Durban – Thwarting corruption in the KwaZulu-Natal premier’s office and securing the sentence of a former policeman for murder were among the Hawks’ successes in the second quarter of the 2022/23 financial year.
Hawks head Lieutenant-General Godfrey Lebeya held a media briefing on Tuesday morning to provide progress on the work and commitment put forth by the Hawks in the fight against perpetrators of national priority crimes in the second quarter.
During Lebeya’s last briefing, KZN’s corruption, drugs, police killings, cash-in-transit heists and July unrest instigators made it into the Hawks’ list of law enforcement achievements.
Here are the cases Lebeya highlighted in KZN this time:
Fraud and corruption
It is alleged that in 2016, Siphiwe Mkhize, 63, former HOD of the Department of Agriculture and Rural Development, and Sthembiso Mdladla, 62, acting judge, misrepresented to a businessman to pay R1 million into a vehicle dealership. Subsequently, the service provider allegedly paid R300 000 to the same vehicle dealership and purchased a R1.3m vehicle that was later handed over to the HOD.
A case of fraud, corruption and money laundering was reported at the Hilton police station. Hawks members took over the investigation and the two were arrested.
On September 20, 2022, the Hawks members from Durban Serious Corruption Investigation arrested the duo for fraud, corruption and money laundering.
The case was postponed to December 14.
National Clean Audit Task Team (NCATT)
On August 29, 2022, following an extensive investigation, an operation by the NCATT of the Serious Commercial Crime Investigation led to the arrest of the director-general in the office of the Premier of KZN Dr Nonhlanhla Mkhize, Simphiwe Mabaso (official), Sthembiso Ralph Mhlanga (official), Mthokozisi Pius Duze (CEO), Babongile Mnyandu (CFO) and Thabiso Khumalo.
“The suspects are alleged to have committed the crimes of contravention of section 51(1) of the Public Finance Management Act, defeating the ends of justice and intimidation relating to the Mhlathuze Water Board of KwaZulu-Natal project of 2018 which resulted in the actual prejudice of R37m,” Lebeya said.
The case was postponed to December 6.
In another incident, on August 30, 2016, Bonakude Consulting (Bonakude) was appointed as a service provider by Newcastle Municipality in terms of Regulation 32 of the Supply Chain Management Regulations. The contract lapsed on December 31, 2017.
In January 2018, the municipal manager, Bhekani Mswane, extended the contract of Bonakude to continue to render services to the municipality involving R7 838 881.64.
The accused, Velenkosini Mtshali, director of Bonakude Consulting (Pty) Ltd, a privately owned company, Bhekisisa Eric Hlongwe, the former chief finance officer at Newcastle Municipality, and Mswane were arrested and appeared before the court on September 29, 2022.
The case was postponed to January 27, 2023.
Serious commercial crimes
Lebeya said that during the period between March 2013 and June 2014 Sivalingum Sastri, 52, a service provider at MS Cargo, a forwarding and clearing company, colluded with an MS Cargo employee and presented false invoices. As a result, the company suffered a loss of R4 882 070.27.
A case of fraud, corruption and money laundering was reported at Durban Central police station and referred to the Hawks members from Durban Serious Corruption Investigation. Sastri was arrested in May 2021 and appeared several times in the Specialised Commercial Crime Court until he was convicted in July 2022.
“On October 14, 2022, the court sentenced him to 10 years’ imprisonment for each count of fraud, corruption and money laundering. This total of 30 years’ imprisonment sentence will run concurrently and five years of each sentence is suspended for five years. Therefore he will serve five years’ direct imprisonment,” Lebeya said.
Tax law contravention
On September 28, 2022, the Pietermaritzburg Magistrate’s Court convicted and sentenced Mjabulelwa Mngadi, 40, for fraud as well as contravention of the Tax Administration Act.
“Mngadi was awarded a tender to supply personal protective equipment to the Department of Social Development. In April 2020 he submitted an invoice with the value of R3.2m to the department. He then failed to declare value-added tax to the South African Revenue Service,” Lebeya said.
He said that a case of fraud was reported at Pietermaritzburg police station and the case docket was allocated to Hawks members for further investigation. He was charged accordingly and appeared in court several times until he was convicted and sentenced.
“Mngadi was sentenced to pay R50 000 fine or three years’ imprisonment. He was further sentenced to three years’ imprisonment wholly suspended. Mngadi’s company was also fined R100 000, which was wholly suspended for five years on condition that the accused is not found guilty of a similar offence. He was ordered to pay R723 670.07 to the South African Revenue Service,” Lebeya said.
Non-ferrous metals and damage to essential infrastructure
On July 27, 2022, the Estcourt Regional Court convicted and sentenced Jumbo Silombo, 35, to pay a fine of R100 000 or four years’ imprisonment for stealing fuel at the Mimosadale area near Estcourt in November 2020.
“Silombo and his accomplices were caught by a private security company tampering with the Transnet pipeline. His accomplices fled the scene and Silombo disconnected the pipe before he drove off with a tanker truck. A chase ensued and he was spotted at the truck stop where he abandoned the tanker truck. He fled on foot to the nearby bushes.
“Police were alerted and he was arrested and case allocated to the Hawks Serious Organised Crime in KwaZulu-Natal. He appeared in the Estcourt Magistrate’s Court and his bail was successfully opposed until he was sentenced. Half of his sentence was suspended for three years,” Lebeya said.
Police killings
On April 29, 2022, Sergeant Somani, who was stationed at Umzimkhulu police station, was off duty and sitting in the lounge at her Umzimkhulu home when two suspects entered the house and shot her multiple times. The suspects fled on foot and she died at the scene.
He said that an intensive investigation by the Hawks Serious Organised Crime led to the arrest of Siyabulela Mbhele, 24, on July 11, 2022. On July 13, 2022, Somani’s sister, Bongeka Somani, 42, who is still in custody, was arrested for the murder.
“On August 16, 2022, the KwaZulu-Natal High Court sitting at Pietermaritzburg convicted and sentenced Siyabulela Mbhele to 22 years’ imprisonment for killing Sergeant Nokuthula Somani, 55, who was brutally killed at Umzimkhulu in April this year,” Lebeya said.
“Bongeka’s trial will resume on 7 to 18 February 2023 at Scottburgh High Court. She is still in custody.”
Serious and violent crime
On November 7, 2018, at about 8.15pm, Mantombi Pearl Govender, 38, was shot multiple times while she was with her husband, a former police official, Gary Govender. Gary claimed that his wife was shot at by three unknown suspects.
A case of murder was reported at Hibberdene police station. A preliminary investigation revealed that Govender was a suspect and a warrant of arrest was issued. He was arrested and charged with murder. Gary was released on bail. While out on bail he broke into his wife’s house and took her bank cards. He withdrew R200 000 from her account. Gary was rearrested and charged with housebreaking. He was remanded in custody until he was convicted on February 11, 2022.
“On Monday, July 18, 2022, Durban High Court sentenced Gary Govender to life imprisonment for the murder of his wife, who was fatally shot at Leisuredene Village in Hibberdene. Gary was further sentenced to three years’ imprisonment for housebreaking and theft,” Lebeya said.
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