Question NW1672 to the Minister of Transport

Reply:

In terms of section 34 (1) 9(a) (b) of Prevention and Combating of Corrupt Activities Act 12 of 2004,

“Any person who holds a position of responsibility and who knows and ought reasonably to have known or suspect that any person has committed

a) An offence under part 1,2,3 or 4, or section 20 or 21 (in so far as it relates to the aforementioned offences) or par 2; or

b) an offence of theft, fraud, extortion, forgery or uttering or forged a document,

involving an amount of R100 000 or more, must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to any police official”

Annexure A, which is attached, is a list of cases, which were reported to the SAPS and the DPCI. The status mentioned relates to when we last received updates on the cases. Majority of the cases relates to Sec 34 (1) (b) and involves fraudulent scams wherein the name of the department was used lure potential services.

(i) Cases referred to South African Police Service (SAPS)

#	SAPS CAS NUMBER	STATUS	YEAR OF CONVICTION
1	Pretoria Central CAS: 1254/08/2010.	Closed
2	Boschkop CAS 149/02/2013	In court
3	Pretoria Central CAS 1589/06/2015	Nolle prosequi
4	Pretoria Central CAS 1589/08/2015	Guilty verdict	2017/2018
5	Vosloorus CAS No 293/01/2016	Investigation under way
6	Maitland SAPS CAS 201/1/2016	Investigation under way
7	Garsfontein SAPS CAS 494/2/2016	Investigation under way
8	Lyttelton CAS 374/3/2016	Investigation under way
9	Garsfontein CAS 377/3/2016	Investigation under way
10	Randfontein CAS 32/9/2017	Investigation under way
11	Kensington Police Station CAS 139/4/2016	Investigation under way
12	Pretoria CAS 1464/4/2016	Investigation under way
13	Emalahleni CAS 610/06/2016	Investigation under way
14	Pretoria Central CAS No 666/8/2016	Investigation under way
15	Vryburg CAS 181/08/2016	Investigation under way
16	Berea CAS 296/9/2016	Investigation under way
17	Belfast CAS 45/11/2016	Investigation under way
18	Park Road CAS 307/01/2017	Investigation under way
19	Klerksdorp CAS 344/03/2017	Investigation under way
20	Montana CAS 424/8/2017	Investigation under way
21	Mondeor CAS 551/8/2017	Investigation under way
22	Orlando Police Station CAS 296/9/2017	Investigation under way
23	Bronkorspruit CAS 225/10/2017	Investigation under way

(ii) Cases referred to the Directorate for Priority Crime Investigation (DPCI)

#	SAPS CAS NUMBER	STATUS	Comments
1	Pretoria Central CAS 1277/04/2013	Ongoing investigation
2	Pretoria Central CAS 1276/04/2013	Ongoing investigation
3	Pretoria Central CAS 1265/07/2015	Ongoing investigation
4	Pretoria Central CAS 1438/11/2015	Ongoing investigation
5	Middleburg CAS 302/10/2015.	Filed an affidavit
6	Pongola CAS 174/09/2015	Filed an affidavit
7	Brighton Beach SAPS CAS 218/10/2015	Filed an affidavit
8	Estcourt CAS 240/11/2015.	Filed an affidavit
9	Greytown CAS 20/11/2015	Filed an affidavit
10	Kuils Rivier CAS 682/09/2015	Filed an affidavit	Originally referred to DPCI, but now handled by SAPS. At court for prosecution
11	Alberton CAS 552/10/2015	Filed an affidavit	Originally referred to DPCI, but now handled by SAPS. At court for prosecution
12	Sandton CAS No 1005/06/2015	Filed an affidavit
13	Brackenfell CAS 262/10/2015	Filed an affidavit
14	Witbank CAS 633/04/2016	Filed an affidavit
15	Bloemfontein CAS 12/3/2016	Filed an affidavit
16	Middleburg CAS 26/6/2016	Filed an affidavit
17	East London CAS 360/09/2016	Filed an affidavit

Airports Company South Africa SOC Limited (ACSA)

We can confirm that ACSA has never had such incidents within its enterprise security and internal audit space.

Air Traffic and Navigation Services SOC Limited (ATNS)

(i) Two (2) cases have been reported to SAPS regarding Prevention and Combating of Corrupt Activities namely:

Employee	Offence	Amount	Reported	Date
Tshidiso Mofuledu	Fraud	R1 796 323.39	SAPS CAS312/2/2016	January 2016
William Ndlovu	Fraud	R 6 million	SAPS:Case 248/1/2018	25 January 2018

South African Civil Aviation Authority (SACAA)

SACAA does not have any cases relating to the Prevention and Combating of Corrupt Activities Act, 2004 that have been referred to the SA Police Service or the Directorate for Priority Crime Investigation.

Ports Regulator of South Africa

(a) (bb) There are no cases that have been referred to SAPS nor Directorate for Priority Crime Investigation (DPCI) which have been instituted by the Ports Regulator since the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, was assented.

