Month: August 2023

Under cross examination during the trial, Macadam [the prosecutor]conceded that the laying of charges, and media publicity surrounding them, were effective in imputing in the minds of the general public the guilt of those so charged, even if they were subsequently found innocent

The above quotation relates to one of many malicious prosecutions brought against competent SAPS members in the past three decades, that in which the accused were top detectives whose investigations had threatened to expose the involvement of senior ANC members in KZN in the carnage in Richmond in the latter 1990s. They were completely exonerated and won a civil action against the state but the trial cost then Director Eric Nkabinde his position as head of detectives in KZN (a major blow to detective services in the province) . This malicious prosecution of good cops has continued, unabated, and the most recent victim – joined in a prosecution with other investigators he had no connection with – is Hawks detective Warrant Officer Makhubo. Makhubo was charged after he had opened the now notorious second docket for Defeating the Ends of Justice in the Senzo Meyiwa murder case. The serious counts he and several others faced included assault, torture, kidnapping and extortion. On 8 August all the accused were found not guilty on all charges, the brief Judgment in the Johannesburg High Court referring to the complete lack of evidence needed for conviction (SS74/20). However, through his Meyiwa investigations, Makhubo’s life remains in great danger.

Warrant Officer Makhubo, who has been a detective for thirty years, suffered this shocking treatment for doing his job well following his appointment in 2018 to join other investigators dealing with the murder of Senzo Meyiwa. As have other Hawks members, he has had his share of successful convictions, the most recent being that of taxi-cum-political hitman Fisokuhle Ntuli on six counts of murder (a Nongoma IFP councillor plus witnesses) for which he received six life sentences. According to my records, this is one of only a few known convictions for dozens of politically-linked killings in KZN. Ntuli is Accused No 5 in the Meyiwa case currently in court. He had been arrested and denied bail in 2018. Makhubo realized there were shortcomings in the Meyiwa investigation, including that a key statement had been removed from the docket after the witness had given that statement to six previous investigators. His investigations revealed that there was sufficient evidence to charge those in the house with Meyiwa when he was killed, which led to the opening of CAS375/01/2019 – the Second Docket. The prosecutor to whom the docket was presented agreed that the case was a strong one, and he started to prepare the indictment for the arrest of the suspects who had been in the house. Makhubo was advised to open a case of defeating the ends of justice because key incriminating evidence had been removed. However, before the matter could proceed further the prosecutor was allegedly instructed by Gauteng DPP Chauke to charge Makhubo under an existing case which was already in progress, Hillbrow CAS 988/6/17)

This case relates to a matter in which a team of detectives recovered money stolen in Gauteng in 2006, during which time the crimes they were charged for were allegedly committed. Makhubo had not been working with them. The instruction to charge Makhubo had emanated from then National Commissioner Sitole, who had also sent a general from the Northern Cape to interrogate him with a view to charging him departmentally, but there was no evidence for an internal inquiry to proceed.

This 2017 case had initially been heard in the magistrate’s court in Johannesburg in 2018, but the presiding officer had thrown it out for lack of evidence. IPID had been ordered to gather further evidence, but it seems that had not happened when the matter resurfaced in the Johannesburg High Court in 2020. Apparently even the summons for Makhubo to appear in court was left with lawyers for the other accused.

For three years this case hung over the head of this experienced investigator, which would have been a major impediment to any career advancement. He had to attend court regularly, where no evidence was led against him. In July 2023, the truth about the extent of complicity in corruption was exposed, as summarized in a sworn statement by witness RM, who had been arrested in 2006 on suspicion of involvement in a robbery. At the time, he says he gave the SAPS R80 000 which belonged to him. Sometime in 2017 men (named, and apparently from IPID) came to him wanting information about what had happened when he was arrested in 2006, and he had made a statement about it which, he says, was the truth. The same men returned in 2018 and asked him to make another ’powerful’ statement, which included that he had been assaulted by the police, if he wanted to get his R80 000 returned to him. He then signed the second statement. However, in a further sworn statement made to a high court advocate involved in the case dated 31/7/2023), RM revealed that he had signed the false statement given him by one of the investigators, PK, ‘including assault that never happened’, and confirms that he had not witnessed others being assaulted. He says he had made the false statement after ‘a promise to get money taken by the police’ during the 2006 arrest back (it seems that the money recovered after the suspects had been arrested was linked to the robbery, and was entered in the SAPS system. This deliberate falsification by IPID in collusion with the DPP raises exttremeely serious questions about why this prosecution had been pursued, including about the role of former SAPS Commissioner Sitole, and the conduct of IPID investigators in collusion with the DPP.

