Briefing to the Portfolio Committee on Police on the Status of Selected High Profile Cases 27 November 2018 Presentation by: Lieutenant General ...
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Briefing to the Portfolio Committee on Police 1
on the Status of Selected High Profile Cases
27 November 2018
Presentation by: Lieutenant General (Dr/Adv) SG Lebeya
National Head: Directorate for Priority Crime Investigation
PRESENTATION OVERVIEW
1. Mandate of the Directorate for Priority Crime Investigation
2
2. A Synopsis of the Life Cycle of a Case Docket
3. Status on Selected High Profile Cases
• Serious Corruption Investigation
• Serious Commercial Crime investigation
• Serious Organised Crime Investigation
4. Conclusion
3
Mandate of the
Directorate for Priority Crime Investigation
Mandate of the Directorate for Priority Crime Investigation
• The mandate of the DPCI is to prevent, combat and investigate national priority
offences focussing on: Serious Organised Crime; Serious Commercial Crime and
Serious Corruption.
• Section 17A of the Act defines “national priority offence” as:
Organised crime;
Crime that requires national prevention or investigation;
Crime that requires specialised skills in the prevention or investigation thereof, as
referred to in section 16(1) of the South African Police Service Amendment Act,
2012 (Act No 10 of 2012).
4
5 A Synopsis of the Life Cycle of a Case Docket
A Synopsis of the Life Cycle of a Case Docket
7 6
Court Hearings,
Further
1 Judgment and
Investigations
sentencing
Occurrence of a
Crime Evidence
Presentation in Evidence
Court Gathering
2
Evidence
Crime Scene Storage and
Contravention
of the Law
Management and Preservation
Investigations
Evidence
3 Analysis
Victim of a
Crime Re-
Preservation of Charge and Arrest Formulation of
Crime Scene charges
Notify / Report
to Police 4
Evidence
(Station)
Gathering
Statements
Docket to Court
Evidence Storage
and Preservation Prima Facie
Docket hand
Detective over to Court Bail Application
Evidence Analysis Investigations
5
Testifying in
Chargeable Case Court
Bail Application
Formulation of
Docket
charges
Management Determination of
Merits of Bail
Arrest Suspect Application &
Decision by Court
Formally charge
Suspect
6 TMS/Detectives
The Life Cycle of a Case Docket in the DPCI
• Due to the nature and complexity of the cases under investigation by the DPCI, the estimated life
cycle of a case can span between two (2) to ten (10) years. Some cases may go beyond the
estimated life cycle.
• The nature and complexity of the cases are contributors towards the life cycle, however, there are
other contributors such as:
o Stakeholder dependencies
Dependencies on external stakeholders.
o Tedious workload
An investigator could be working on over twenty high profile cases that may require over
200 statements from individuals.
o Court roll cases
Cases on court roll can span over ten (10) years.
o Capacity
At the establishment of the DPCI during the financial year 2009/10, there were 2 633
members. The number has since reduced significantly. Taking the aforementioned into
account, the case workload of 15 804 cases in the DPCI is high.
• Of these cases, twenty two cases have been selected as a sample for this presentation.
7
8 Serious Corruption Investigation
Serious Corruption Investigation
9
Sunnyside CAS 170/12/2017 (State Capture)
Summary of the case
A company known as Systems Applications Products (SAP) (South Africa) was awarded contracts
by Transnet and in return paid kick-backs to some South African registered companies that are
linked to a certain family. Some of the contracts include: contracts in respect of the provision of
HANA Enterprise Software that was signed on or about 23rd December 2014; and provision of
Innovation Solution (Simple Finance, Fraud Management) Software that was signed on or about 30
September 2015. The SAP reported itself in terms of section 34 of the Prevention and Combating of
the Corrupt Activities Act (PRECCA), 2004 (Act No 12 of 2004). An application for a s205 subpoena
for Investec, ABSA, Citibank has been received.
Value involved • R100 million
Charges • Fraud, Corruption and Money Laundering
Persons / entity
• SAP / suspected family
involved
Status of case • Matter still under investigation
Number of statements
• 42
taken
Serious Corruption Investigation
Sandton CAS 507/09/2017 & 966/09/2017 (State Capture)
Summary of the case
• This case relates to the pre-payment by Eskom to Tegeta for the purchasing of
Optimum Coal Holdings (“OCH”) amounting to six hundred and fifty nine million
five hundred and fifty eight thousand and seventy nine rand thirty eight cents
(R659, 558, 079.38).
• Investigations revealed that the Bank of Baroda played a key role in the facilitation of
the funds to purchase OCH.
• This case further relates to the misuse of the Rehabilitation Trust Fund of the
Koornfontein Fund to the amount of two hundred and eighty million rand (R280,
000, 000.00) which was transferred upon an instruction to a Bank of Baroda account.
• An additional Rehabilitation Trust Fund amounting to one billion four hundred and
sixty nine million nine hundred and sixteen thousand nine hundred and thirty
three rand sixty three cents (R1, 469, 916, 933.63) was also transferred into a Bank
of Baroda account; in which the bank played a critical role.
