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Gauteng High Court reinstates fraud charges against former crime intelligence chief
Gauteng High Court reinstates fraud charges against former crime intelligence chief

IOL News

time05-07-2025

  • IOL News

Gauteng High Court reinstates fraud charges against former crime intelligence chief

The Gauteng High Court, Pretoria, has reinstated fraud charges against former financial and administrative services section head in the SA Police Service crime intelligence division's secret services account Brigadier Tiyani Hlungwani. Image: Jacques Naude / Independent Newspapers Fraud charges against former brigadier Tiyani Hlungwani, former financial and administrative services section head in the SA Police Service (SAPS) crime intelligence division's secret services account, have been reinstated after he was acquitted and discharged. He was found not guilty and discharged in respect of all three charges to which he had pleaded not guilty. Hlungwani was acquitted of fraud charges by the Pretoria Specialised Commercial Crimes Court last year; however, the National Prosecuting Authority (NPA) successfully appealed this decision. The full bench of the Gauteng High Court, Pretoria, Acting Judge Siboniso Sambo and Judge Mandla Mbongwe, set aside his acquittal and discharge last month. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ The matter has been referred back to the specialised commercial crimes court for the continuation of the trial. In June 2018, Hlungwani was arrested for defrauding the State of R50,000 a year earlier alongside Major-General Pat Mokhushane and his wife, Lieutenant-Colonel Zandile Mokhushane, as well as Brigadier Manana Leonora Phetlhe, and charged with money laundering and contravention of the Prevention and Combating of Corrupt Activities Act (Precca). Hlungwani's first fraud charge related to unlawfully and falsely and with intent to defraud giving out and pretending to certain crime intelligence officers that there was an urgent need to secure catering services for a meeting of senior cops, which justified the deviation from normal procurement processes and payment of an advance into the personal account of one of his co-accused to the prejudice of the SAPS and/or the general public. The second fraud charge unlawfully and falsely and with intent to defraud giving out and pretending to the former acting head of the crime Intelligence's secret services account, Major-General Obed Nemutanzhela, that a claim by one of his co-accused that she incurred expenses for catering services during the crime intelligence meeting in June 2017 was legitimate. He claimed that a deviation letter attached to the claim was signed before the advance was paid into a bank account. However, the truth was the fact that the submitted claim was not legitimate and that the deviation letter was written and signed about a week later at Hlungwani's insistence or advice. He was also charged with contravening Precca by unlawfully and intentionally aiding Pat and Phetlhe to do the same in terms of the act. The specialised commercial crimes court ruled that the charge of fraud could not succeed against Hlungwani due to a lack of evidence showing he benefited from the allegedly stolen money. But Acting Judge Sambo and Judge Mbongwe disagreed, finding that the elements of fraud do not require that an accused person should benefit from the unlawful transaction. 'As long as the State can prove the misrepresentation and prejudice, there is a prima facie case to which the accused must answer,' reads their judgment dated June 12. Neither Hlungwani nor his legal representative made an appearance during the NPA's appeal last month. He also could not be reached for comment on Saturday.

Transnet extraction — where and how Gupta bribes were paid to Big Four accused
Transnet extraction — where and how Gupta bribes were paid to Big Four accused

