Magistrate slams ‘copy and paste’ affidavits as Saps crime intelligence boss granted bail

Dumisani Khumalo, head of the Crime Intelligence division within the South African Police Service (Saps), has been granted bail of R10 000 following his arrest in connection with a R45 million corruption scandal.

Khumalo was apprehended on Thursday at OR Tambo International Airport in Johannesburg after what authorities described as an “extensive” investigation into the allegedly unlawful acquisition of two high-value properties.

The properties in question include a boutique hotel in Pretoria North, Gauteng, reportedly purchased for R22.7 million, and a commercial building in Durban, KwaZulu-Natal (KZN), valued at R22.8 million.

Both acquisitions are alleged to have been made without the requisite ministerial approval.

In addition, Khumalo’s arrest is reportedly linked to the controversial appointment of a 29-year-old woman as a police brigadier, despite her reported lack of experience in the field.

The case has been postponed to 13 August.

Saps Crime Intelligence boss, co-accused appear in court

Khumalo, appointed in December 2022, appeared in the Pretoria Magistrate’s Court on Friday alongside six co-accused.

All face charges of corruption and fraud.

The co-accused are Crime Intelligence chief financial officer (CFO) Philani Lushaba, Gauteng head of Crime Intelligence Josias Lekalakala, head of the Crime Intelligence’s analysis centre Nozipho Madondo, technical support system manager in Crime Intelligence Dineo Mokwele, Sydney Gabela from the Saps’ technology service department, and Phindile Ncube, who heads the Saps vetting office.

The state confirmed the charges fall under Schedule 5 offences.

In an affidavit read by his lawyer, Khumalo stated that he has no previous convictions or pending cases.

“I have no outstanding warrant of arrest. I have no protection order or harassment order against me,” he said.

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The 56-year-old told the court he could afford only R1 000 for bail.

“I cannot afford to forfeit this amount of money to the state by not being present in court when I’m required to be.”

The crime intelligence boss argued that he would not evade trial because he intends to “clear his name”.

“I intend to plead not guilty to the charges levelled against me. I deny all the allegations against me. I will exercise my right to remain silent at this stage. My defence will be disclosed at my subsequent trial.”

Mokwele, who was appointed to the rank of brigadier, also applied for bail, indicating she could afford R1 000.

The remaining accused requested the same amount, and the state did not oppose bail.

Magistrate criticises copy-paste affidavits

Chief Magistrate Vusumuzi Mahlangu, however, expressed dissatisfaction with the affidavits submitted by the accused.

Mahlangu described the quality of the affidavits as “very disturbing” and highlighted a concerning decline in the standard of bail applications.

“Maybe someone gave the document and said here copy and paste [but] just change the names,” he said.

“Page one of each of the affidavits is exactly the same, from the heading to the full stop at the last letter or word of the application.

“It’s only the names that are different. Everything else is exactly the same. It’s a one-size-fits-all.”

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He also criticised the proposed bail amounts, pointing out Khumalo’s net salary of R74 000 and Madondo’s R55 000 income, suggesting R1 000 bail was inappropriate given their financial standing.

“These are factors that were extracted by the questions that the court was asking,” he said, adding that without further probing, he might have denied bail for lack of sufficient information.

Despite the state’s failure to present a “convincing” case, Mahlangu granted bail of R10 000 to all accused except Lushaba.

“This amount is well within reach,” he said.

As a condition of their bail, the accused are barred from accessing any Crime Intelligence premises.

The case has been postponed to 13 August.

Separate charges against Saps Crime Intelligence CFO

Lushaba is also facing charges in a separate criminal matter.

Earlier on Friday, the state confirmed that Lushaba may be facing suspension.

He was arrested earlier this month along with police officers Glen Hudson and Eugene Pitout, and Jonny Mogashwa.

The four face charges of corruption, defeating the ends of justice, and perjury.

They were all granted 3 000 bail and ordered to surrender their passports.

Their arrests relate to an alleged cover-up of theft at Lushaba’s residence, where his state-issued firearm, cellphone, and laptop were stolen by a sex worker the senior police official had brought home.

Lushaba is believed to have initially provided misleading information to police in an attempt to conceal the true circumstances of the theft.

While Hudson and Pitout are accused of aiding Lushaba in the cover-up by altering statements in the case docket and recovering the stolen items, Mogashwa was the original investigating officer in the case.

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