10Serious Corruption Investigation
…Sandton CAS 507/09/2017 & 966/09/2017 (State Capture)
Value involved • R2.4 billion
• Fraud, Corruption and money laundering
Charges
Persons / entity
• Eskom and Tegeta/ Trillian & Mckinsey
involved
Date submitted for
• Matter still under investigation
decision / court
Number of • 800
E.g. of a docket containing a
statements taken number of statements
11Serious Corruption Investigation
Wierdabrug CAS 548/12/2016 (State Capture)
Summary of the case
• This case relates to a company known as Homix that was used as a conduit for money
laundering to support a suspected family and associates.
• A number of companies transferred large sums of money to Homix, who then
transferred same to Hong Kong to two companies namely: YKA International Trading
Company; and Morning Star International Trade.
Value involved • R270 million
Charges • Fraud, Corruption and Money Laundering
Persons / entity
• Homix/suspected family
involved
Status of case • Matter still under investigation
Number of
statements taken • 32
12Serious Corruption Investigation
Park Road CAS 200/07/2017 (State Capture)
Summary of the case
• A company known as Estina entered into an agreement with the Free State
Department of Agriculture to establish, implement and manage a Dairy Project in
Vrede to benefit previously disadvantaged persons in the Vrede area.
• In terms of the agreement Estina was to provide a capital injection of two hundred
and twenty eight million rand (R228 million); of which that never happened.
• It has been established that the said amount was then transferred to the Bank of
Baroda and thereafter paid to Oakbay Investments , other different companies and
individuals and not the Vrede Dairy Project.
• These latter companies and their directors did not have any business relationship with
Estina or the Vrede Dairy Project.
• Eleven accused persons are currently before court in Bloemfontein.
13Serious Corruption Investigation
…Park Road CAS 200/07/2017 (State Capture)
Value involved • R283 million
Charges • Fraud, Corruption and Money Laundering
Persons / entity • Estina/Vrede Dairy Project /Free State Department
involved of Agriculture
Status of case • Remanded to 4 December 2018
Number of
• 295
statements taken
14Serious Corruption Investigation
Johannesburg CAS Central CAS 384/06/2017…
Summary of the case
• This case relates to the procurement of 1 064 locomotives; of which 465 are diesel
locomotives and 599 are electric locomotives.
• It is alleged that a Transnet Special Board Committee ceded its powers to a sub-
committee known as the Board Acquisition and Disposal Committee (BADC) to approve the
tender for the acquisition of the said locomotives.
• The tender was then awarded to Bombadier and China South Rail who then inflated the
price. They also failed to deliver, however, State funds were paid.
• Financial payments and invoices of four Original Equipment Manufacturers (OEM’s) and
relocation of two OEM’s were obtained.
• Three witness statements have been obtained with regard to relocation and an application
for level 3 has been conducted.
• S205 subpoenas served to Companies and Intellectual Property Commission (CIPC) and
Standard Bank. An application for Quantity Surveyors has been processed.
15Serious Corruption Investigation
…Johannesburg CAS Central CAS 384/06/2017
• R54.1 billion
Value involved
• Fraud, Corruption and money laundering
Charges
Persons / entity
• Transnet
involved
Status of
• Matter still under investigation
investigation
Number of
• 75
statements taken 16
16Serious Corruption Investigation
Sandton CAS 413/07/2017, 779/12/2017,452/05/2018
Summary of the case
• This case relates to a company known as Impulse International which had received
contracts and/or tenders from Eskom.
• It is alleged that procurement processes were not followed and that the Eskom
Tender Board was influenced from within to appoint Impulse International.
Value involved • R396.3 million
Charges • Fraud and Corruption
Persons / entity
• Eskom / Impulse International
involved
Date submitted
for decision / • Case still under investigation
court
Number of • 42
statements taken
17Serious Corruption Investigation
DPCI HO Enq 7/08/2018
Summary of the case
The allegations in this matter relate to the Venda Building Society (VBS) Mutual
Bank investigation.
Value involved • R1.5 billion
• Fraud and/or Uttering, Theft, Corruption, c/o
the Companies Act, c/o the Municipality
Charges
Finance Management Act (MFMA) & Money
Laundering
Persons / entity
• VBS Mutual Bank / Different Municipalities
involved
Date submitted for
• Case still under investigation
decision / court
Number of
• 71
statements taken
18Serious Corruption Investigation
Brooklyn CAS 300/11/2008…
Summary of the case
• This matter also relates to Brooklyn CAS 431/08/2011, Brooklyn CAS 544/09/2012 &
Brooklyn CAS 884/07/2013.
• The AgriBEE fund received R100 million for equity and for SMME”s to focus on skills
development.
• It seems that some of the applications and business plans in terms of the fund
manager and /or their business partners were done in order to obtain funds for the
AgriBEE fund
• Funds from the Department of Agriculture Land Bank were utilised to purchase
properties and vehicles for the CEO, the fund manager and their partners.
