Durban — A drug dealer’s conviction, a corrupt detective, fraudsters, theft of fuel from Transnet pipelines and Truth and Reconciliation Commission cases in KwaZulu-Natal formed part of the milestones achieved during the fourth quarter of the 2023/2024 financial year.
On Friday, Hawks head Lieutenant-General Godfrey Lebeya and his management held a media briefing to outline their progress.
Lebeya highlighted the National Priority Offences depicting Directorate for Priority Crime Investigation (DPCI/Hawks) successes and high-profile cases investigated.
“A total number of 547 suspects representing 526 natural persons and 21 juristic persons were secured before the various courts in the country. Of these natural persons, 421, which is 80% are South Africans while 105, which is 20% are foreign nationals. Fraud contributed to the highest number of arrests with 224 accused including 21 juristic persons,” Lebeya said.
“A total number of 182 convictions including seven juristic persons were secured with 84 convictions emanating from Serious Organised Crime, 61 from Serious Commercial Crime and 37 from Serious Corruption. Of these convicts, 120 are South Africans, while 55 which represent 30% are foreign nationals. The top convicted foreign nationals were Zimbabwean, with 11 Basotho and Mozambican nationals representing a total number of nine accused persons each.
“The top two provinces that contributed a high number of convictions are Gauteng with a total number of 32 and the North West with 31,” Lebeya continued.
“During this period, 736 firearms, 1 159 ammunition and 69 explosives were seized.”
During the briefing, Lebeya reflected on 29 cases, which is 4% of the 817 successes for arrests (547), convictions (182) and assets court orders (88).
Cases in KZN included:
Drug dealer imprisoned for 15 years
Lebeya said that in July 2016, Themba Maxwell Maphumulo, 36, was arrested by the Pietermaritzburg-based Hawks’ Serious Organised Crime Investigation for possession of heroin straws as well as pieces of crack cocaine. He appeared several times in court. In 2018, he was sentenced to seven years’ imprisonment.
Maphumulo appealed his sentence, but his appeal was dismissed. However, he never surrendered himself to serve his sentence.
In January 2020, Maphumulo was found in possession of mandrax tablets and arrested for dealing in drugs under project Dragoness. Then, in February 2020, an arrest warrant was executed for him to serve his seven-year sentence. He attended court for the January matter while in a correctional services facility.
“On February 23, Maphumulo was convicted and respectively sentenced to six and two years’ imprisonment for two counts of dealing in mandrax. The two sentences are to run concurrently. Over and above his seven-year sentence that he is already serving, he will serve an effective six-year imprisonment for two counts of dealing in drugs which are to run consecutively with seven years. He shall therefore serve 13 years’ imprisonment,” Lebeya said.
Detective handed a 20-year imprisonment sentence for corruption
Lebeya said that in May 2017, Warrant Officer Claude Ince, 51, was investigating a fraud case when he demanded a gratification of R5 000 to destroy evidence against the accused. A corruption case was reported to the Durban-based Hawks’ Serious Corruption Investigation. Ince was arrested during an undercover operation and appeared in court on corruption charges.
In another incident, Ince was investigating a shoplifting case against another accused, when he demanded a gratification of R3 000 to withdraw the charges. The accused managed to pay a gratification of R1 000 and she did not attend court as per his instruction. An arrest warrant was issued against her . When she appeared before court she explained that Ince took money from her and told her not to come to court. A sitting magistrate instructed that the matter should be investigated. Another corruption case was registered against him and he was charged accordingly, hence two counts. In May 2023, Ince was found guilty on both charges.
“On March 18, the Durban Specialised Commercial Crimes Court sentenced Warrant Officer Ince to 10 years’ imprisonment for count one and another 10 years’ imprisonment for count two. The court ordered that eight years of count two will run concurrently with the first 10 years of count one, which means that Warrant Officer Ince will serve 12 years’ direct imprisonment,” Lebeya said.
“He was granted leave to appeal, immediately incarcerated and his appeal dismissed.”
Suspect in court for fraud
Lebeya said between January 2018 and July 2018, Dinesh Bhikramdass Chainthoo, 48, who is a member of Econocom 356 CC, allegedly claimed a fraudulent VAT refund. He submitted false declarations to the South African Revenue Service (Sars) which resulted in an R11 880 767.42 loss by Sars. After an internal investigation by Sars, a fraud case was reported at Point police station. The case docket was allocated to the Hawks’ Serious Commercial Crime Investigation for further probe.
“On March 25, the Hawks served summons on Chainthoo to appear before the court on six counts of fraud and contravention of the Tax Administration Act 28 of 2011. He made his first appearance in the Durban Specialised Commercial Crimes Court on April 15. The matter was postponed to June 2, then June 25 and has further been postponed to July 12,” Lebeya said.
Suspect remanded after failing to appear in court
Lebeya said between June 2011 and August 2018, Francis Muleso, 43, who is a Malawian responsible for e-filing at Gubela Trading, did an e-filing to claim VAT on behalf of the company from Sars.
He said the investigation by Sars revealed that Gubela Trading did not only fail to declare the true income, claiming fraudulent expenses on VAT, but also income tax without justification. As a result, Sars suffered prejudice of R13 832 865.20.
A case of fraud was reported at Point police station and the case docket was allocated to the Durban-based Hawks’ Serious Commercial Crime Investigation.
“On March 27, 2023, summons were served on Paneled Njova, 38, to appear in court on April 14, 2023. On July 14, 2023, summons were served on Meluso. Meluso did not appear at court and a warrant of arrest was issued. On March 5, Muleso was arrested at OR Tambo International Airport and transported back to Durban. He appeared at the Durban Specialised Commercial Crime Court on March 6 and May 10. The matter is postponed to July 3, for trial,” Lebeya said.
Fuel theft from Transnet pipelines
Lebeya said since December 2019, focus was placed on this crime and 218 suspects were arrested for fuel pipeline-related offences.
“Of the 218 accused, six are deceased whilst 86 are out on bail, and 127 remain in custody in Free State, KwaZulu-Natal, Gauteng, Mpumalanga and North West provinces,” Lebeya said.
“The breakdown as per nationalities are 115 South Africans, 75 Zimbabweans, 11 Mozambicans, 11 Malawians, three Emaswati, one Mosotho, one Ghanaian, and an Ethiopian. Four arrests and a conviction were secured during this quarter.”
Truth and Reconciliation Commission (TRC) cases and staffing
Lebeya said nine investigations have been finalised in the last quarter of 2023/2024. Of these nine matters, five are already assigned court dates and four are awaiting judicial appointments.
“Three cases with 12 suspects/accused are finalised with two of them already before courts in the KwaZulu-Natal province and one to be before court on July 22. The other six cases are inquest dockets, which are either awaiting appointments of judges or dates for the hearing,” Lebeya said.
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