Former top cop Khomotso Phahlane. (Gallo)
The state is primed for trial in the prosecution of two axed police officers, who are accused of using an allegedly corrupt R2-million Covid-19-related contract to pay the legal fees in their R191-million fraud case involving a former top cop, Khomotso Phahlane.
One of the officers, Brigadier James Ramanjalum, is linked to the newly-appointed Investigating Directorate head, Andrea Johnson, through what sources have termed “suspicious calls” between the two shortly after Ramanjalum was arrested in June 2020 and investigators could not locate his personal cell phone. The June 2020 matter was removed from the court roll last year.
The National Prosecuting Authority (NPA) has confirmed that Johnson had faced an investigation into her links to Ramanjalum because the Investigating Directorate, a unit of the NPA, was leading the prosecutions against him. The NPA has not released details of that investigation.
Ramanjalum, who was the police service’s national supply-chain management head, and Lieutenant General Ramahlapi, who preceded Ramanjalum in the supply-chain post, are about to stand trial in a R191-million fraud and corruption case, which involves Phahlane, for alleged illegality in a 2016 contract to fit 1 550 Gauteng police vehicles with sirens, radio, blue lights and other equipment.
They were arrested in 2018 alongside several other senior officers, including Phahlane and General Deliwe de Lange, the former Gauteng commissioner.
In the current matter, in which they made their court appearance on Tuesday alongside 13 other accused, Ramanjalum and Mokwena allegedly fraudulently gave medical supply contracts to a construction and motor vehicle repair company, Siyanqoba Trading and Projects.
The alleged fraud related to the police’s purchase of personal protective equipment that included a million latex gloves, and was valued at just under R2-million.
The proceeds of that contract were allegedly used to fund the legal fees of Ramanjalum and Mokwena in their R191-million matter.
Portions of the money was allegedly paid to law firm Muthray and Associates, which represented the alleged crooked cops.
At the Johannesburg specialised commercial crimes court, prosecutor Richard Chabalala, said the state had provided electronic copies of the case docket to the legal representatives of the 15 accused people, as well as the six companies used in the alleged fraud.
Chabalala asked for a postponement of the matter until July to allow the defence attorneys to consult their clients after receiving the case docket.
“I need to place on record that the date of 19 July 2022 [for the next appearance] was not suggested by me, but by some of the legal representatives of the accused,” Chabalala said, indicating that the state was ready to proceed.
The state alleges that businessman Kishene Chetty, who owned the six companies that committed the alleged fraud, used fronts for his firms, including Salamina Khoza, who survives on state grants and lives in a government-issued low-cost house, to gain lucrative police contracts.
The contract was given to Siyanqoba Trading and Projects, which the state said was owned by Chetty, with Khoza being “involved” in the opening of the company bank account.
The state further alleges that Siyanqoba, through Chetty and Khoza, lied in its written quotation that its principal business was the supply of medical equipment and related supplies, and submitted a fraudulent Broad Based Black Economic Empowerment certificate.
“During the period between 25 May and 25 of June 2020 a total amount of R270 000 was paid to the firm of attorneys [Muthray] … by [Chetty] and/or [Khoza] and/or Siyanqoba,” reads the charge sheet.
It said Siyanqoba was listed on the treasury’s central supplier database (CSD) as a company specialising in “construction activities, wholesale [and] repair of motor vehicles and motorcycles”.
“Siyangoba was not registered as a supplier of PPE [personal protective equipment] on the CSD,” reads the charge sheet.
The state claims that Chetty and Khoza “misrepresented” that Siyanqoba’s primary residence was Khoza’s RDP house in Soshanguve, a township in Tshwane, Gauteng.
The Mail & Guardian visited Khoza’s house last year, and observed an unplastered home on an untarred street.
The state alleges that “Siyangoba was not a manufacturer of PPE or latex gloves and would have to source same from a manufacturer or a company that supplied latex gloves. It was a legal requirement that if a supplier was not the actual manufacturer and would be sourcing the product(s) from another company[or] person, a letter from that company or supplier confirming firm supply arrangement was required to accompany the written price quotation submitted by the invited supplier.
“It was further required that the letter was to also indicate that all financial arrangements with regard to payment between the supplier or agent and the company have been finalised and the terms and conditions mutually agreed upon. Failure to submit the letter would invalidate the written price quotation submitted.”
All defence attorneys acknowledged receipt of the docket, and Chabalala said he would furnish the defence with his final indictment before 15 May.
The case resumes in July.
[/membership]