• The Fund Manager at Land bank became a section 204 witness in Brooklyn CAS
300/11/2008, Brooklyn CAS 431/08/2011 & Brooklyn CAS 544/09/2012.
• The availability of original documents are a huge challenge.
19Serious Corruption Investigation
20
…Brooklyn CAS 300/11/2008
Value involved • R 26,5 million
Charges • Fraud & Corruption
Persons/entity
involved • Department of Agriculture Land Bank
• Trial postponed to 29 January 2019 (provisional date
to obtain court record by defence in respect of
Date submitted to
bringing a section 174 application)
Court
• 14 March 2019 (provisional date for section 174
application arguments) 20Serious Corruption Investigation
21
…Brooklyn CAS 431/08/2008 (linked to Brooklyn CAS 300/11/2008)
Summary of the case
An employee of the National Department of Agriculture and the fund manager of the AgriBEE
fund approached a recipient of an AgriBEE grant and convinced him to deposit R2 million into a
trust account of an attorney in Witbank, stating that the funds was for another AgriBEE project. The
attorneys received R100,000-00 as fees and the remainder was split between the employee of the
National Department of Agriculture and the AgriBEE fund manager.
Value involved • R2 million
Charges • Fraud and Corruption
Persons / entity
• Department of Agriculture Land Bank
involved
Date submitted for
• 5 December 2018
decision / court 21Serious Corruption Investigation
22
…Brooklyn CAS 544/06/2012 (linked to Brooklyn CAS 300/11/2008)
• A grant of R6 million was paid to an entity on the verbal instruction of the CEO of the
Land bank, and the correct procedures were not followed in approving this grant.
• The former Chairperson of the Portfolio Committee of Agriculture in Parliament was
one of the individuals that personally benefitted from this grant.
STATUS ON CASE DOCKET
Accused 1 (Mohlahlane) was found guilty in 2018 on charges 1, Fraud and 2, Money
laundering
..
Accused 2 (Mohlaloga) was found guilty in 2018 on charges 1, Fraud and 2 Money
laundering
Accused 3 (Nkhwashu)was found guilty in 2018, on charges 1, Fraud and 2, Money
laundering
Accused 4 (Company) withdrawn earlier in the trial
Accused 5 (Attorney’s firm) was found guilty in 2018 on count 1 Fraud
Accused 6 (Company) not guilty was registered after the fraud
22Serious Corruption Investigation
Brooklyn CAS 544/06/2012 (linked to Brooklyn CAS 300/11/2008)
…
• R6 million
Value involved
Charges • Fraud and Corruption
Persons / entity
• Department of Agriculture Land Bank
involved
Date submitted to
• Remanded to the 14 February 2019 for sentencing
court
23Serious Corruption Investigation
24
Brooklyn CAS 884/07/2013 (linked to Brooklyn CAS 300/11/2008)
Summary of the case
• A request has been sent to the legal representatives for the submission of warning
statements by the 15 December 2018.
• After receiving the warning statements, further decisions will be made re the way
forward.
• The availability of original documents remain a challenge.
Value involved • R19.1 million
Charges • Fraud and Corruption
• Department of Agriculture Land Bank
Persons / entity
involved • Dr Mogale, Mr Mokale, Mr Gamede & Mrs Gamede,
Hlalala Energy Corporation & Lemang Investments
Date submitted
for decision / • 14 February 2019 (sentencing)
court 24Serious Corruption Investigation
25
Bedford view CAS 85/02/2017:
Summary of the case
• The case was reported on the 7th November 2013 in a form of a section 34 of Precca, by
Nick Alp of Webber Wentzel Inc obo Mobile Telephone Network (MTN)
• The case was transferred to the Anti-Corruption task Team (ACTT) on 15 May 2015 as an
enquiry. The enquiry was converted into a case docket on 27 February 2017.
• The allegations investigated are that MTN allegedly irregularly won a tender to operate a
Global System for Mobile (GSM) communications license in Iran following bribery of
certain public officials of the Iranian government.
• The allegations are further that, the former South African ambassador to Iran at the time
used his influence and proximity to Iranian politicians, to have the tender awarded to MTN
instead of the winning bidder Turkcell.
• An enquiry was sent to the Canadian Authority to ascertain whether the suspect is a
resident or illegal immigrant in Canada. The embassy indicated that they have a person
that matches the target but has a different birth date. The person's year of birth is 1941
whilst our target is 1944 but the remaining information is the same. Information is awaited
from the embassy.
