By Zunaid Moti
They say that the truth is stranger than fiction, and the sordid dealings and cunning escapades of Frikkie Lutzkie and partner-in-crime Clinton Van Niekerk certainly prove the point.
The Moti Group has been the repeated victim of Lutzkie’s extortion attempts and Van Niekerk’s criminal activities for more than a year, while seeing them maliciously feed select and doctored information to sympathetic media such as amaBhungane in a blatant attempt to cover their tracks and get away with their misdeeds.
But finally, after more twists and turns than a soap opera, Lutzkie’s circus performance and Van Niekerk’s vanishing act will come to an end, as the Durban High Court delivered a stinging judgment yesterday that lambasted their antics, while supporting the Moti Group’s quest to see justice prevail.
As background, the saga began in October 2022 when Van Niekerk, an employee of the Moti Group, stole over 4,000 confidential documents from the business, and promptly resigned. These documents included highly sensitive and valuable intellectual property worth billions of rands, as well as personal items such as copies of employee identity documents and my children’s birth certificates.
The Moti Group uncovered the theft when some of these documents suddenly appeared in court proceedings as part of Frikkie Lutzkie’s legal vendetta against the Group. Van Niekerk’s criminality was then confirmed through a digital forensic investigation.
I can only speculate about Van Niekerk’s motives for throwing his lot in with a man of Lutzkie’s character, who by then had already revealed his lack of ethics in his dealings with the Moti Group. But it does seem extremely likely that Van Niekerk profited handsomely from the exchange.
With evidence in hand, the Moti Group made a criminal complaint to the authorities, and the South African Police Service (SAPS) secured a warrant for his arrest and caught Van Niekerk just as he was about to make his getaway on an international flight from Durban airport. Then suddenly, the grand theatrics began as Frikkie Lutzkie entered the stage to magic his comrade-in-crime out of the clutches of justice.
Bringing an ex parte application to the Randburg Magistrates’ Court supposedly on Van Niekerk’s behalf to secure his release, Lutzkie wove an outlandish and frankly laughable tale about Van Niekerk’s fears for his life (even in police custody) and the fraudulence of the arrest warrant. In the absence of any opposition, Lutzkie was even able to convince the judge of Van Niekerk’s selfless heroism as a “whistle-blower” who had been working with the Australian police of all people – which was also mysteriously accepted as a credible explanation for why he had been about to board a flight to the United Kingdom.
Ignoring the gaping holes in this story, the complete lack of any shred of real evidence to support his narrative, and the numerous irregularities in this court application, the magistrate’s court granted the order to set the warrant aside. Van Niekerk executed his Great Escape from prosecution and suddenly, the media smear campaign against myself and the Moti Group began, muddying the waters in the Group’s pursuit of justice. Tellingly, these stories echoed Lutzkie and Van Niekerk’s malicious narratives, while new hit pieces with serious allegations and convoluted conspiracy theories were conveniently published despite their clear bias, severe flaws, and lack of proof – all in the name of unethical journalists making a name for themselves.
And so, we arrive at the Durban High Court’s latest judgement. Determined to see Van Niekerk brought to justice, and on behalf of the rights of all victims of crime, the Moti Group ignored the distraction of tabloid mudslinging, and approached the High Court to rescind the Randburg Magistrates’ Court order.
Importantly, the Moti Group did not seek to have the warrant against Van Niekerk re-instated, believing that justice must be allowed to take its course without interference. But the Group did point to the many irregularities in the magistrates’ court proceedings, and the dangerous precedent the order set.
Seeing straight through Lutzkie and Van Niekerk’s smoke and mirrors act, Acting Judge Laing’s verdict censured their legal shenanigans, calling out the flawed application procedures, reliance on hearsay, failure to invite the National Prosecuting Authority (NPA) to act as a party to the proceedings, and ridiculous claims regarding Van Niekerk’s life being in any danger.
He bluntly emphasised that the order to overturn Van Niekerk’s arrest should never have been sought or granted. Further validating the Moti Group’s stance, he also confirmed that the original warrant of arrest was issued properly and was valid, and slapped Lutzkie and Van Niekerk with a costs order for attempting to game the justice system through legal trickery.
Lutzkie and Van Niekerk’s farce has finally hit a brick wall. For South Africa to succeed in the fight against crime, thieves and criminals must be held to account for their actions. With the High Court’s judgment in hand, I hope to see SAPS and the NPA work together to deliver justice and bring Van Niekerk to court to finally face the music.
Zunaid Moti, founder of the Moti Group.
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