By OBAKENG MAJE

A fraud case against the North West Community Safety and Transport Management’s Head of Department, Thabang Mohlokoleng (54) and co-accused has been transferred to the North West High Court by the Molopo Magistrate’s Court for pre-trial conference.

Mohlokoleng, who was arrested along with Tebogo Van Wyk (40), Nothando Dube (44) and Sipho Levy Phiri (39) are facing 34 counts of fraud, corruption, money laundering and contravention of the Public Finance Management Act (PFMA) along with three companies, Batsamai Investment Holdings, Sevilex Investment Holdings and Lavao, Estevao (PTY) LTD.

The National Prosecuting Authority (NPA) spokesperson in North West, Henry Mamothame said, the accused were arrested by the Hawks Serious Corruption Investigation in North West back in September 2022. Mamothame further said the investigations revealed that, in 2014, the North West Provincial Government (NWPG), embarked on the process to reintroduce commercial aircraft to the province’s two airports, Mahikeng and Pilanesberg on a subsidy estimated at R400 million.

“The amount of R183 million was then paid to SA Express between 2015 and 2017 for the services rendered by the ground management companies, which Van Wyk, Dube and Phiri are linked to. The state alleges that, off the R83 million, an amount of R51 million was channelled irregularly through the charged companies.

“The NWPG allegedly appointed S.A Express as a service provider to render the service, but this was done without following the proper Supply Chain Management (SCM) processes. The irregularly secured agreement is said to have been signed by the four accused,” he said.

He added that, Mohlokoleng signed on behalf of the Department of Transport, as the then accounting officer in his capacity as the Head of the Department (HoD). Mamothame said the deal was riddled with procurement irregularities and monies were paid for the services not rendered.

“All companies appointed to do the ground handling services were indirectly owned by Dube and Phiri. The irregularities prejudiced the NWPG of millions of rands that could have been directed to service delivery. The case was recommended for investigation by the Zondo Commission, and the DPCI will continue the investigations as recommended.

“This will be conducted in phases, with a possibility of more arrests being affected. The Office of the National Director of Public Prosecutions has also authorised more charges of racketeering to be added and for the matter to be centralised, as some offences were commissioned in the jurisdiction of the Gauteng Local Division,” Mamothame said.

He said Van Wyk was granted R500 000 bail, R35 000 for Dube, R150 000 for Phiri and R50 000 for Mohlokoleng. Mamothame said their bail conditions are that, they should not evade court on the next appearance, refrain from interfering with witnesses, and inform the investigating officer should they wish to leave their area of jurisdiction.

“The matter was postponed to 5 June 2023 and will subsequently sit at the North West High Court of South Africa for pre-trial and trial. Further particulars relating to the case have been shared with the defence attorneys and the state is ready to proceed with pre-trial,” said Mamothame.

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Picture: Former ANC Member of Parliament (MP), Veronica Mapule Mafolo and Freddy Phutiyagae/Facebook

By OBAKENG MAJE

Former ANC Member of Parliament (MP) and her co accused sentenced to three years’ imprisonment by the Schweizer Reneke Regional Court for stock theft. Veronica Mapule Mafolo (48) and Thabo Freddy Phutiyagae (36) were arrested at a farm in Schweizer Reneke on 12 January 2018.

The National Prosecuting Authority (NPA) spokesperson in North West,Henry Mamothame said, one of the farmers noticed fresh car tracks on his farm in the early hours of the morning. Mamothame said, upon counting his stock, he realised that two Bonsmara calves were missing.

“He subsequently alerted his brother to report the matter to the police. The farmer was later called at the Vryburg Auction Kraals, where he positively identified his missing calves. Evidence led in court revealed that Mafolo pleaded with the farmer not to lay charges against her as it would dent her reputation as MP.

“In aggravation of the sentence, the state prosecutor, Mpho Sephapo, urged the court to impose direct imprisonment on the accused as the offence they committed is prevalent in the province. Magistrate Paul Moeng agreed with the state and described the action by the duo as influenced by greed,” he said.

Moeng indicated that stock theft harm the farmers’ business and further destroys employment for farm workers.

Meanwhile, the Director of Public Prosecutions (DPP) in the North West, Dr Rachel Makhari lauded the prosecution team, Sergeant Elias Masoko from the South African Police Services (SAPS) and other role players for a successful conviction.