• A warrant of arrest was issued for the arrest of the former ambassador and it was
established that he has since relocated to Canada. Extradition papers are being drafted for
his deportation.Serious Corruption Investigations
26
…Bedford view CAS 85/02/2017
Value involved • US$31.6 billion
Charges • Corruption and Foreign Bribery
Persons / entity
• MTN Group
involved
Status of a case • Matter under investigation
Number of
• 39
statements takenSerious Corruption Investigation
27
Durban Central CAS 1941/08/2003: e.g. life cycle of a case docket
Summary of the case
• On 23 August 2003 the then National Director of Public Prosecutions (NDPP) , Bulelani
Ngcuka announced the prosecution of Schabir Shaik. Although there was a prima facie
case against the former president of South Africa, there was no reasonable prospect of
a successful prosecution.
• Mr Shaik’s trial started on 11 October 2004 and concluded on 8 June 2005. He was
found guilty on charges of Corruption and Fraud.
• On 29 June 2005, the former President & Thint Holding (Southern Africa) were
charged.
• The matter was struck from the court roll on 20 September 2006 when the State
requested a postponement.
• On 27 December 2007 charges of corruption were re-instated against the former
President & Thint Holding (Southern Africa) (PTY) Ltd.
• On 6 April 2009 all charges were withdrawn.
• On 16 March 2018 charges of corruption and Racketeering were instituted against the
former President and & Thales South Africa (PTY) Ltd
• The 6th April 2018 the accused appeared in court and case was postponed to 8th
June 2018, 27th July 2018 and now30 November 2018, respectively.Serious Corruption Investigation
28
…Durban Central CAS 1941/08/2003:
• R 30.5 billion
Value involved
• Fraud, Corruption and Money Laundering and
Charges
racketeering
Persons/entity
• Department of Defence
involved
Date submitted to
• 30 November 2018 (4th appearance)
CourtSerious Corruption Investigation
29
Mmabatho CAS 345/05/2018
Summary of the case
• A company known as Agridelight entered into an agreement with the North West
Department of Rural Environment and Agricultural Development (READ) as an
implementing agent for the Department, for a three (3) year period.
• Agridelight as Implementing Agent was appointed to implement the following
projects:
Implement on and off farm infrastructure
Input supply;
Agro processing projects, and
Capacity building programs.
• It is alleged that the Department paid money to Agridelight yet no work was done
• At times the Director of Agridelight would be directed by the officials to transfer
monies into their accounts and/or those of their preferred companies.
• Investigations to date have revealed that the Department made payments of
approximately six hundred and four million forty eight thousand eight hundred
and twenty eight rand and eighteen cents (R604 048 828.18) into the bank account
held by Agridelight.Serious Corruption Investigation
30
…Mmabatho CAS 345/05/2018
Value involved • R604 048 828.18 million
Charges • Fraud, Corruption and money laundering
Persons / entity • North West Department of Rural Environment and
involved Agriculture Development
Status of docket • Matter under investigation
30Serious Corruption Investigation
Durban Central: CAS 1538/01/2009…
Summary of the case
The matter refers to the installation of water purification systems on 20 plants and is also
related to Pietermaritzburg CAS 626/1/2010 and 151/08/2010, respectively.
• False invoices were submitted for payment and tenders were approved without
following the proper procedures.
• The investigation was finalised in 2012, however there has been postponements at
court since February 2014.
• The case has been postponed on 12 month intervals since 2015, 2016, 2017, 2018.
• There are eight accused's appearing in this matter.
31Serious Corruption Investigation
32
…Durban Central: CAS 1538/01/2009
• R77.1 million: Durban Central: CAS 1538/01/2009
• R10 million: Pietermaritzburg CAS 626/1/2010
Value involved
• R70 million: Pietermaritzburg CAS 151/08/2010
Charges • Fraud and corruption
Persons / entity
• Department of Local Government
involved
Date submitted to
• Remanded to 11 March 2019
court
3233 Serious Commercial Crime Investigation
Serious Commercial Crime Investigation
Rosebank CAS 105/04/2013, JHB Central CAS 1298/08/2017, JHB Central CAS
1299/08/2017, JHB Central CAS 1300/08/2017, JHB Central CAS 1301/08/2017, JHB Central
CAS 1302/08/2017
Summary of the case
• It is alleged that Ronald Bobroff and Partners (RBP) concluded various illegal conflicting fee
arrangements with each of their clients.
• It is further alleged that these fee arrangements were illegal and in contravention of the
Contingency Fees Act 1997, (Act No. 66 of 1997 )as RBP’s clients were charged such
excessive fees, in some instances up to 40% of the amount paid by the RAF, as to be
considered fraud.
• The Contingency Fees Act limits the success fee which an attorney may charge to double the
attorney’s normal fee or 25% of the damages, whichever is the lower amount.
• Claims were instituted against the RAF for damages arising from injuries sustained in motor
vehicle accidents.
• It is also further alleged that RBP inflated the party to party cost as they claimed and
received fees from the RAF for consultations that apparently did not take place.
• The details of the suspect has been shared internationally on red notice.