Daily Maverick

time03-07-2025

  • Business
  • Daily Maverick

Transnet extraction — where and how Gupta bribes were paid to Big Four accused

Former Transnet CEO Brian Molefe, CFO Anoj Singh, head of freight rail Siyabonga Gama and chief engineer Thamsanqa Jiyane face charges related to enrichment through corruption. The charge sheet in the largest quantum State Capture case, enrolled by the Independent Directorate Against Corruption (Idac), details a map of where bribes were paid to the four former Transnet executives now facing a quartet of charges related to their role in repurposing the rail utility for extraction worth billions of rands. Former Transnet CEO Brian Molefe, CFO Anoj Singh, head of freight rail Siyabonga Gama and chief engineer Thamsanqa Jiyane face charges related to enrichment through corruption. The four, out on bail of R50,000 each, face charges under four laws, including the Prevention and Combating of Corrupt Activities Act. Idac alleges that the Gupta brothers, Atul, Rajesh and Ajay, paid the four in cash through deliveries, foreign trips and transactions via Gupta-linked entities and companies. While much of the detail was ventilated in proceedings at the Zondo Commission of Inquiry into State Capture, the charges add new legal heft. The State alleges that cash payments were made at: The Guptas' residence in Saxonwold; The Midrand offices of the family's IT company, Sahara; Salim Essa's Melrose Arch apartment and; The Maslow hotel in Sandton. In addition, Atul Gupta transferred funds from several Gupta-controlled companies, which facilitated the bribes, including Oakbay Investments, Westdawn Investments, VR Laser Services, Confident Concept, Tegeta Exploration and Islandsite Investments. Money flow experts, including Paul Holden of Open Secrets, testified to the commission about how the Guptas utilised layers of companies to launder money and facilitate transfer fees. Singh was enriched to the extent that, the commission heard, he did not spend his Transnet salary, but banked it for years. He was allegedly paid at Saxonwold and took many Gupta-sponsored trips to Dubai, to where the brothers and their families had fled. Molefe allegedly received cash at the Gupta residence and at Sahara Computers, where he would pop in for the family's office lunches. Gama was reportedly paid at the Guptas' Saxonwold residence and family acolyte Salim Essa's Melrose Arch apartment, while Jiyane was allegedly paid at The Maslow hotel. Investigators for the State Capture Commission triangulated travel times. They had witnesses who corroborated many of the payments, and this evidence will be used by Idac when the trial begins. The next court date is 6 October. Money trail The charge sheets detail the following bribe money trail against Singh, Molefe, Gama and Jiyane: Singh 'Between January 2014 and April 2015, Mr Singh had attended meetings at the Gupta Saxonwold residence on at least 10 occasions. [He] would generally take a sports bag with him when he attended the meetings. He would emerge from the residence carrying the sports bag, which would be placed in the boot of the vehicle driven by his Close Protection Officer (CPO). It was later discovered that the sports bags contained large amounts of cash. 'On at least six or seven occasions he would instruct his driver to take him to Knox Vaults, a secure storage facility in Killarney, Johannesburg that provided safe deposit boxes. He would thereafter remove the bag from the boot of the vehicle and enter Knox Vaults carrying the bag.' The charge sheet also details all of Singh's sponsored trips to Dubai. Molefe '[Molefe] would generally take a light brown backpack or sports bag with him when he attended meetings held at these venues. After the said meetings he would emerge carrying the aforementioned bags, which were placed inside the boot of the vehicle driven by his CPO. These CPOs later discovered that the bags contained large amounts of cash.' Gama The charge sheet says that Gama attended many meetings at Saxonwold. 'During November 2016, on one of the visits at the Gupta Saxonwold residence, a person emerged carrying a suitcase, which was placed into the boot of the vehicle, which was driven by his CPO. These CPOs later discovered that the suitcase contained a large amount of cash when Gama left the premises. The charge sheet also details how Gama twice picked up 'parcels' from Essa at Melrose Arch, while Jiyane allegedly took possession of the suitcase, which Gama is alleged to have collected at Saxonwold, at The Maslow hotel, where the two met. The State will argue that all four received unlawful gratification and committed fraud at Transnet, thereby violating the Companies Act and the Public Finance Management Act. The chart below shows Idac's progress on State Capture cases identified by the Zondo Commission. The National Prosecuting Authority's Asset Forfeiture Unit, under the leadership of Ouma Rabaji-Rasethaba, has recovered R15-billion in State Capture loot, some of which has been returned to Transnet. DM

Criminal cases opened against 'illegitimate Ditsobotla troika'
Criminal cases opened against 'illegitimate Ditsobotla troika'

IOL News

time26-06-2025

  • Politics
  • IOL News

Criminal cases opened against 'illegitimate Ditsobotla troika'

These criminal cases relate to the establishment of an illegal parallel Ditsobotla Council at a meeting held in March 2025, where it is alleged that fraudulent resignation letters from the legitimate Mayor. Image: File The DA in North West opened criminal cases against the Ditsobotla mayor-pretender, Cllr Molefe Morutse (ANC), the Speaker-pretender, Cllr Manana Bogatsu (EFF), and the Municipal Manager-pretender, Mr Oloatse Bojosinyane, under the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, for fraud, intimidation, coercion, and extortion. These criminal cases relate to the establishment of an illegal parallel Ditsobotla Council at a meeting held in March 2025, where it is alleged that fraudulent resignation letters from the legitimate Mayor. The speaker and the legally appointed Acting Municipal Manager were presented, and they were illegally removed from office. After this illegal parallel Council meeting, Mr Bojosinyane managed to gain access to the Ditsobotla municipal offices, resulting in two gunfights which saw two persons injured and the death of another. In addition, by some form of manipulation, it is alleged that Mr Bojosinyane gained access to the Ditsobotla municipal bank account, completely subverting the authority of the legitimate Council and its officials. All transactions facilitated by Mr Bojosinyane since his hostile takeover are tantamount to fraud, if not theft. In addition, this unlawful parallel troika and Council have not only resorted to violence but now employ mafia tactics like intimidation, coercion and extortion by withholding the salaries of Councillors and municipal workers who refuse to legitimise the unlawful behaviour of these pretenders, Cllr Morutse, Cllr Bogatso and Mr Bojosinyane, under the guise of an employee verification exercise. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ There are no less than four High Court judgements confirming that the legitimate Ditsobotla Troika consists of Cllr Mazwi Moruri as Mayor, Cllr Jarious Modisakeng as Speaker, and Mr Rasupang Mooketsi as the Acting Municipal Manager. The High Court handed down its judgments on 15 March, 10 April, 30 April, and 09 May 2025. The SAPS must investigate these charges swiftly to ensure arrest and successful prosecution. In addition, the DA has also written to the National Minister of COGTA, Velenkosini Hlabisa, bringing these latest criminal developments to his attention and urging him to place the Ditsobotla Local Municipality under Section 139(7) national government administration, as we requested in January 2025. Ditsobotla residents continue to suffer unimaginable hardship as electricity blackouts and water shutdowns continue unabated while ANC factions fight over who is mayor and who is not. This must be put to an end immediately. While the situation in Ditsobotla is dire, hope remains. The DA in the North West will continue to pursue every mechanism at our disposal to fight for the rights and services residents are entitled to. DA Ditsobotla Councillors remain resolute and will continue to serve residents, working with community members and business stakeholders to respond to service delivery needs. CJ Steyl, DA North West Spokesperson on Cooperative Governance, Human Settlements and Traditional Affairs

