2020: The year the Hawks finally buried their talons in govt corruption

Despite having had to grapple with rogue elements within their ranks, the Directorate for Priority Crime Investigation (DPCI), better know as the Hawks will end the year smelling of roses, with experts saying their willingness to act against high-profile suspects somewhat helped restore the public’s trust in the country’s justice system.

This year saw the Hawks bare their talons in a series of high-profile fraud and corruption cases involving senior leaders of the governing ANC, including its secretary general Ace Magashule, and other top government officials, mayors and businesspeople.

Magashule was released on R200 000 bail by the Bloemfontein Magistrate’s Court last month, on charges of fraud, corruption, and money-laundering related to the R255m asbestos audit tender in the Free State.

Professor André Duvenage, head of North West University’s political science department, said one of the success stories of President Cyril Ramaphosa’s term of office was the way he positioned criminal justice institutions, particularly the Hawks.

“I think people expected a lot to happen and a lot did not happen for the most of the year, but towards the end of the year we have seen some dramatic changes. I think that is a positive sign and we need to give credit to Ramaphosa for his actions in this regard,” he said.

ANC’s secretary-general Ace Magashule appears in court during his first appearance in court on corruption charges in Bloemfontein, South Africa on 13 November 2020. Picture: EPA-EFE/CONRAD BORNMAN

On whether these arrests will be followed by prosecution, Duvenage said there were several arguments to be made in that regard – the constitutional argument, the rule of law principle, and the applicability of the rule of law.

He was, however, concerned about the status of the constitutional state in SA, but said he was hopeful the Constitution and the rule of law would be powerful enough to deal with what he called the strongmen of SA politics.

“That is what the Constitution is telling us, what we should do. But against this we have very strong political forces and we cannot underestimate the political role that people like Magashule, Supra Mahumapelo, David Mabuza, Jacob Zuma, and others are playing, and that is not the role that is aligned with the supremacy of the law or the rule of law principle,” he said.

“So there is a big test for the SA Constitution ahead and that would be to apply the rule of law principle and I think Ramaphosa needs all the support he can get,” Duvenage added.

The 2020 who’s who of Hawks’ arrestees

By November, the police elite unit had arrested more than 100 people in an anti-corruption crackdown, with the list ranging from lesser-known business figures to the who’s who of politics, business, law enforcement, and self-proclaimed prophets.

These include:

June: Tshifhiwa Matodzi, the alleged kingpin behind the R2-billion VBS Mutual Bank heist. He chaired the bank and as the alleged largest beneficiary of the theft at the bank, is believed to have personally pocketed more than R300 million from the loot through Vele Investments, which he controlled.

September: Former head of the Free State human settlements department Nthimotse Mokhesi was also arrested in connection with the Free State asbestos matter in late September. He had earlier testified before the Zondo Commission that he received more than R600 000 from Edwin Sodi’s company Blackhead Consulting.

October: Blackhead director Edwin Sodi was arrested and charged in connection with the Free State’s R255 million asbestos audit tender scandal.

Director of Blackhead Consulting, Edwin Sodi at the State Capture Commission in Braamfontein, 29 September 2020. Picture: Neil McCartney

He and Mokhesi were joined in the dock by businessman Sello Radebe, former director-general of the national department of human settlements’ Thabane Zulu, former provincial human settlements MEC Sarah “Olly” Mlamleli, Free State human settlements supply chain manager director Mahlamola Matlakela and businessman Abel Manyeki.

They all face more than 60 counts of fraud, theft, corruption and money laundering.

October: Former state security minister and ANC MP, Bongani Bongo, and 10 others were arrested for alleged fraud during 2011 and 2012 in Mpumalanga.

Most of the charges are linked to the R37.5 million sale and purchase of a farm in Naauwpoort, Emalahleni.

October: Kgotso Khumalo, executive mayor of JB Marks municipality and municipal director, Cyril Hendry, were arrested by the Hawks in the North West on charges of fraud and theft involving R5 million.

November: Moloko Stanford Maila, a former ANC member of parliament, appears in the Polokwane Magistrate’s Court with three others in connection with a theft case of R4.8 million, involving the Limpopo Makgatho Community Property Association.

In the same month, former ANC MP Vincent Smith handed himself over to Alberton police on charges of fraud and corruption in relation to money he allegedly received from Bosasa.

Meanwhile, the Hawks also arrested Nonhlanhla Pamela Hlongwa, a supply chain manager in KZN Premier Sihle Zikalala’s office, in connection with a R24 million catering tender.

Rooting out the rot from within

In October, the Office of the Directorate of Priority Crime (DPCI) Judge, an ombudsman office within the SAPS responsible for investigating complaints against Hawks members, revealed that it received 56 complaints during the 2019-20 financial year.

The complaints included abuse of power, harassment, intimidation, extortion, unlawful seizures, assault, as well as defeating the ends of justice and undue delays in completing investigations.

In efforts to rid itself of members whose behaviour were not beyond reproach, last month the Hawks’ Serious Corruption Investigation Unit nabbed two of their own senior officers and a former colleague, for alleged fraud and corruption relating to promotional appointments within the Hawks.

The unit’s spokesperson, Brigadier Hangwani Mulaudzi also resigned last month, after a foundation he chairs received R3 million from the embattled National Lotteries Commission (NLC) which was itself being investigated by the Hawks.

Rudolph Zinn, Professor in the Department of Police Practice at the University of South Africa (Unisa), believes with credible leadership in Lieutenant-General Godfrey Lebeya, indications are there will be tough and swift action.

“Unfortunately it is too long a process to now say we are going to see a positive outcome, but I think indications are that it is starting and now we need to support that and hopefully we will end up with a revived police service,” Zinn said.

– siphom@citizen.co.za

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