The first, arising from Makhubo’s being joined to an existing case, relates to why the case against those originally accused, Maj Gen Jan Mabula and North West Province investigators, was so assiduously pursued, given the absence of evidence. These detectives had, co-incidentally, been investigating he Cato Manor unit, following media reports implicating them in dozens of murders. This strategy, of deployment of investigators and prosecutors from other provinces, had been pursued because of fears about lack of independence of KZN police, IPID and prosecutors who were colleagues of the accused. Serious allegations have been made that these arrests were driven by former IPID head McBride because the men had arrested and prosecuted members of that unit , including Organised Crime head Johan Booysen (although in the Booysen case, the culprits seem to have been senior prosecutors, especially Advocate Noko). Ironically, given his role in the prosecution of Makhubo, a November 2020 media report quotes senior prosecutor Chauke as being prepared to waive prosecution against these investigators, apparently ignoring ‘instructions from NPA deputy head Rodney de Kock to enrol the case….’ii While attempts will be made to have these prosecutions investigated, the exonerated accused will probably need to institute a civil action against the state if the veracity of their allegations are to be tested in a court of law

It is self-evident that the abominable treatment of an experienced, competent police member with a clean record, resulted from his having exposed a tissue of lies and coverups relating to the murder of Senzo Meyiwa. However, he is not out of the woods in terms of his own personal safety : The threat to his life will continue despite his having been cleared by the High Court of any wrongdoing, as the case that he opened poses a threat to extremely powerful people. There is other evidence which suggests a deliberate coverup involving various senior police members, and alleged political collusion, took place after

Senzo Meyiwa was murdered and, in the interests of justice for the Meyiwa. family, as well as Makhubo’s safety, it should proceed to trial as soon as possible. The recent brutal assassination of Lt-Col Matipa highlights the dangers posed to highly skilled Hawks detectives doing important work which may pose a threat to powerful economic and political forces, and concerns about their safety must be taken seriously.

Top lawyers engaged by Whistleblower House to provide legal assistance to Patricia Mashale have arranged for her to appear in the Bloemfontein Regional Court on 17 August 2023, with a view to having the warrant of arrest issued against her on 3 March 2023 cancelled.  The transcripts of events at court on 16 November 2022 have also been obtained, and they confirm that the presiding magistrate had told her that she did not need to appear in person if her life was in danger – she had narrowly missed being killed ten days earlier – provided her legal representative was present.  However, this crucial information had not been included in the hard copy of the court file, which showed only a page 3 for that date – pages 1 and 2 were missing from the file. Her then legal representative continued to appear for her at remand hearings but for some inexplicable reason told the court she was in ‘Witness Protection’ despite her having made it clear to him that she was simply in hiding, so no evidence of that could be provided, and the undertaking by the magistrate in November 2022 was not on record. Apparently, the offer of a remote court appearance made by the lawyer was turned down, and the warrant of arrest was issued (further detail in previous 2022 and 2023 Monitor reports).

