Three men appeared in the Kempton Park Regional Court on October 12 in connection with a Garmin Venu smartwatch allegedly belonging to Elizabeth Tsontso Moselakgomo, the Kempton Park runner whose body was found in Rhodesfield in September.

The court heard allegations about how the smartwatch was acquired, registered and sold within 24 hours of Moselakgomo last being seen alive.

The media applied to cover the proceedings, but only audio recording was permitted because of the sensitive nature of the matter.

According to the allegations presented in court, the watch was acquired, bought and sold after Moselakgomo’s alleged murder. The device was subsequently registered to an account and resold, with the transactions forming part of the case against the three accused.

Alleged smartwatch transactions

The first accused is alleged to own or manage a second-hand goods shop in Kempton Park.

The state alleges that he acquired the Garmin Venu smartwatch for R900 from an unidentified person without obtaining and recording the prescribed details.

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He allegedly sold it to the second accused, Accused 2, without making the required register entries or retaining the prescribed transaction documentation.

Accused 2 allegedly registered the smartwatch to his Gmail account at approximately 11:43 on September 10, by which time the deceased’s settings and profile data had allegedly been erased.

In a warning statement, Accused 2 reportedly said he frequently buys and sells watches obtained from pawn shops.

The state further alleged that Accused 1 and Accused 2 knew each other and that Accused 1 had contacted Accused 2 to tell him he had a watch available for sale.

Accused 2 allegedly sent Accused 3, photographs of the Garmin Venu via WhatsApp on September 10.

Accused 3 allegedly bought the watch from Accused 2 for R4 000, advertised it on Facebook Marketplace and subsequently sold it for the same amount.

Charges against the accused

Accused 1 faces a charge of contravening the Second-Hand Goods Act 6 of 2009, relating to the alleged failure to keep the prescribed register and record the required details of the smartwatch’s acquisition and disposal.

He faces an alternative charge of conducting business as a second-hand goods dealer without the required registration.

He is also charged with money laundering under the Prevention of Organised Crime Act 121 of 1998.

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The state alleges that he entered into a transaction involving property he knew, or ought reasonably to have known, was the proceeds of unlawful activities.

Accused 2 and 3 each face money laundering charges relating to their alleged involvement in the acquisition and resale of the smartwatch.

The state alleges that Accused 2 registered the watch after the deceased’s profile data had been erased before selling it to Accused 3, who then advertised and resold it.

All three accused face a theft charge under common law.

The charge alleges that, between September 9 and 10, they acted individually or in furtherance of a common purpose to steal the smartwatch, intending permanently to deprive its owner or lawful possessor of it.

Alternative charges relate to possession of goods reasonably suspected of being stolen and receiving stolen property without reasonable cause to believe that the person transferring it was entitled to do so.

The charges are allegations before the court and have not been proven.

Bail and next court appearance

Accused 2 and 3 were each granted bail of R10 000.

As part of their bail conditions, they must report to the Kempton Park Police Station on Mondays and Fridays.

They are also prohibited from leaving Gauteng without informing the investigating officer.

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Accused 1 remains in custody while investigators verify his documentation. He is expected to be held at Brooklyn Police Station in Pretoria.

The matter was postponed to October 19 for further proceedings.