“Stock theft is rife in our province and the criminal justice system will deal harshly with perpetrators of such offences without fear, favour or prejudice”, she said.

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Picture: Paul Pokes Mabe and his wife, Gladys Machwe accused of stealing cattle/Facebook

By OBAKENG MAJE

A man and his wife from Tlola O Nyele, near Khibitswane village, in Taung were remanded in custody after they were arrested for allegedly stealing two cattle. Paul Pokes Mabe (46) and his wife, Gladys Machwe (40) were arrested on 6 May 2023 after being linked to a stock theft case that took place back in November 2022.

According to the North West police spokesperson in Dr Ruth Segomotsi Mompati cluster, Warrant Officer Tryphosa van Rooyen, a stock theft case was opened by the rightful owner of two cattle after they were allegedly in Cokonyane village.

“As investigation progressed, information was obtained, which led to the recovery of the two cattle at Matsheng village in January 2023. Further investigation was done, which led to the arrest of two accused who were positively linked to the stock theft case.

“The third suspect is still at large. The accused briefly appeared at the Taung Magistrate’s Court on Monday and were remanded in custody until 15 May 2023 for a formal bail application. The alleged stolen cattle were handed back to the rightful owner after being identified by the brand mark,” she said.

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By OBAKENG MAJE

The African National Congress (ANC) in North West has expelled eight members. The ANC provincial secretary, Louis Diremelo said the decision was taken by its Provincial Disciplinary Committee (PDC) after disciplinary hearings against the expelled members.

“The ANC has reaffirmed its long-standing resolution to renew the organisation and revive unity of purpose within its ranks. At the epoch of these resolutions, is the ability and political will of the organisation to implement its own good policies, fight corruption and instill discipline within the ANC.

“So, it is against this backdrop that, the ANC Provincial Disciplinary Committee (PDC) makes a public announcement of concluded cases that appeared before it as prescribed in clause 64, Appendix 3 of the ANC constitution. The outcome of disciplinary proceedings involved the Lesego Motlapele, Gontse Kock, Tshepo Khwenanyane, Mittah Chelechele, Tumisho Tlhole, Mmoloki Cwaile, Bafana Nebe, and Stephen Moreki,” he said.

According to Diremelo, Lesego Motlapele, Gontse Kock, Tshepo Kwenanyane, Mittah Chelechele, and Tumisho Tlhole were charged with misconduct. He further said, the common purpose doctrine was applied by the PDC.

“The charges are pending from contravention of Rule 25.17.12, which deals with the undermining of respect for, or impeding the functioning of, any structure or committee of the ANC. The contravention of Rule 25.17.17, deals with prejudicing of the integrity or repute of the organisation, its personnel, or its operational capacity by Rule 25.17.17.1.

“Rule 25.17.17.2 deals with creating division within the ranks or membership and Rule 25.17.17.4 deals with acting on behalf of, or in collaboration with, counter-revolutionary forces, a political organisation or party other than an organisation or party in alliance with the ANC in a manner contrary to the aims, policies, and objectives of the ANC,” he said.

Diremelo further said contravention of Rule 25.17.20, deals with the case of a public representative breaching his or her contract of deployment concluded with the National Executive Committee (NEC). He added that, the contravention of Rule 25.17.21 deals with the case of a member of the ANC caucus failing, refusing, or neglecting to carry out or execute an instruction(s) or mandate of such caucus.

“All the charged members are expelled from the ANC permanently and Cwaile is charged for contravening Rule 25.17.1 of the ANC constitution as amended and adopted at the 54^th ANC national conference, in where he has acted in breach of membership oath.

“His action prejudiced the integrity or repute of the organisation, its personnel, or its operational capacity. On or about the 12^th – 13th August 2022, Cwaile pretended to be a voting delegate as provided for in Rule 17.2.2, Rule 17.2.2.1, and Rule 17.2.2.2. In terms of Rule 17.2.2.3 prejudiced the integrity or repute of the organisation, its personnel, or its operational capacity,” said Diremelo.

He said the disciplinary hearing continued in his absence in terms of Rule 25.7(2) of the constitution of the ANC. Diremelo said Cwaile is expelled from the organisation for 10 years with effect from 08 May 2023.