34Serious Commercial Crime Investigation
Rosebank CAS 105/04/2013, JHB Central CAS 1298/08/2017, JHB Central CAS
1299/08/2017, JHB Central CAS 1300/08/2017, JHB Central CAS 1301/08/2017,
JHB Central CAS 1302/08/2017
Value involved • R92 million
• Fraud, alternatively Theft of Trust monies
Charges
• Money laundering
Persons / entity
involved • Ronald Bobroff & Partners (RBP) Inc
• Final Forensic Audit report
Status of case • Warning statements from the suspects
• Decision by the prosecutor
Number of
statements taken • 221
35Serious Commercial Crime Investigation
Pretoria Central CAS 1556/02/2010 (BOSASA)…
Summary of the case
• During the period of 2004 to 2007 four (4) tenders were awarded by the Department
of Correctional Services to companies within the BOSASA Group of Companies to
the value of R1.6 billion.
• The services were to be rendered between 2004 and 2007 but they were extended
over a period of time.
• It is alleged that officials from Correctional Services received gratification from
BOSASA.
36Serious Commercial Crime Investigation
…Pretoria Central CAS 1556/02/2010 (BOSASA)
Value involved • R1.6 billion
• Fraud, Corruption, Contravention of the PFMA
Charges
and Money Laundering
• Directors / officials from BOSASA and former
Persons / entity
officials from the Department of Correctional
involved
Services
• The following are outstanding:
Status of the case • Final forensic Report
• Warning statements
Number of
• More than 610 statements have been obtained
statements taken
37Serious Commercial Crime Investigation
Sandton CAS 489/06/2009 (Tannenbaum -Investment Scheme)
Summary of the case
It is alleged that during the period 2003 to June 2009, an illegal multiplication scheme
(Ponzi) was operated in South Africa, which later extended to include Australia,
Germany, United Kingdom, China, United States of America, etc.
Approximately 848 investors, including individuals, companies and trusts, were lured
into investing in the scheme.
Value involved • R13 billion
Charges • Fraud and Money laundering
Persons / entity
• Tannenbaum (Investment Scheme)
involved
Status of case • Final Forensic audit report outstanding
Number of
• 278 affidavits obtained
statements taken
38Serious Commercial Crime Investigation
Stellenbosch CAS 226/12/2017, Sandton CAS 612/08/2018: Steinhoff matter
Summary of the case
• Steinhoff International Holdings N.V is a company registered in the Netherlands with
secondary listing in the Johannesburg Stock Exchange (J.S.E).
• It is a holding Company for Steinhoff Investment Holdings Ltd (South Africa) which is listed
in the J.S.E.
• To date , four dockets and a report in terms of Section 34 of the Prevention and
Combating of Corrupt Activities Act of 2004, have been received, that relate to the
Steinhoff Matter.
• Three (3) Prosecutors from SCCU Pretoria are allocated to deal with the matter.
• Eight (8) investigating officers are assisting with the investigations.
• The relevant documents were submitted to the Asset Forfeiture Unit (AFU) on the 4th
October 2018.
• Eight (8) affidavits have been obtained from witnesses, of which three have been finalised
and five are in a draft stage.
• Registration documents for directorship on entities that are involved have been received
from the Companies and Intellectual Property Commission (CIPC).
• An application for a Mutual Level Agreement is in process for evidence to be obtained
from Austria.
39Serious Commercial Crime Investigation
40
…Stellenbosch CAS 226/12/2017, Sandton CAS 612/08/2018-Steinhoff matter
Summary of the case
• Subpoenas in terms of Sec 205 of the Criminal Procedure Act on the bank account has been
done and the requested information has been received.
• The statement of Mr Booysen has been finalised.
• Information that Mr Jooste alerted certain individuals before the value of the shares dropped is
being followed.
• Prevention of Organised Crime Act, Act 121 of 1998.
Charges • Prevention and Combating of Corrupt Activities Act, Act
12 of 2004 and the Companies Act, Act 71 of 2008
Persons / entity
• Steinhoff Investment Holdings
involved
Status of the case • Matter under investigation
Number of
• Eight
statements taken 40Serious Commercial Crime Investigation
Sandton CAS 53/08/2017
Summary of the case
Misrepresentation to Eskom Pension Fund that the former Chief Executive Officer
(CEO) at Eskom was a permanent employee of Eskom and legible to be a member of the
Pension Fund, whereas he was a fixed term Contract employee and not legible to be a
member of the Pension Fund.
