AFU NORTH WEST OBTAINED PRESERVATION ORDERS IN A STOCK-THEFT STOCK THEFT AND CORRUPTION CASE
The High Court of South Africa; the North West Division Court has granted the NPA’s Asset Forfeiture Unit (AFU) two preservation orders in the fight against stock theft and corruption cases in the North West Province. In the stock theft case, a Toyota Land Cruiser, Isuzu bakkie, Hino truck and two trailers that were used to facilitate the commission of the stock theft during November 2022, were subjected to a preservation order. The order relates to a matter that occurred on 10 November 2022, whereat seven suspects, four white males, one white female and two African males were arrested by the police at Ottoshoop after they were found in possession of stolen cattle that belong to Piet Motlhabane.
At the time of the arrest, the Toyota Land Cruiser was pulling a trailer that was loaded with nine of Tlhabanyane’s Bonsmara cattle. The Hino truck was loaded with about eighteen (18) Bonsmara cattle that also belonged to Tlhabanyane. The suspects had alleged that they bought the cattle from their lawful owner, but Tlhabanyane who subsequently arrived at the crime scene denied having sold his livestock to the suspects. The High Court agreed with Counsel for the National Director of the Public Prosecutions that the sole purpose of the use of the property was to facilitate the commission of the offence, to leave the crime scene without a trace and to evade the arrest by the police, lawful owners, and community forums. The matter is back in court on 11 August 2023, for further investigations and a regional court transfer.
In the corruption case, a preservation order was granted against a Polo Vivo, an amount of R66 400,00 and a bottle of 15-year-old whiskey. The order pertains to an incident that occurred on 23 October 2022 where the last two suspects were arrested at the Serious Corruption Investigation Unit offices in Klerksdorp where they attempted to bribe and corrupt a police officer who was investigating a Rustenburg corruption case about the irregular appointment of service providers by the Rustenburg Local Municipality. This entailed alleged fraudulent activities by the then supply chain manager and the employees of the Municipality, and the appointed service providers irregularly.
The two suspects offered a total amount of R200 000 to the police officer to destroy the police docket in the Rustenburg case and at the time of their arrest they handed an amount of R25 000 and a 15-year-old whiskey to the police. A further amount of R41 400 was discovered inside the Polo Vivo and the suspects could not account for it.
The Court agreed with Counsel for the National Director of Public Prosecutions that the money was part of the intended bribe money to be given to the anti-corruption police officer. Further, the vehicle was used by the suspects as an instrument to facilitate the offence of corruption by travelling with it from Sandton to Klerksdorp to corrupt the police officer at their own offices, to act against their mandate, to the detriment of the administration of justice and to make a mockery of the entire criminal justice system. The matter is back in court on 10 July 2023, for pre-trial conferencing.
The Director of Public Prosecutions in the North West Province, Dr Rachel Makhari, Provincial Commissioner, Lieutenant General Sello Kwena and the Provincial Head for Priority Crime Investigation, Major General Patrick Mbotho, applauded the collaboration between the NPA, SAPS, DPCI, Farmers Forums and the Asset Forfeiture Unit in the fight against organised crime and sending out a message crime does not pay. They emphasised that stock theft is a prevalent organised crime that affects both the emerging farmers and the economy of the country. They further maintained that no form of corruption will be tolerated in the province.
