Case against four suspects linked to the R400 million SA Express tender corruption set for pretrial

5 May 2023

The Molopo Magistrates’ Court deferred the case against Tebogo Van Wyk (40), Nothando Dube (44), Sipho Levy Phiri (39), Thabang Mohlokoleng (54), and three companies, Batsamai Investment Holdings, Sevilex Investment Holdings and Lavao, Estevao (PTY) Ltd, to 05 June 2023, for pre-trial conferencing. The matter will subsequently sit at the High Court of South Africa; North West Division 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 pretrial. The case follows their arrest by the North West’s Hawks Serious Corruption Investigation in September 2022, on 34 counts including fraud, corruption, money laundering and contravention of the Public Finance Management Act.

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. Van Wyk was granted R500 000 bail, R35 000 for Dube, R150 000 for Phiri and R50 000 for Mohlokoleng. 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 investigations revealed that in 2014, the North West government 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 North West government allegedly appointed S.A Express as a service provider, to render the service but this was done without following the proper supply chain management processes. The irregularly secured agreement is said to have been signed by the four accused. Mohlokoleng signed on behalf of the Department of Transport, as the then Accounting Officer in his capacity as the head of the department. 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 North West government 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.

Issued by Henry Mamothame, NPA Regional Spokesperson, North West Division, 5 May 2023