State capture: R400 million recovered so far, as investigations continue

Directorate for Priority Crime Investigation (Hawks) head Godfrey Lebeya during a media briefing. Picture: Jacques Naude / Independent Newspapers

Directorate for Priority Crime Investigation (Hawks) head Godfrey Lebeya during a media briefing. Picture: Jacques Naude / Independent Newspapers

Published Sep 6, 2024

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The task team dedicated to prioritising state capture cases has recovered R400 million and more than 20 people have appeared in court, National Head of the Directorate for Priority Crime Investigations (known as the Hawks), Godfrey Lebeya said.

He said the task team was established by Hawks and the National Prosecuting Authority (NPA).

“The team’s efforts made it possible for an amount of R400 million to be economically recovered for South Africa,” he said at a media briefing on the Hawks’s investigation into state capture on Thursday.

“The investigations encompass various entities and have led to the securing of attendance in court of more than 30 individuals (22 natural persons and eight entities) and three successful convictions. The Bosasa matters have since been referred to the ID.”

He said this reaffirmed the Hawks and NPA’s commitment to address the concerns regarding those implicated in state capture corruption.

Lebeya and Police Minister Senzo Mchunu were outlining the success of the directorate’s investigation into State Capture during the briefing.

They also welcomed the successful conviction and sentencing of Daniel Mtimkulu, the former head of engineering at the Passenger Rail Agency South Africa (Prasa).

The case against Mtimkulu is one of the State Capture cases, some of which were recommended by the Zondo Commission.

He also had a stern warning for would-be criminals.

“The successful conviction and sentence of Mr Mtimkulu should serve as a deterrent to would-be fraudsters who use fake qualifications to attain higher positions, and though the wheel of the law seems to turn slowly, the ultimate closure/goal shall be attained no matter how long it takes,” Lebeya said.

“They should know that they are committing a serious offence that is not only detrimental to the economy of the country but also negatively affects the integrity of the government.”

Mtikulu, 49, was convicted on three counts of fraud, along with forgery and more charges, in the Johannesburg Specialised Commercial Crimes Court, sitting in Palm Ridge, on January 31, 2022. He was sentenced on September 3, 2024.

“The following sentence is a result of an extensive prosecution-guided investigation, during which Mtimkulu was charged with nine counts, including fraud, uttering, and forgery,” Lebeya said.

“Mtimkulu was found to have misrepresented his qualifications to Prasa, claiming, among other things, that he had obtained a master’s degree from the University of Witwatersrand, as well as a doctorate in engineering management from the Technische Universität München (Munich Technical University) in Germany,” he said.

“This was discovered upon his arrest in July 2015. As a result of the misrepresentation and fabricated CV and presentation of a falsified job offer from Germany which led to the entity offering him the position of Engineering Services Specialist.”

Prasa suffered a loss in that his annual salary was unduly hiked from R1.6 million as an executive manager to heading the engineering services for a salary of R2.8 million.

The Hawks’ Serious Commercial Crime Investigation was instrumental in ensuring that Mtimkulu was ultimately convicted.

In the order, the Johannesburg High Court attached both immovable and movable properties belonging to Mtimkulu to be confiscation by Friday, March 15, 2024.

Mtimkulu was also ordered to pay R5.8 million to Prasa to recover the proceeds of the crime. Mtimkulu was sentenced to 15 years imprisonment.

“It is important to note that despite these accomplishments, the fight against national priority offences continues to be an ongoing challenge that requires sustained commitment and collaboration,” Lebeya said.

“The Hawks reiterates its commitment to work diligently to address the evolving threat and bring those who engage in criminal activity to justice.”

The State Capture National Investigation Task Team was established to conduct thorough and efficient investigations to gather prima facie evidence. To achieve this goal, the team gives priority to investigations and converts inquiries into case dockets.

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