TRIAL DATE FOR R74 MILLION FRAUD AND CORRUPTION CASE AGAINST FORMER STATE SECURITY MINISTER AND 11 OTHERS SET FOR NOVEMBER
01 APRIL 2022
The former State Security Minister, Bongani Bongo and his 11 co-accused made a brief appearance in the Nelspruit Commercial Crimes Court yesterday for a pre-trial conference.
On 10 January 2022, the state was ready to proceed with the trial. However, some of the accused changed their legal representatives and the matter was postponed for the new legal representatives to familiarise themselves with the contents of the dockets.
Robert Barwise, Patrick Donald Chirwa, Harrington Sizwakhendaba Dhlamini, Blessing Singwane, David Boy Dube, Sipho Joel Bongo, Vusi Willem Magagula, Bongani Louis Henry Sibiya, Elmon Lawrence Mdaka, Sibongile Mercy Mdaka and Sandile Nkosi are facing 69 charges ranging from fraud, theft, corruption, contravention of Public Finance Management Act (PFMA). The following companies, Little River Trading 156 (Pty)Ltd, Broad Markert Trading 204 Pty Ltd, Bongiveli CC, and Pfuka Afrika CC are also charged.
The allegations are in connection with the R37.5 million sale and purchase of a farm in Naauwpoort, eMalahleni by the Department of Human Settlements (DoHS), supposedly on behalf of eMalahleni Municipality. Some of the accused acting in concert with the common purpose, exploited the normal phenomenon of the purchase of land by the government by misrepresenting facts to the State (DoHS) regarding the ownership and true sale price of the farm. The real owner of the farm, Petrus Johannes Van Tonder was paid R15 million for the farm from the R37.5 million.
The balance of the money was paid into the trust account of Singwane Attorneys, in their capacity as conveyancers appointed by the department. Van Tonder paid R1.5 million commission to Pam Golding as an estate agent for the transaction. Singwane, not instructed by the department, paid R22.5m to Little River Trading, which enabled the accused to successfully steal the money.
In another transaction, Bongiveli entered into the sale and purchase agreement with Fremax Farms, for a portion of Rietspruit for an amount of R10.5 million. However, Msukaligwa Local Municipality’s valuation of the portion of the Rietspruit farm was at R1.6 million. In March 2011, the Department of Human Settlement paid over R52 million to Singwane. Subsequently, the law firm furnished Freemax with a guarantee of R15.6 million. The property was then transferred to Bongiveli from Msukaligwa Municipality and the company became the owner of the farm.
The farm was sold back to DoHS for R32m, and fell out of Spatial Development Plan for the Municipality and therefore not categorised for human settlement. To date, it has not been proclaimed as a township.
It is further alleged that Bongani Bongo was the Head of the Legal Section of the Department of Human Settlements at the time and was part of the Committee appointed by the then HOD to negotiate the purchase of farms . He recommended the appointment of Singwane attorneys as conveyancers for the department during the purchasing of these farms . Singwane attorneys paid Bongo RI million through his wife’s business account and further paid deposits for two vehicles registered under his brother’s name Sipho Bongo.
Magistrate Deon Van Rooyen postponed the matter to 08- 25 November 2022, for a trial in the same court. All accused are out on bail on conditions that they don't interfere with the state witnesses in the matter and to attend the court until the matter is finalised.
Statement issued by Monica Nyuswa, NPA Regional Spokesperson, Mpumalanga Division, 5 April 2022
