briefing to the portfolio committee on police 1 on the

Briefing to the Portfolio Committee on Police

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

1

PRESENTATION OVERVIEW

1. Mandate of the Directorate for Priority Crime Investigation

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

2

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

Bail Application

Crime Scene

Management and

Investigations

Docket to Court

Charge and Arrest

Further

Investigations

Court Hearings,

Judgment and

sentencingOccurrence of a

Crime

Contravention

of the Law

Preservation of

Crime Scene

Evidence

Gathering

Docket

Management

Docket hand

over to Court

Evidence

Gathering

Evidence

Storage and

Preservation

Prima Facie

Formulation of

charges

Testifying in

CourtBail Application

Determination of

Merits of Bail

Application &

Decision by Court

1

2

3

4

5

67

Victim of a

Crime

Evidence Storage

and Preservation

Evidence Analysis

Evidence

Presentation in

Court

Notify / Report

to Police

(Station)

Statements

Detective

Investigations

Chargeable Case

Arrest Suspect

Formally charge

Suspect

Evidence

Analysis

Re-

Formulation of

charges

A Synopsis of the Life Cycle of a Case Docket

TMS/Detectives6

• 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.

The Life Cycle of a Case Docket in the DPCI

7

8

Serious Corruption Investigation

Value involved • R100 million

Charges • Fraud, Corruption and Money Laundering

Persons / entity

involved• SAP / suspected family

Status of case • Matter still under investigation

Number of statements

taken• 42


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.

9

10


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.

11


…Sandton CAS 507/09/2017 & 966/09/2017 (State Capture)

Value involved • R2.4 billion

Charges• Fraud, Corruption and money laundering

Persons / entity

involved• Eskom and Tegeta/ Trillian & Mckinsey

Date submitted for

decision / court• Matter still under investigation

Number of

statements taken• 800

E.g. of a docket containing a

number of statements



Persons / entity

involved• Homix/suspected family

Status of case • Matter still under investigation

Number of

statements taken • 32


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.

12

13


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.

14



Persons / entity

involved

• Estina/Vrede Dairy Project /Free State Department

of Agriculture

Status of case • Remanded to 4 December 2018

Number of



…Park Road CAS 200/07/2017 (State Capture)

15


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.

16


Charges• Fraud, Corruption and money laundering

Persons / entity

involved• Transnet

Status of

investigation• Matter still under investigation

Number of



…Johannesburg CAS Central CAS 384/06/2017

16

17

Value involved • R396.3 million

Charges • Fraud and Corruption

Persons / entity

involved• Eskom / Impulse International

Date submitted

for decision /

court

• Case still under investigation

Number of



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.

18


Charges

• Fraud and/or Uttering, Theft, Corruption, c/o

the Companies Act, c/o the Municipality

Finance Management Act (MFMA) & Money

Laundering

Persons / entity

involved• VBS Mutual Bank / Different Municipalities

Date submitted for

decision / court• Case still under investigation

Number of



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.

19

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.


20

Value involved • R 26,5 million

Charges • Fraud & Corruption

Persons/entity

involved • Department of Agriculture Land Bank

Date submitted to

Court

• Trial postponed to 29 January 2019 (provisional date

to obtain court record by defence in respect of

bringing a section 174 application)

• 14 March 2019 (provisional date for section 174

application arguments)


…Brooklyn CAS 300/11/2008

20

21



Persons / entity

involved• Department of Agriculture Land Bank

Date submitted for

decision / court• 5 December 2018


…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.

21

22



• 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

22

23



Persons / entity

involved• Department of Agriculture Land Bank

Date submitted to

court• Remanded to the 14 February 2019 for sentencing



24

Value involved • R19.1 million


Persons / entity

involved

• Department of Agriculture Land Bank

• Dr Mogale, Mr Mokale, Mr Gamede & Mrs Gamede,

Hlalala Energy Corporation & Lemang Investments

Date submitted

for decision /

court

• 14 February 2019 (sentencing)


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.

24

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.

26

Value involved • US$31.6 billion

Charges • Corruption and Foreign Bribery

Persons / entity

involved• MTN Group

Status of a case • Matter under investigation

Number of


Serious Corruption Investigations

…Bedford view CAS 85/02/2017

Durban Central CAS 1941/08/2003:

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.


e.g. life cycle of a case docket

27

Value involved • R 30.5 billion

Charges• Fraud, Corruption and Money Laundering and

racketeering

Persons/entity

involved• Department of Defence

Date submitted to

Court• 30 November 2018 (4th appearance)

…Durban Central CAS 1941/08/2003:

Serious Corruption Investigation28

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.

30

Value involved • R604 048 828.18 million

Charges • Fraud, Corruption and money laundering

Persons / entity

involved• North West Department of Rural Environment and

Agriculture Development

Status of docket • Matter under investigation


…Mmabatho CAS 345/05/2018

30

31


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.

32

Value involved

• R77.1 million: Durban Central: CAS 1538/01/2009

• R10 million: Pietermaritzburg CAS 626/1/2010

• R70 million: Pietermaritzburg CAS 151/08/2010

Charges • Fraud and corruption

Persons / entity

involved• Department of Local Government

Date submitted to

court• Remanded to 11 March 2019


…Durban Central: CAS 1538/01/2009

32

33

Serious Commercial Crime Investigation

34


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.

35


Charges• Fraud, alternatively Theft of Trust monies

• Money laundering

Persons / entity

involved• Ronald Bobroff & Partners (RBP) Inc

Status of case

• Final Forensic Audit report

• Warning statements from the suspects

• Decision by the prosecutor

Number of


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


36

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.