Value involved • R11 million
Charges • Fraud and Corruption
Persons / entity
• Eskom Board
involved
Status of case • Matter under investigation
Number of
• 15 statements obtained
statements taken
41Serious Commercial Crime Investigation
Serious Economic Offenses Unit (SEOU) Enquiry 02/11/2016
Summary of the case
It is alleged that during the 2015/2016 financial year, certain officials employed at the Central
Energy Fund (CEF) and the Strategic Fuel Fund (SFF), had caused 10 million barrels of crude that
was part of South Africa’s strategic oil reserves to be sold to certain entities. It is alleged that
National Treasury was not informed of the sale and that the price that the crude oil was sold at was
lower than the price of crude oil at the time
Value involved • R2.5 billion
• Fraud and contravention of Public Finance
Charges
Management Act
Persons / entity • Central Energy Fund
involved
Status of the case • Matter under investigation
Number of
• 18 statement obtained
statements taken
42Serious Commercial Crime Investigation
Hillbrow CAS 405/07/2015
Summary of the case
The investigation deals with allegations of Fraud (Tender), Corruption, Money Laundering, irregular
fruitless waste full and unauthorised expenditure in relation88 new locomotivess to PRASA Tender
Number HO/SCM223/11/2011 for the supply of. The tender was awarded on 27 November 2016
to a newly registered company SWIFAMBO Rail Leasing. The tender had an initial value of
approximately R3.5 billion and subsequently upgraded to the value of R6.5 billion without
following due processes.
Value involved • R6.5 billion
Charges • Fraud and money laundering
Persons / entity • Former PRASA Board and other officials at PRASA as well
involved as Directors of Swifambo Rail Agency.
Date submitted for
•-
decision / court
Details of
• Adv. Wolvaahdt & Adv. Bengu
Prosecutor
Number of
• 249
statements taken
43Serious Commercial Crime Investigation
Madeira CAS 116/09/2013
Summary of the case
The suspect was a practising medical doctor at a government hospital where he
submitted fraudulent claims to various medical schemes and the money was deposited
into his account.
Value involved • R232 million
Charges • Fraud
Persons / entity
• Medical Doctor at a government hospital
involved
Status of case • Drafting of charge sheet by the DPP
Number of
• 12 statement obtained
statements taken
44Serious Commercial Crime Investigation
Graaf Reinet CAS 260/12/2010…
Summary of the case:
• The suspect operated a pyramid scheme where he received money from potential
investors and ultimately could not sustain the pay-outs and further submitted false
VAT claims.
• The accused first appeared in court on the 4th October 2017.
• The case has been remanded on twelve occasions due to the complexity of the case
and tendency by the defence attorney in delaying matters.
45Serious Commercial Crime Investigation
…Graaf Reinet CAS 260/12/2010
Value involved • R72 million
Charges • Reserve Bank Act (contravention of Reserve Bank
Act)
Persons / entity
involved • Private individual
Status of the cases • Remanded to 21 January 2019
Number of • More than 100 statements, including 24 lever arch
statements taken files
46Serious Commercial Crime Investigation
Ermelo CAS 332/05/2015
Summary of the case:
The suspect defrauded the Department of Education by submitting duplicate invoices.
Value involved • R834 488 million
Charges • Fraud
Persons / entity • Business and Department of
involved Education/Transport/Municipality
Status of case • 8 March 2019
Number of
• Seven
statements taken
4748 Serious Organised Crime Investigation
Serious Organised Crime Investigation
Harding CAS 199/07/2018-Clandestine Laboratory
Summary of the case
• On 2018/06/28 intelligence was received about a clandestine laboratory on a farm. An
operation was conducted which resulted in the following seizures:
Recoveries and Seizures
Chemicals, large quantity of Mandrax tablets estimated by the Forensic Science
Laboratory (FSL) to be about 3 million tablets with a street value of R180 million all
packed and ready for distribution were recovered.
The tablets were packed in batches of 10 000 and 5 000.
A large quantity of mandrax powder was seized in the laboratory.
Two tablet presses, each valued at about R1million was seized which according to FSL
each press could manufacture 16 tablets per second.
Approximately 200 templates [stamp] used in the tableting machine bearing various
insignia/motive and other large quantity of equipment associated with the
manufacturing / counting / weighing / drying / mixing / packing / transporting of
Mandrax
One vehicle, Opel Corsa, was seized.
One Nissan Navara, was also seized
49Serious Organised Crime Investigation
Harding CAS 199/07/2018
Summary of the case
• Two suspects were arrested on the same day, followed by the arrest of the 3rd accused on 02nd
August 2018.
• Four [4] Main Role-players have been identified and profiled and are currently being
investigated.
• The possibility of Money Laundering is being investigated.
• The Asset Forfeiture Unit is in the process of drawing up documents in order to obtain a
preservation order in respect of the Farm.
• Various statements have been obtained implicating the four [4] main role players of the
syndicate including invoices of purchases of equipment with serial numbers found on the
crime scene as well as cellphone records which is currently being analysed via Analyst
Notebook
50Serious Organised Crime Investigation
Harding CAS 199/07/2018
Value involved • R180 million
Charges • Dealing in narcotics
Persons / entity
• Private individuals
involved
• Remanded to 10 December 2018
Status of case • Awaiting the FSL analysis report; DNA results &
Fingerprint results.
Number of
• 76 statements obtained
statements taken
51Serious Organised Crime Investigation
…Harding CAS 199/07/2018
52Serious Organised Crime Investigation
Witbank CAS 939/04/2014- Cash-in Transit…
Summary of the case
• On 2014-04-27 at about 21:00 unknown suspects approached the SBV depot in Witbank
and overpowered the two guards at the premises and robbed them of their firearms.