It is hoped that the case against her and George Mashale – alleged breach of a highly suspect Protection Order obtained by Deputy Free State Commissioner Lesia against them – will proceed as soon as possible.  However, there is no end in sight to the danger to her life which prevents her from returning to live with her children, whose rights – especially those of her eleven year old son – have been seriously violated by the abominable treatment of their mother at the hands of the State, especially the President, and the ministries of Police and State Security (now subsumed under the Presidency) which, in many respects, is akin to that inflicted on those who opposed apartheid.  The origins of the persecution of Mashale lie in collusion between the State Security Agency and SAPS management in trying to find out what information the Mashale couple might possess about corruption implicating key ANC politicians and ministers in the Ramaphosa government. From March/April 2021, as threats and internal disciplinary action against Patricia commenced, this collusion was obvious. In April 2021,George and Patricia were informed that then Deputy Minister of State Security, Zizi Kodwa, claiming he was acting on behalf of the President who was concerned about reports of SAPS corruption, wanted whatever information they might have obtained in the course of their work about ministerial and ANC corruption. This included what had transpired at Nasrec in 2017 (which George had)  and links between SAPS guns and politicians (which Patricia, having been leaked information by a colleague, had reported to then national commissioner Sitole). George also met personally with Zizi Kodwa in April 2021, whereby Kodwa informed him that President Ramaphosa had tasked him (Kodwa) to establish a team who would be in contact with him and Patricia. Patricia was also at the meeting venue, but she remained in the car. The couple co-operated with the agents, to the point of Patricia allowing them to download what was on her laptop and cellphone, as they believed that Kodwa (who stopped returning calls) was operating on behalf of the President.   Patricia, who had passed a course in cybercrime with flying colours, now believes that the reason that her personal cellphone had been seized on the instructions of Lesia, was because they thought there might be incriminating information on it they had not been able to download.  

Then Deputy Minister of State Security, Kodwa featured prominently in the Zondo Commission hearings, and was found to have had a ‘tainted relationship’ with EOH Holdings boss Jehan Mackay, to whom he owed a large sum of money.  EOH Holdings provides technological and IT services.  Mackay is a former member of National Intelligence Services.  The Zondo Commission report recommended that Kodwa be dismissed as Deputy Minister of State Security, and be subject to ‘multiple criminal investigations’.  He is now Minister of Sports Arts and Culture.

In other words, Patricia Mashale’s life remains in danger because those in the most powerful of State positions believe that she may have highly incriminating information about their corruption.  She does not know what they are looking for as the most damning information she was privy to through her job in the FLASH (priority crimes, including firearms), such as access to police funds and guns by politicians, had been passed on to relevant line management in the SAPS. We do not know if they think she has something she does not have.  What is, however, obvious that they remain apprehensive that there are hidden skeletons which may be exposed if she lives – though she has taken the sensible precaution of sharing whatever she knows with trustworthy sources, and places whatever information she has in safe, inaccessible storage. They may even be bent on revenge for her having drawn attention to their corruption – which is only in the public domain because General Lesia obtained a Protection Order, and opened a criminal case, against her, and she has had to publicly defend herself.

Since her enemies are multiple it would serve little purpose for her to obtain a Protection Order, especially as the killing modus operandi, if not in SAPS detention, would be the use of hitmen.  She will need to continue to watch every move she makes – especially when travelling – and ensure that when she attends court she is accompanied by supporters – and there are many of them, because of the type of support she and George have given to police members victimized by corrupt management.  She is desperate to reunite with her family,  but she dare not as there are constantly cars coming and going and keeping her house under surveillance.  Attempts to trace them have been unsuccessful because they only display registration certificates which accompany new ownership, not number plates.  However, on 15 August 2023, one was clearly identifiable : It was a white BMW known to be driven by members of the Hawks (names and number plate known).  It was after she left the family home last November that she was almost killed.

Unless urgent action is taken to deal with unconstitutional, criminal, policing, and remove and prosecute senior politicians from government, the life of Patricia Mashale, other whistleblowers – and good police members – will remain in grave danger

Threats to the lives of Patricia Mashale and other corruption whistleblowers, like our abnormally high crime rate, are rooted in a police service which has been captured, and its management rewarded, by politicians, especially in the past fourteen years.  It is no longer along only party lines, but factional party lines, with most in senior ranks owing their positions to the Ace Magashule/Jacob Zuma axis.  Threats, ranging from malicious prosecutions to killings, have escalated against those very many police members who continue to risk their lives in dangerous work  (the top heavy, largely superfluous brigadiers and generals in management are not among them). Despite the country’s intelligence agencies bearing prime responsibility for allowing the destruction of July 2021, SAPS CIS has lurched from bad to worse since then, which, as the current crisis in this component demonstrates, is the result of unmitigated political interference by the Minister of Police, presumably with the approval of the President who refuses to remove him. Current events in CIS raise questions about whether what is happening relates to the forthcoming 2024 elections.

