(John McCann/M&G)
An accused in the trial of a new multimillion-rand cyber scam, which targets large companies such as Pam Golding Properties and law firm ENSafrica, has gone missing after she was expected to plead guilty.
Bukelwa Kwinana, who is the first accused in the intricate fraud case, which involved using spyware to clone email addresses to intercept property sales, did a disappearing act on Tuesday — moments after her lawyer told the court that the fraud accused would be entering a guilty plea.
The trial of Kwinana, Robert Asamoah and Thembani Maswanganyi was set down to start on Tuesday and Wednesday at the Johannesburg specialised commercial crimes court, sitting in Palm Ridge.
The trio face a combined 16 counts of fraud, forgery, uttering and the contravention of the Prevention of Organised Crime Act.
Judith Hawarden, who had R5.5-million intercepted after a property sale in August 2019 (R5-million of which was meant to go to Pam Golding and R500 000 to ENSafrica), was in court ready to testify as state advocate Neville Mogagabe’s main witness. Hawarden was purchasing a house in Forest Town, Johannesburg.
ENSafrica were the conveyancing attorneys that assisted in the property sale.
Kwinana, according to the charge sheet, changed her online banking file, known as a “cookie”, on her FNB bank account to duplicate that of ENSafrica, which was supposed to receive R5.5-million on 22 August 2019. The money landed in Kwinana’s account, the state has alleged.
“After receiving the said amount in her FNB account, the money so deposited in [Kwinana’s] account was then transferred to different accounts, and to an FNB account held in the name of Thembani Maswanganyi. The money was transferred by way of online banking by Asamoah,” reads the charge sheet.
“Furthermore, after receiving the funds in her account, Kwinana also withdrew large amounts of money on different occasions.
“When the complainant [Hawarden] contacted ENS’s attorneys to enquire if they received the full purchase price of R5.5-million, she was informed that ENS never received such deposits, and that the banking details that the complainant transferred the money to was not [ENSafrica’s] account.”
On Tuesday, Kwinana’s lawyer, Bulelani Mbeleni, told the court that he had drafted a plea for his client during an adjournment, but that Kwinana said she suddenly fell ill during the consultation.
“She [Kwinana] said she was going to the clinic. She said she would be back in 20 minutes, but she is not back,” Mbeleni said.
On Wednesday, Mbeleni told the court that he had repeatedly tried to call Kwinana on Tuesday evening, but her cellphone was off.
“I called her again [on Wednesday morning] in front of the prosecutor, but her cellphone was still off. [Kwinana] was aware of today’s date,” Mbeleni said, adding that his client had not given him any medical certificate to prove that she had gone to the clinic as claimed.
Magistrate Phillip Venter ordered that a warrant of arrest should be issued “with immediate effect” for the arrest of Kwinana before the next court date in November.
Maswanganyi has indicated to the court that he is going to plead guilty, and that his full confession would be submitted to the court in November at the next sitting.
This only leaves Asamoah, who has stated that he would plead not guilty as soon as the trial began.
Asamoah, who was refused bail and is still in custody, is also facing a charge of contravening the Immigration Act, because he is allegedly in the country illegally. is believed to be the mastermind behind the property cyber fraud, which is known as the “business email compromise” scam.
In June, Pam Golding said in a statement to the Mail & Guardian that the company was aware of the “unfortunate situation” during the sale of the Forest Town property.
(John McCann/M&G)
“In terms of the sale agreement, the balance of the purchase price [R5.5-million] was payable directly by the purchaser to the seller’s appointed conveyancers. We were advised that the conveyancers were investigating the matter after it became apparent that the balance of the purchase price payment made by the purchaser had not been received by them.”
However, ENSafrica spokesperson Ashleigh Faber denied knowledge of the crime, saying: “We are unaware of the criminal case and it is inappropriate for us to comment further.”
In a separate matter, which returns to the same Johannesburg court in November, Olutunji Abdul, a Nigerian national, and Siphosihle Sithole, face a R7.8-million matter in another business email compromise scam.
The two accused, who were both arrested and denied bail in November 2019, allegedly spoofed the email of DM5 law firm during a transaction it was handling on behalf of Polokwane-based Amohelang Holdings, which primarily provides student accommodation.
Captain Oscar Mopedi, who is involved in both of the cybercrime investigations, testified in 2019 during Abdul’s bail application that the scam and other cybercrime fraud targeting property sales were relatively new in South Africa.
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