• These two fire arms were later recovered on the scene. The two guards were then taken
away from the scene; the suspects disabled the alarm system and started cutting open one
of the safes with cutting torches.
• While the suspects were busy with the cutting of the safe other suspects went to the
residents of the two guards who were supposed to come on duty the following morning
and picked them up and took them to the other two guards where they gave them
somethig to drink to make them sick, all four guards were left alongside the road at
Kromdraai Witbank.
• The guards’ are at Cosmos hospital at this stage and cannot be interviewed due to their
medical condition. The suspects opened the safe and stole cash estimated value of
between 40 and 50 million rand.
• The cell phones of the guards were taken as well as the CCTV system on the premises
53Serious Organised Crime Investigation
…Witbank CAS 939/04/2014
Summary of the case
• During the investigation a total of 21 suspects were arrested.
• Three of the accused proceeded to be Section . 204 witnesses and two were prosecuted
separately in Krugersdorp.
• A total of 16 accused were indicted for the High Court.
• The case was withdrawn against accused 10 and 12 prior to the trial and the trial
proceeded against the remaining 14 accused's.
• During the trial, accused 2 was shot and killed in an incident that seems to be an
assassination, resulting in the case being withdrawn against him.
• It was established that R104 million was lost.
• Wellington Bibi Cenenda, is presently linked to Kriel CAS 113/07/2016 and in a case in
Tembisa.
54Serious Organised Crime Investigation
…Witbank CAS 939/04/2014
Summary of sentences
Accused 1, 7 and 9 Guilty on all 11 counts sentenced to 43
years imprisonment, effectively serving 20
years.
Accused 3., Accused 4, Accused 5 Guilty on 7 counts sentenced to 35 years
Accused 6. Accused 8, Accused imprisonment, effectively serving 20 years.
11,Accused 13, Accused 14,
Accused 15 and Accused 16.
55Serious Organised Crime Investigation
56
Witbank CAS 939/04/2014
…
• Approximately R90 million
Value involved
• Business Robbery,
• 4 charges on Armed Robbery,
Charges
• 4 charges on Attempted Murder
• 4 charges on Kidnapping
Persons / entity • Private Individuals/SAPS and former SAPS officials
involved /Reservists
Status of the case • Successfully concluded
56Serious Organised Crime Investigation
… Witbank CAS 939/04/2014
Some of the accuseds that have been sentenced:
57Serious Organised Crime Investigation
58
DPCI SOC ENQ CAS 1/04/2014…
Summary of the case
• During the investigation of project Veyron, which targeted the notorious Czech organised
crime boss, Radovan Krejcir, it was found that Jason Domingues-Baya was involved in
dealing in illegal narcotics in the Gauteng area.
• The narcotics were obtained from suppliers and growers of indoor marijuana and then sold
through various drug outlets.
• The target obtained drugs from various suppliers. He transported the narcotics to Gauteng with
hired vehicles and has a network of drug dealers that sell it at various distribution points.
• Some of the drugs are distributed at night clubs and to persons that place telephonic orders.
• The leader of this criminal group has also been connected to various other underground
figures and criminal networks.
• A direction in terms of sec 18 of the Regulation of Interception of Communications and
Provision of Communication-related Information Act, Act No 70 of 2002, was obtained and
approved for the cell phones of Jason Domingues and other possible suspects in the above
criminal enterprise.
• Evidence acquired through these interceptions clearly indicated that a criminal network was
dealing in illegal narcotics and that this group was led and coordinated by Jason Domingues.
58Serious Organised Crime Investigation
59
…DPCI SOC ENQ CAS 1/04/2014
• The value of the operation was determined to be more
than R1 000 000-00 per year. Court directed purchases
were done to the value of R17 650.
Value involved
• Drugs cell phones and fire arms to the value of
• R110 000-00 were seized
• A total of 42 charges , ranging from racketeering, money
Charges laundering , kidnapping, attempted murder, dealing in
drugs, cultivating drugs and possession of ammunition
Persons / entity • Jason Domingues-Baya
involved
• 15 March 2019 for representation by the accused to the
Status of case state
Number of • Average of twelve (12) statements and 17 dockets
statements taken
59Serious Organised Crime Investigation
Umvelo Mussina CAS: 292/09/2010
Summary of the case
• State v Groenewald and 9 others. The matter relates to the illegal trafficking of rhino horns by
the syndicate.
• This is a landmark case as it addresses the internal trade of rhino horn, permitting system of the
Dept. of Environmental Affairs, money laundering, killing of rhinos, house breaking, fraud and
defeating the ends of justice. Some of the legislation was Constitutional challenged and caused
a delay in the trial.
• The matter is court ready.