Cross-Border Road Transport Agency (CBRTA)

(a) (bb) The C-BRTA has reported six (6) corruption cases in terms of the Prevention and Combating of Corrupt Activities Act since the Act was assented to. The cases were reported as follows:

(i) Reported to SAPS: Six (6) cases were reported to the following:

SAPS Office	Nature	Case Number
Sinoville	Corruption	CAS 448/12/2013
Musina	Corruption	CAS 214/12/2015
Komatipoort	Corruption	CAS 26/07/2014
Brooklyn	Corruption	CAS 300/10/2016
Brooklyn	Corruption	CAS 775/04/2017
Brooklyn	Corruption	CAS 293/12/2017

(ii) The following three cases have been transferred to the Directorate of Priority Crime Investigation Unit (DPCI) where a project was registered which involves Fraud, Corruption relating to manufacturing of cross-border permits:

SAPS Office	Nature	Case Number
Brooklyn	Corruption	CAS 300/10/2016
Brooklyn	Corruption	CAS 775/04/2017
Brooklyn	Corruption	CAS 293/12/2017

(b) (i) Of the six (6) reported cases, three (3) have been investigated by SAPS while three cases are currently being investigated as a project by the DPCI.

(ii) The cases currently being investigated by the DPCI are being monitored through on-going engagements between official of the C-BRTA and DPCI.

(ii) Sinoville CAS 448/12/2013 was finalised in 2014 and the accused was convicted of Corruption in terms of the aforementioned act.

Road Accident Fund (RAF)

(a) The RAF through its Forensic Investigation Department (FID), refers all suspected criminal matters to the South African Police Service (SAPS) for investigation, and subsequent SAPS referral to the National Prosecuting Authority (NPA) for a decision to prosecute, or not, whether in terms of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended, another Act, or common-law offence. The FID referral to SAPS does not relate the matter back to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended, therefore the RAF keeps no records specific to referrals as contemplated in the question and is unable to respond to the remaining questions.

The RAF has various mechanisms in place to report criminal conduct and, or, misconduct. In addition to a Forensic Investigation Policy, the RAF has an Ethics Policy which provides for disclosures in terms of the Protected Disclosures Act, No. 26 of 2000. The FID is in charge of the Fraud Tip-off Line, through which criminal conduct and corruption can be confidentially reported. A duty is placed on employees, in several policies, to report suspicious activities to the FID, or anonymously through the Fraud Tip-off Line. FID statistics for the period 2012 to 2017 bears witness to the extent that fraud is experienced and managed by the organization and demonstrates the RAF’s commitment to combat fraud and corruption (refer to the table below):

FID statistics (fraud and theft)	2011/2012	2012/2013	2013/2014	2014/2015	2015/2016	2016/2017
Number of referrals to SAPS	1255	348	20	13	813	423
Number of arrests	502	290	478	325	391	88
Number of convictions	244	234	589	651	260	82

Road Traffic Infringement Agency (RTIA)

(a) (i) SA Police Service (SAPS)

None

(ii)_Directorate for Priority Crime Investigation (DPCI)

None

(b) (i) (ii) and (iii) Not applicable

Road Traffic Management Corporation (RTMC)

(a) (i) None

(ii) There are currently 5 cases reported in terms of the Prevention and Combating of Corrupt Activities Act, as amended.

(b) (i) 5 cases have been investigated by DPCI

(ii) The RTMC have been following up on these cases.

(iii) 3 have already appeared in Court and the other 2 cases are still under investigation by SAPS/DPCI.

South African National Roads Agency Limited (SANRAL)

(a) (i) There are 19 cases relating to the Prevention and Combating of Corrupt Activities Act that have been referred to the SA Police Service (SAPS) since 2004.

(ii) There was one case relating to the Prevention and Combating of Corrupt Activities Act that has been referred to the Directorate for Priority Crime Investigation (DPCI) since 2004.

(b) (i) SANRAL expects that all 19 cases reported have been investigated by SAPS, (ii) all the reported cases have been followed up by the accounting officer and (iii) To SANRAL’s knowledge only one case led to a successful conviction.

South African Maritime Safety Authority (SAMSA)

SAMSA does not have any cases relating to the Prevention and Combating of Corrupt Activities Act, 2004 that have been referred to the SA Police Service or the Directorate for Priority Crime Investigation.

Railway Safety Regulator (RSR)

(a) (i) None

(ii) None

(b) (i) Not applicable

(ii) Not applicable

(iii) Not applicable

Passenger Rail Agency of South Africa (PRASA)

(a) (i) None

(ii) 42 reports were made to the Directorate for Priority Crime and Investigation (“the DPCI”) by the investigators appointed by the Board of PRASA in 2016

(b) (i), (ii) and (iii)

Of the 42 reports, the DPCI has indicated that it will prioritise two, namely, the reports relating to the awards made by PRASA to Swifambo Rail Holdings (Pty) Ltd and Siyangena Technologies (Pty) Ltd. The accounting authority of PRASA decided to launch an application against DPCI and the National Prosecuting Authority essentially asking the court to direct these institutions to conduct an effective investigation of these two matters that the DPCI indicated will be prioritised.