 years, were shot and killed by unknown gunmen at NY 78 in Gugulethu.

Crime scene experts arrived timeously at the scene.

“Two other victims were injured and taken to a medical facility. Details from the scene are still sketchy. An update will be provided in due course,” said Potelwa.

Authorities in Gauteng this weekend closed down 15 illegal and non-compliant liquor outlets across the province.

Members of the South African Police Service (SAPS) — joined by Gauteng Traffic Police, Metro Police Departments, Emergency Medical Services, Gauteng Liquor Board, the Department of Community Safety and other government departments — carried out the operation.

“Most of these outlets were in the northern suburbs of Johannesburg and were shut down during the intensified O Kae Molao operations, led by senior management of the SAPS and the various law enforcement agencies,” said the police in a statement.

In addition, 44 motorists were arrested for driving under the influence of alcohol and 20 for drinking in public.

Meanwhile, the owner of a popular liquor outlet in Rosebank was fined for failing to display a liquor licence and for allowing patrons to leave with liquor from the on-consumption outlet.

Furthermore, over 1 050 suspects were arrested across the five districts in Gauteng during the weekend crime combatting operations, led by the respective District Commissioners.

Police in Tshwane arrested 396 people for different offences.

These suspects were arrested for the commission of offences, including murder, armed robbery, rape, housebreaking and theft, possession of suspected stolen property, malicious damage to property, assault with intent to cause grievous bodily harm, reckless and negligent driving, theft of motor vehicle, illegal possession of firearm and ammunition, house robbery, possession of drugs, dealing in drugs, dealing in liquor without a licence and public drinking.

In the West Rand, a total of 158 arrests were secured during the weekend operations for crimes including possession of unlicensed firearm, possession of ammunition, possession of dangerous weapon, assault with intent to cause grievously bodily harm, sexual assault, rape and attempted murder, amongst other crimes.

In Ekurhuleni District, police arrested 383 suspects, while 58 were arrested in Johannesburg, and 56 in Sedibeng for various serious and violent crimes that include robbery, car hijacking and assault with intent to cause grievous bodily harm, rape and murder.

The suspects will soon appear before various Magistrate’s Court.

The Financial Sector Conduct Authority (FCSA) has imposed a R161 million administrative penalty on former Steinhoff chief executive (CEO), Markus Johannes Jooste, for breaching sections of the Financial Markets Act.

In a statement issued on Friday, the authority said the breaches were in relation to provisions that prohibit an insider from disclosing inside information and/or encouraging or discouraging another person to deal in securities to which the inside information relates.

“The insider trading breaches were in respect of share transactions in Steinhoff International Holdings NV (Steinhoff) during November and December 2017,” the FCSA said.

The FCSA said the administrative penalty imposed on Jooste is pursuant to an investigation by the authority, which found that in November 2017, shortly before the much-publicised significant decrease in the market value of Steinhoff shares, Jooste was privy to Steinhoff related inside information.

“Whilst privy to inside information, he disclosed some of the information in a ‘warning SMS’, encouraging four individuals close to him to dispose of their Steinhoff shares prior to the publication of some of the inside information to the rest of the market,” said the authority.

Three recipients acted on his disclosure and encouragement, and sold Steinhoff shares.

“The legislated approach in calculating insider trading related penalties, as outlined in the Financial Markets Act, requires, as a starting point, a determination of the losses avoided or profits made (‘the ill-gotten gains/ benefit’) by those who traded whilst in possession of inside information,” said the FCSA.

Provisions of the Act permit the FCSA to order the beneficiaries to pay back the ill-gotten benefit.

The authority said this is a legal principle referred as “disgorgement”.

In addition, said the authority, the three may be required in each case to pay an amount for penalty purposes, which does not exceed three times their benefit.

“In cases of disclosure or encouragement, the applicable provisions permit the Authority to order the tipper to be jointly and severally liable with those he tipped for their ill-gotten gains.

“Additionally, for penalty purposes, the tipper may also be liable to pay an amount not exceeding three times the gains made by those he tipped, an additional amount of up to R1 million, cost of the investigation and interest.

“In arriving at the amount of the administrative penalty imposed on Jooste, and in line with the provisions of section 82 (2) and 82 (3) of the Financial Markets, read with section 167 of the Financial Sector Regulation Act, 9 of 2017, the Authority considered, among other factors, the amounts of the losses avoided by the recipients of the warning SMS as a result of the offending transactions; Mr Jooste’s level of cooperation during the investigation; the seriousness of the breaches; the need to deter such conduct; and his submissions regarding the merits of the case against him (including his submissions regarding an appropriate penalty),” said the FCSA.

The penalty of R161 568 068 imposed on Jooste includes a multiple of three times the losses avoided due to the transactions executed by the recipients of the warning SMS, plus the amounts discussed further in this statement regarding his joint and several liability with two recipients of the SMS.

The penalty imposed on Jooste also includes an amount of R1 million for disclosing inside information and encouraging Jaap du Toit to sell his Steinhoff shares. Notwithstanding the disclosure and encouragement, Du Toit never acted on the contents of the warning SMS.

Jooste has also been ordered to pay interest on the penalty amount of R161 568 068. The interest is in respect of any unpaid portion of the administrative penalty, until the penalty is fully paid.

He is also ordered to pay the authority’s costs incurred in connection with investigating the contraventions in this matter.

The FCSA has also imposed a R115 million penalty on Ocsan Investment Enterprises (Pty) Limited (Ocsan), a company that was controlled by a long-time acquaintance of Jooste – the late Ockie Oosthuizen.

Oosthuizen instructed Ocsan’s sale of Steinhoff shares on 30 November 2017 following receipt of the warning SMS and thus caused Ocsan to breach section 78 (1) of the Financial Markets Act.

Amongst other relevant considerations, the Authority found that Oosthuizen deliberately misled investigators during questioning and thus failed to provide meaningful cooperation.

President Cyril Ramaphosa says government is looking at establishing additional Special Commercial Crimes Courts in several cities, given the rise in commercial crimes and COVID-19 procurement corruption.

The President said this when he responded to oral questions in the National Council of Provinces on Tuesday.

“The rise in serious commercial crimes and incidents of COVID-19 procurement corruption have meant that we are fast-tracking the establishment of additional Special Commercial Crimes Courts, and increasing capacity of existing ones,” he said.

He said this after a SA Revenue Service COVID-19 project team conducted an investigation that has laid bare incidents of tax evasion in relation to COVID-19 procurement.

As at end of September 2020, there were 307 cases, with an estimated tax revenue loss of R300 million.

There are 139 companies referred for potential tax evasion investigation.

“We are looking to establish additional Special Commercial Crimes Courts in Polokwane, Mbombela, Mahikeng, Mthatha and Mangaung.

“A lot of work is happening to ensure that we handle all these COVID-related cases,” the President said.

Government, he said, has responded swiftly and decisively to allegations of corruption in the award of COVID-19 related contracts.

Measures taken includes the establishment of a fusion centre, which brings together nine law enforcement agencies to share information and resources, and ensure a coordinated response.

“On 23 July 2020, I issued a proclamation to the Special Investigating Unit to investigate COVID-19 related maladministration and unlawful conduct in any State institution during the national state of disaster.

“The SIU is currently looking into 932 matters under the issued proclamation, and all these matters are at different stages of investigation.

“The SIU has, to date, provided me with two interim reports, which outline progress in the investigations, including where investigations have been finalised.

“The reports of SIU investigations will be made public once all the necessary process have been completed and there is no risk of jeopardising ongoing investigations,” said President Ramaphosa.