In addition to ministerial appointments to key deputy national commissioner positions, there has been a strategic reshuffling of ministerial KZN cohorts to strategic positions elsewhere, including at head office.  The new CIS head in the Free State was implicated in the orchestration of the killing of Sindiso Magaqa. But it is the apparent disappearance of funds and equipment (e.g. vehicles) for the CIS away from this component that raises serious questions.  CIS members at national level have been on a ‘go slow’ as they have no cars, and they need to take public transport (which may risk their lives further if they are engaged in dangerous undercover work). They do not even have stationary.  Cars were purchased for them out of their budget, but they are either standing gathering dust or sent elsewhere.  Informers have not been paid, and there is no money for basic essentials needed in safe houses.  What is going on? Is this a deliberate sabotaging of CIS, and the security of SA?

Among the ministerial appointments are those of two management members to head CIS nationally, neither of whom have training in intelligence work.  One is General Khumalo, believed to have been a former member of the KwaZulu bantustan Police Guarding unit, integrated into SAPS Operational Response Service. He was removed from ORS following a management crisis he allegedly instigated and placed In the Ministerial Task Team on political killings in KZN (never having been a detective). The structure of this team, which operates opaquely, is grossly irregular, since it reports to the minister (whose political colleagues may be suspects) and not to SAPS line management, as required by law. Despite the late Chairperson of the Portfolio Committee having agreed that the minister should not been involved in operational matters, he continues to run the police without hindrance, through deputies he has appointed (some fast tracked when he was national commissioner) to the exclusion of National Commissioner Masemola.  It was necessary, on 27 April 2023, to write to President Ramaphosa and draw his attention to the fact that his Minister of Police wanted to replace National Commissioner Masemola with one of his favoured deputies, apparently because the national commissioner was trying to exert his lawful authority, as mandated by the SAPS Act (which is thought to include necessary disciplinary action against management members close to Cele).  Before Khumalo’s appointment, the acting head of CIS who Cele had appointed in 2022, had no sooner assumed this key position than he was reported to have been robbed of his official laptop, tablet and cellphone by a commercial sex worker he had taken home.  He is then alleged to have made a false statement about what happened when a criminal case was opened.  The investigating officer, who uncovered the truth of the matter, was then charged departmentally.  As far as can be ascertained, no case has been brought against the member who is alleged to have lied under oath (but the current Head of Legal Services is Cele’s long-standing, inept, legal advisor, and it is rumoured that attempted disciplinary action by the national commissioner was stymied).   It is this same senior CIS management member, believed to be very close to the minister, who is now allegedly dispensing finances allocated for CIS budget to unknown recipients.  CIS members believe that the funds, like the vehicles, are being diverted to the political killings task team.  This team is known to run up huge operational and subsistence expenses, and to achieve, at most, few significant convictions. Periodically there are press conferences about successes but, with one exception – the conviction of a Nongoma hitman, who was given six life sentences, by an excellent Hawks detective deployed temporarily to the team, no specifics are on record. Even KZN cases it took over, in which breakthroughs had been made, have disappeared off the radar, while politically-linked killings continue, and may even be escalating, in KZN.

Crime prevention starts with intelligence, and if reports from Head Office are correct, it is grinding to a halt for lack of funds.  Where have the funds gone?  Why would they go to a unit which has already wasted huge funding, and which operates without any transparency, and has achieved virtually nothing of any significance?  What is happening to the funding?  Is it being siphoned off for political purposes ahead of the 2024 elections?  All this has been communicated to the Parliamentary Committees of Police, Intelligence Oversight, and SCOPA, and copied to Treasury, with a request than an urgent audit of SAPS funds be undertaken by the office of the Auditor-General. There has been no response, even by way of acknowledgement.  Where is parliamentary oversight when the collapse of SAPS intelligence services gives criminals free rein and leaves South Africa wide open to further anarchy?

How is Patricia Mashale – like all those who do the right thing and expose corruption – going to stay alive, given the odds stacked against her by the most powerful politicians in SA? Threats to her safety have escalated since Khumalo took over CIS, as it was he who was deployed by Cele to track her down in Bloemfontein, and harass her family,  as reported to Parliament in May 2023,

If Patricia Mashale is killed, we know which police and ministers are implicated, and that the ultimate blame will lie with President Ramaphosa by his failure to stop ministerial criminality.