ActionSA slams NPA for failing to successfully prosecute those implicated in state capture
ActionSA slams NPA for failing to successfully prosecute those implicated in state capture

Eyewitness News

time18-06-2025

  • Politics
  • Eyewitness News

ActionSA slams NPA for failing to successfully prosecute those implicated in state capture

CAPE TOWN - With this week marking three years since former Chief Justice Raymond Zondo handed over the last chapters of the state capture commission of inquiry report to the president, ActionSA has slammed the National Prosecuting Authority (NPA) for failing to successfully prosecute those implicated. NPA head Shamila Batohi is under pressure from opposition parties to quit the job over botched state capture cases and extradition matters. Batohi will be before Parliament's Standing Committee on Public Accounts (SCOPA) on Wednesday to provide a status update of corruption prosecutions. ALSO READ: • Batohi adamant she won't resign despite repeated calls for her head by opposition parties • Ramaphosa announces meeting with NPA boss to clear the air about perceived knots Meanwhile, ActionSA said it was planning to stage a protest in Pretoria on Thursday to call for her removal. ActionSA's parliamentary leader, Athol Trollip, said that the irregular handling of an extradition linked to the asbestos corruption case in the Free State was not an isolated blunder but a pattern. "There is supposed to be a war against corruption in this country. Nobody has seen one shot fired and the blame must be laid at the door of the NPA and the national director of public prosecutions." He said his party would not be intimidated by former executives implicated in the state capture project who now served in the parliamentary benches as MPs of the MK Party. "They're defending themselves rather than being an effective opposition. They defend themselves in portfolio committees on matters under serious discussion. We are not going to be threatened by gangsters in this Parliament." The party said it would be introducing a zero tolerance corruption bill later this year to plug the gaps in enforcement and deterrence in the Prevention and Combating of Corrupt Activities Act.

Former minister Bongani Bongo's pre-trial conference set for August
Former minister Bongani Bongo's pre-trial conference set for August

Eyewitness News

time28-05-2025

  • Politics
  • Eyewitness News

Former minister Bongani Bongo's pre-trial conference set for August

CAPE TOWN - Former State Security Minister Bongani Bongo will find himself back in the Western Cape High Court on corruption charges in August. It's alleged that Bongo offered a former parliamentary legal advisor a bribe to scupper a 2017 inquiry into State capture at Eskom at the time when he was a member of Parliament. Bongo made another appearance in the Cape Town Magistrates Court on Tuesday after the matter was re-enrolled in March, following the State's successful appeal against the high court's dismissal of the case in 2021. ALSO READ: It's been nearly eight years since Bongo is alleged to have attempted to derail Parliament's Eskom inquiry by offering a monetary bribe to its evidence leader, Ntuthuzelo Vanara. Vanara is now the legal head at the Special Investigating Unit. According to the 15-page indictment, the State has served on Bongo, the manner in which he's alleged to have offered the gratification to Vanara contravenes the Prevention and Combating of Corrupt Activities Act relating to public office bearers. The high court previously acquitted Bongo before he could testify after his legal team applied for a discharge, and former judge John Hlophe tore into witness testimony from parliamentary staff for not being credible. The State successfully appealed Hlophe's ruling to refuse leave to appeal in the Supreme Court. In this second attempt to try Bongo four years later, the case has now been transferred to the High Court once again for a pre-trial conference on 15 August 2025.

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