“He will be removed from representing the ANC in the North West Provincial Legislature with immediate effect. Cwaile has a right to appeal this decision within 21 days. Nebe has contravened Rule 25.17.12 of the ANC constitution

“Undermining the respect for or impeding the functioning of any structure or committee of the ANC. He has also contravened Rule 25.17.1 of the ANC constitution as he acted in breach of the membership oath. Nebe did not attend the hearing proceeding in his absence on 15 February 2023 in line with Rule 25.7(2) of the ANC Constitution,” said Diremelo.

He said a basic rule of fairness is that, a person who will be adversely affected by an act or a decision of the administration or authority shall be granted a hearing before he suffers detriment.

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By OBAKENG MAJE

The North West Provincial Legislature (NWPL) said it will share the pending corruption cases with the Non-Profit Organisation (NPO), Brown Mogotsi Foundation. This comes after the organisation wrote a letter to the chairperson of North West Provincial Legislature’s Portfolio Committee on Public Works, Roads and Community Safety, Mmoloki Cwaile requesting a voluntary disclosure of pending cases for possible private prosecution.

In a letter, the Head of Legal, Human Rights and Anti-Corruption at Brown Mogotsi Foundation, Olerato Gaobusi, requested certain records or disclosure of information related to the criminal cases opened by the legislature representatives that are either delayed or not necessarily progressing.

Gaobusi further said, they are concerned that the aspirations of development for the communities are seriously undermined by rampant corruption, procurement irregularity, and failing and collapsing developmental projects.

“We herein make representation in relation with the constitution of the Republic of South Africa, Section 114(2) (a) (b), which provide for the legislature (a) to ensure all provincial executive organs of state in the province to account to the legislature and (b) to maintain oversight and therefore able to identify and exclude elements of probable corruption and or irregularities bordering along lines of corruption in the public establishments.

“We appreciate Cwaile’s articulations and demonstration of genuine concerns on the challenges of failing service delivery and action he is taking as public representative to make redress to the plight of the communities and responsiveness towards reports being submitted to their attention as public representatives,” she said.

According to Gaobusi, they have noted that on many occasions of Cwaile’s work in varying published committees’ meetings, he has expressed concerns and frustrations about either the delayed processing of investigations by the Department of Police Crime Investigations (DPCI) commonly known as the Hawks or delayed decision-making on whether or not to prosecute by the National Prosecuting Authority (NPA).

“In a time in memory, you have spoken about criminal cases you have opened but we have not come to realise how all these cases are completed and resolved and many cases have been opened for a very long time and we see no action. The cases you have also referred to are accumulating rapidly and with no hope in sight and many other cases opened by individual community members and other interested parties have not found expression either through investigations or prosecution.

“If the requested information is available, we will be able to conduct our own investigations, not only of the allegations but the rationale for their delayed processing either at the level of the investigations or prosecutions. We will also be able to engage through different means and methodologies the relevant establishments and or institutions that are meant to have either investigated or decided to prosecute,” she said.

Gaobusi added that, they will be able to seek legal opinion on and or exercise constitutional rights to pursue the matters at the courts as the foundation.

“We will be able to exercise the rights to pursue private prosecution, where it is necessary and or required for the purpose of public interests. We will be able to share, inform and report to the communities and constituencies on whose behalf we are acting and or existing as we have sought also to respond to the plight of those who are and remain at the fringes of the periphery of the mainstream of the economy and social upliftment,” she said.  

Meanwhile, Cwaile said: “We have openly and transparently dealt with the allegations of corruption, which overshadow good work being done in the public discourse and greatly affect negatively service delivery and benefit of the communities. Although we trust our law enforcement establishments, they have delayed and prolonged the processing of criminal cases referred to them.

“So, after receipt of a request from Brown Mogotsi Foundation, we have resolved to honour their request and share the information, records, and evidentiary proof about criminal cases registered with the Department of Police Crime Investigations (DPCI) known as the Hawks.”

Cwaile said there is nothing prohibiting nor precluding the sharing of the requested information with the foundation in theory, law, and in practice as long as it is done in good faith and in pursuit of the public interests. He said the request made by the foundation does not contradict nor stand-counter pose to democratic constitutionalism and it is in the best interests of the public.

Cwaile said they should find it easy to work with civil society organisations (CSOs) in pursuit of common interests for the good of the public and service delivery.

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