Value involved • R55 million
• 1420 charges ranging from ,drugs, kidnapping, possession
Charges of drugs and 10 counts of money laundering, unlawful
possession of ammunition
Persons / entity
• Department of Environmental Affairs
involved
Date submitted for
• 01 February 2021 to 12 February 2021
decision / court
Number of
• More than 300 statements obtained
statements taken
60Serious Organised Crime Investigation
Verulam CAS 148/05/2018 and Sydenham CAS 44/10/2018…
Summary of the case
• There has been a surge in bomb threats and bombing incidents in the e-Thekwini
Inner North and Durban Central area from January to July 2018.
• On 10 May 2018, three unknown men entered the Mosque and attacked the caretaker
and a person who came to his aid.
• The Moulana of the Mosque was also stabbed but managed to disarm one of the
culprits of his knife. Sections in the Mosque was also set alight.
• 19 suspects were arrested on the 5th October 2018.
• On the 15th October 2018, the charges against seven of the accused were
provisionally withdrawn due to the lack of evidence and not being pointed out
during an identification parade.
61Serious Organised Crime Investigation
…Verulam CAS 148/05/2018 and Sydenham CAS 44/10/2018…
Summary of the case
Origin of suspects (including those released on 2018/10/15)
South Africa 9
Burundi 5
Tanzania 1
DRC 3
Ethopia 1
Status of bail:
• On 15 October 2018, accused 3, Goolam Haffejee was released on
R100 000.00 bail with strict conditions
• The rest of the accused formally applied for bail and the application was heard
on 7 November 2018 and judgement will be given on Tuesday, 27 November
2018.
62Serious Organised Crime Investigation
…Verulam CAS 148/05/2018 and Sydenham CAS 44/10/2018…
Summary of the case
• Contravention of the POCDATARA, Unlawful
possession of a firearm, Unlawful possession of
ammunition, Prohibited possession of dangerous
Charges
weapons, Contravention of the Precious Metals
Act,
• Murder, Attempted murder, extortion and arson.
Persons / entity
• 19 private individuals
involved
Status of case • Remanded to 27 November 2018
Number of
• 90 statements obtained
statements taken
63Serious Organised Crime Investigation
MOUNT ROAD CAS 224/04/2017 – T Omotoso trial
Summary of the case
• Information was received from a reliable source of a certain Nigerian pastor, who was
identified as Timothy Omotoso, who had his own church's in different Provinces.
• He had three females (in his inner circle) in each Province that were recruiting young
girls from the different churches for the Pastor to take them on Spiritual Retreats.
• Information was followed up by the Trafficking in Persons (TIP) investigation team
which led to his arrest on 20 April 2017 at Port Elizabeth airport.
• The Pastor is still in custody after numerous failed bail applications.
• Victims include South African Citizens
64Serious Organised Crime
MOUNT ROAD CAS 224/04/2017 – T Omotoso trial
Value involved • None
• 94 charges ranging from racketeering, trafficking
Charges in persons, grooming for sexual exploitation and
rape.
Persons / entity
• Timothy Omotoso
involved
Date submitted
for decision / • 10 December 2018
court
Number of
• 49 statements obtained
statements taken
65Serious Organised Crime Investigation
Mount Road CAS 701/06/2016, Kabega Park CAS 107/05/2016 and Mount Road CAS
183/05/2017-Illegal smuggling of Abalone.
Summary of the case
• A project driven investigation since 2014 has been ongoing regarding the illegal
smuggling of Abalone.
• During the investigation numerous targets were identified.
• On 29 June 2016, the take down of the Project was successfully conducted and ten
targets were arrested and later further arrests were effected.
• From the arrests and further investigation three racketeering certificates were issued and
assets to the value of approximately R 12 million seized.
In Mount Road CAS 701/06/2016 Three accused were found guilty
Kabega Park CAS 107/05/2016 Six accused were all found guilty on
racketeering
Mount Road CAS 83/05/2017- Four accuseds were all found guilty on
racketeering (One charge of
Racketeering on each case) 66
66Serious Organised Crime Investigation
…Mount Road CAS 701/06/2016, Kabega Park CAS 107/05/2016 and Mount
Road CAS 183/05/2017- Illegal smuggling of Abalone
Value involved • R12 million
Charges • Illegal smuggling of Abalone
Persons / entity
• Syndicate
involved
Date submitted for • 14 December 2018 and 2 February 2019 for
decision / court sentencing
Number of
• 30 statements obtained
statements taken
67Overview of some of the successes
Overview of some of the successes
In addition to the ongoing high profile cases, the following are noteworthy successes::
Cash-in-transit
Since August 2017 to 22 November 2018, 285 arrests have been effected, of which
214 suspects remain in custody, thirty one are on bail, twenty one are deceased
and the matter has been withdrawn against six of the accused. Fifty two convictions
have been secured.
A total of 161 firearms and 116 vehicles have been recovered
Clandestine laboratories (1 January – 22 October 2018)
During the period 1 January 2018 to 22 October 2018, 55 clandestine laboratories
have been dismantled resulting in 91 arrests being effected and with seizures
amounting to approximately R324.5 million.
6869 THANK YOU
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