Durban — A warrant officer’s killers and a South African Revenue Service (Sars) fraudster in KwaZulu-Natal were part of the Hawks’ successes.
On Thursday, National Hawks head Lieutenant General (Dr/Adv.) Godfrey Lebeya gave an update on the milestones achieved during the second quarter of the 2023/2024 financial year.
That was the sixth public update of successes achieved by the Hawks and Lebeya highlighted only 30 cases which represent (3%) of 1 045 successes. Of these 30 cases, 14 are for arrest, 15 are for convictions while one in 88 successes demonstrate recovery of assets.
Lebeya highlighted two successes from the province of KZN under police killings and fraud.
“Dear South Africans, while 35 police officials were murdered in the 2nd quarter, 37 arrests were made of which 10 are for older cases. Furthermore, of the 10 who have been sentenced, five accused persons were sentenced to share 10 life imprisonment and a combined 391 years imprisonment.”
Lebeya said that in KZN, on August 27, 2020, Warrant Officer Phiwayinkosi Magwaza, 59, stationed at SAPS Melmoth was at his home in KwaMagwaza Reserve, Melmoth when unknown gunmen shot him dead and robbed him of his service firearm.
Then on September 10, 2020, the Hawks’ Serious Organised Crime Investigation based in Richards Bay in collaboration with Melmoth police arrested Senelisiwe Cebisile (Mpungose) Magwaza, 27, Warrant Officer Magwaza’s wife. Then on September 17, 2020, Bafana Biyela, 42, who is a hitman, was arrested in KwaMashu Hostel where he was found in possession of the deceased member’s service pistol.
“On July 25, 2023, the KwaZulu-Natal High Court sitting at Mtunzini sentenced Senelisiwe Cebisile Magwaza (now 30) and Bafana Biyela (now 45) for the murder of the member. Biyela was sentenced to life imprisonment for murder, 15 years imprisonment for robbery and 15 years imprisonment for illegal possession of a firearm as well as ammunition. The wife was sentenced to 25 years imprisonment for murder and three years imprisonment for defeating the ends of justice. The sentences will run concurrently,” Lebeya said.
On Sars-related crimes, Lebeya said that in January this year, the Hawks and Sars signed a Memorandum of Understanding, in an effort to enhance collaborative efforts between the two agencies.
He said that between April 1 and August 30, the Hawks achieved 35 convictions on tax-related offences. The sentences of the accused, who are a combination of natural persons and juristic persons, included orders of payment of a total amount of R11 654 445.33 to Sars. Currently, the Hawks are investigating 716 cases on Sars-related matters. Of these cases, 223 are pending at court, 263 are under investigation and 230 are pending decisions by the National Prosecuting Authority.
In KZN, Lebeya said that in March 2020, Nana Perseverance Magubane, 43, was arrested by the Durban-based Hawks’ Serious Commercial Crime Investigation team after discrepancies were discovered by Sars. The company submitted fraudulent invoices to Sars which resulted in an actual loss of R3 723 520. She was charged with six counts of fraud.
“Magubane pleaded guilty and she was convicted by the Durban Magistrate’s Court. On July 17, 2023, she was sentenced to a R300 000 fine which will be paid in instalments and a further four years imprisonment which is suspended,” Lebeya said.
Speaking on national figures, Lebeya said the Hawks arrested 801 suspects in the quarter, which is made of 791 natural persons and 10 juristic persons who were secured before the various courts across the country. While 244 accused persons, consisting of 234 natural persons and 10 juristic persons were convicted and sentenced.
Breaking down the arrests per crime category and nationality of the 791 natural persons comprises 570, which is 72%, South Africans and 221, which is 28%, foreign nationals. The top five national priority offences that contributed to a high number of arrests are 173 for fraud; 172 for precious metals and diamonds; 52 for narcotics; 48 for cash-in-transit robberies; and 37 for corruption.
Lebeya said that during the arrests, the Hawks also seized various exhibits including precious metals and diamonds, endangered species, vehicles, cash, firearms, ammunition, counterfeit goods, explosives and electronic devices worth R92 407 269.33.
On crime categories relating to convictions, Lebeya said that out of 244, fraud contributed the highest number of 75, which is made of 62 South Africans, six foreign nationals and seven companies. The second is precious metals and diamonds with a total number of 51 accused persons. In terms of the Prevention of Organised Crime Act 121 of 1998, a total number of 30 accused persons and two companies were convicted for a pattern of racketeering activity and money laundering.
Lebeya said that in terms of nationalities relating to conviction and sentences, 193 are South Africans while 84 are foreign nationals. The foreign nationals consisted of 48 Zimbabweans, seven Chinese, seven Mozambicans, four Nigerians, three Tanzanians, three Basotho, three Pakistanis, three Ethiopians, two Bangladeshis, two Zambians, one Canadian and one Ghanaian.
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