37


Charges• Fraud, Corruption, Contravention of the PFMA

and Money Laundering

Persons / entity

involved

• Directors / officials from BOSASA and former

officials from the Department of Correctional

Services

Status of the case

• The following are outstanding:

• Final forensic Report

• Warning statements

Number of

statements taken• More than 610 statements have been obtained

…Pretoria Central CAS 1556/02/2010 (BOSASA)


38

Value involved • R13 billion

Charges • Fraud and Money laundering

Persons / entity

involved• Tannenbaum (Investment Scheme)

Status of case • Final Forensic audit report outstanding

Number of

statements taken• 278 affidavits obtained

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.


39

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.


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.

Charges

• Prevention of Organised Crime Act, Act 121 of 1998.

• Prevention and Combating of Corrupt Activities Act, Act

12 of 2004 and the Companies Act, Act 71 of 2008

Persons / entity

involved• Steinhoff Investment Holdings

Status of the case • Matter under investigation

Number of

statements taken• Eight

Serious Commercial Crime Investigation40

41



Persons / entity

involved• Eskom Board

Status of case • Matter under investigation

Number of

statements taken• 15 statements obtained

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.


42


Charges• Fraud and contravention of Public Finance

Management Act

Persons / entity

involved• Central Energy Fund

Status of the case • Matter under investigation

Number of

statements taken• 18 statement obtained

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


43


Charges • Fraud and money laundering

Persons / entity

involved

• Former PRASA Board and other officials at PRASA as well

as Directors of Swifambo Rail Agency.

Date submitted for

decision / court• -

Details of

Prosecutor• Adv. Wolvaahdt & Adv. Bengu

Number of


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.


44


Charges • Fraud

Persons / entity

involved• Medical Doctor at a government hospital

Status of case • Drafting of charge sheet by the DPP

Number of

statements taken• 12 statement obtained

Madeira CAS 116/09/2013Summary 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.


45

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.


46


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

statements taken• More than 100 statements, including 24 lever arch

files

…Graaf Reinet CAS 260/12/2010


47

Value involved • R834 488 million

Charges • Fraud

Persons / entity

involved

• Business and Department of

Education/Transport/Municipality

Status of case • 8 March 2019

Number of

statements taken• Seven

Ermelo CAS 332/05/2015

Summary of the case:

The suspect defrauded the Department of Education by submitting duplicate invoices.


48

Serious Organised Crime Investigation

49

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


50

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


51


Charges • Dealing in narcotics

Persons / entity

involved• Private individuals

Status of case

• Remanded to 10 December 2018

• Awaiting the FSL analysis report; DNA results &

Fingerprint results.

Number of


Harding CAS 199/07/2018


52

…Harding CAS 199/07/2018


53

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


54

…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.


55


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

Accused 6. Accused 8, Accused

11,Accused 13, Accused 14,

Accused 15 and Accused 16.

Guilty on 7 counts sentenced to 35 years

imprisonment, effectively serving 20 years.


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Value involved • Approximately R90 million

Charges

• Business Robbery,

• 4 charges on Armed Robbery,

• 4 charges on Attempted Murder

• 4 charges on Kidnapping

Persons / entity

involved• Private Individuals/SAPS and former SAPS officials

/Reservists

Status of the case • Successfully concluded



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… Witbank CAS 939/04/2014

Some of the accuseds that have been sentenced:


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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.

Serious Organised Crime Investigation 58

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Value involved

• 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.

• Drugs cell phones and fire arms to the value of

• R110 000-00 were seized

Charges

• A total of 42 charges , ranging from racketeering, money

laundering , kidnapping, attempted murder, dealing in

drugs, cultivating drugs and possession of ammunition

Persons / entity

involved• Jason Domingues-Baya

Status of case• 15 March 2019 for representation by the accused to the

state

Number of

statements taken• Average of twelve (12) statements and 17 dockets

…DPCI SOC ENQ CAS 1/04/2014


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Charges

• 1420 charges ranging from ,drugs, kidnapping, possession

of drugs and 10 counts of money laundering, unlawful

possession of ammunition

Persons / entity

involved• Department of Environmental Affairs

Date submitted for

decision / court• 01 February 2021 to 12 February 2021

Number of

statements taken• More than 300 statements obtained

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.

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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.

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…Verulam CAS 148/05/2018 and Sydenham CAS 44/10/2018…

Summary of the case

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.

Origin of suspects (including those released on 2018/10/15)

South Africa 9

Burundi 5

Tanzania 1

DRC 3

Ethopia 1


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…Verulam CAS 148/05/2018 and Sydenham CAS 44/10/2018…

Summary of the case

Charges

• Contravention of the POCDATARA, Unlawful

possession of a firearm, Unlawful possession of

ammunition, Prohibited possession of dangerous

weapons, Contravention of the Precious Metals

Act,

• Murder, Attempted murder, extortion and arson.

Persons / entity

involved• 19 private individuals

Status of case • Remanded to 27 November 2018

Number of



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

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Value involved • None

Charges

• 94 charges ranging from racketeering, trafficking

in persons, grooming for sexual exploitation and

rape.

Persons / entity

involved• Timothy Omotoso

Date submitted

for decision /

court

• 10 December 2018

Number of


Serious Organised Crime

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MOUNT ROAD CAS 224/04/2017 – T Omotoso trial

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.

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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)


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Charges • Illegal smuggling of Abalone

Persons / entity

involved• Syndicate

Date submitted for

decision / court

• 14 December 2018 and 2 February 2019 for

sentencing

Number of


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…Mount Road CAS 701/06/2016, Kabega Park CAS 107/05/2016 and Mount

Road CAS 183/05/2017- Illegal smuggling of Abalone


Overview 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.

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69

THANK YOU

briefing to the portfolio committee on police 1 on the

Documents