The former sergeant altered official documents to bolster the motorist's RAF claim.
A former Eastern Cape police officer and a motorist have been sentenced to an effective 15 years direct imprisonment each for their central roles in a failed attempt to defraud the Road Accident Fund (RAF) of R5.4 million.
Finding 52-year-old former sergeant Mandlenkosi Njekanye and 47-year-old Xolani Somtsewu guilty, the East London Commercial Crimes Court handed the duo 15 years for fraud and six years for obstructing the ends of justice.
The court ordered that their sentences run concurrently and further declared them unfit to possess a firearm.
Claim follows fatal accident
According to National Prosecuting Authority (NPA) regional spokesperson Luxolo Tyali, Somtsewu lodged a fraudulent claim with the RAF following an accident on the N2 Highway near Komga on 31 December 2020.
In his claim, Somtsewu said he had been driving a Nissan NP300 when he lost control of the bakkie and overturned while allegedly trying to avoid an oncoming car.
“The crash resulted in the tragic death of a passenger, Siyabulela Matshaya, and Somtsewu claimed to have sustained multiple injuries,” Tyali said in a statement on Thursday.
At the time, Njekanye was stationed at Komga Police Station and was the investigating officer in the culpable homicide case.
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Former officer manipulates police records
Tyali said instead of upholding his duties, Njekanye orchestrated the manipulation of official police records to support Somtsewu’s fraudulent version of events.
“Evidence presented in court showed that the original accident report compiled at the scene by another officer concluded that a tyre burst caused the accident,” the NPA spokesperson said.
“Months later, Njekanye summoned the same officer, this time in the presence of Somtsewu, and instructed him to alter the report to reflect a different scenario, one that would bolster the RAF’s claim.”
To further support the falsified claim, Njekanye roped in a third officer from a different police station who falsely claimed to have inspected the new accident report on the day of the incident.
The court found that these actions were part of a deliberate and coordinated effort, led by Somtsewu and Njekanye, to defraud a public institution.
Tyali said RAF investigators uncovered inconsistencies in the documentation before any payment was made, and the claim was rejected.
Both accused pleaded not guilty and simply denied the allegations.
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Prosecution proves guilt
“State advocate Mbokazi Radebe led four witnesses, including the two South African Police Service members who were initially charged alongside the accused but later turned state witnesses,” Tyali said.
“For sentencing, the prosecution submitted that the gravity of the offence – particularly the involvement of law enforcement officers in orchestrating and enabling the fraud – warranted a lengthy term of imprisonment.”
Delivering the sentence, the court emphasised the breach of public trust and the abuse of police powers by Njekanye, as well as the premeditated nature of the crime.
The court held that the fraud, had it not been uncovered, would have resulted in a massive financial loss to the RAF and, by extension, the South African public.
Welcoming the sentence, Eastern Cape Director of Public Prosecutions Barry Madolo said it sends a strong message that corruption, particularly when committed by those entrusted with upholding the law, will not be tolerated.
“The RAF is meant to protect the most vulnerable road users. When individuals collude to exploit that system for personal gain, they rob all South Africans,” Madolo said.
“We commend the work of our prosecutors, investigators, and the court in bringing justice in this matter.”
