‘Captain KGB’ Tshabalala denied bail

The Commercial Crimes Court in Tshwane has denied bail for Crime Intelligence officer Morris “Captain KGB” Tshabalala, finding that he may be a threat to state security and that there was no evidence that he would adhere to bail conditions.

Magistrate Nicola Setshoege on Friday dismissed Tshabalala’s bail application, finding that he had failed to prove that it would be in the interests of justice to release him.

Setshoege stated that there was no evidence to prove that he would not interfere with witnesses or that he would comply with bail conditions.

Setshoege said the fact that “Captain KGB” had failed to report to serve a prison sentence, after his appeal against an armed robbery conviction was dismissed in 1994, was proof of this.

While evading a prison sentence for more than 15 years, Tshabalala joined the South African Police Service (SAPS) and obviously failed to disclose his previous conviction, the magistrate added.

“There cannot be any guarantee that any bail condition can be effectively monitored.”

Tshabalala claims he did not knowingly or intentionally evade his 10-year prison sentence and added that his legal representatives at the time told him his appeal was successful.

Tshabalala’s attorney Mpesi Makhanya said Tshabalala was ill-informed about his appeal and that a warrant of arrest was only served on him in 2013.

According to the Independent Police Investigative Directorate (IPID), Tshabalala never reported for his prison sentence and went on the run. He then joined the police, working for Crime Intelligence until he was re-arrested in 2013.

Prosecutor Chris Smith found Tshabalala’s appeal records, which showed that his appeal against the conviction and sentence indeed failed and that an application for leave to appeal in 2014, while serving his sentence, had also been dismissed.

Smith argued Tshabalala’s claim that he had been ill-informed about his appeal was a bare one and that he had made no effort to provide the name of the secretary, the instructing attorney, or the affidavits from the two testifying to his claim.

According to the State, after Tshabalala was re-arrested in 2013, he was then dismissed from the police and spent two and a half years in prison while allegedly still receiving a salary from Crime Intelligence.

After bail was refused, Tshabalala was taken out of the court, where he assaulted a News24 journalist by grabbing his arm as he attempted to take a photograph of him.

Tshabalala has been charged with fraud, theft and corruption, which relates to alleged fraudulent invoices to the tune of R563 005, sourced for blinds and curtains for safe houses in Pretoria.

The invoices were submitted by “Captain KGB” and authorised by a major general, and the sum was paid out in cash.

IPID alleges that Tshabalala sourced a quote from Umwezo Wethu Promotions CC for R270 000, but requested R478 900 to be paid to him from the Crime Intelligence secret service account.

He allegedly pocketed R208 900, and then received an additional R50 000 as a kickback from Umwezo Wethu Promotions.

In another transaction, he allegedly requested R85 105 from Crime Intelligence, but only paid the same company R39 500, pocketing R45 605.

The case has been postponed to March 22 for further investigation. – News24

PW Botha wagged his finger and banned us in 1988 but we stood firm. We built a reputation for fearless journalism, then, and now. Through these last 35 years, the Mail & Guardian has always been on the right side of history.

These days, we are on the trail of the merry band of corporates and politicians robbing South Africa of its own potential.

To help us ensure another 35 future years of fiercely independent journalism, please subscribe.

Alex Mitchley
Alex Mitchley
South African Journalist at News24
Advertisting

‘My biggest fear was getting the virus and dying in...

South African Wuhan evacuee speaks about his nine-week ordeal

Border walls don’t stop viruses, but a blanket amnesty might

Why South Africa should consider amnesty for undocumented migrants in the time of the coronavirus outbreak.

Mail & Guardian needs your help

Our job is to help give you the information we all need to participate in building this country, while holding those in power to account. But now the power to help us keep doing that is in your hands

Press Releases

The online value of executive education in a Covid-19 world

Executive education courses further develop the skills of leaders in the workplace

Sisa Ntshona urges everyone to stay home, and consider travelling later

Sisa Ntshona has urged everyone to limit their movements in line with government’s request

SAB Zenzele’s special AGM postponed until further notice

An arrangement has been announced for shareholders and retailers to receive a 77.5% cash payout

20th Edition of the National Teaching Awards

Teachers are seldom recognised but they are indispensable to the country's education system

Awards affirm the vital work that teachers do

Government is committed to empowering South Africa’s teachers with skills, knowledge and techniques for a changing world

SAB Zenzele special AGM rescheduled to March 25 2020

New voting arrangements are being made to safeguard the health of shareholders

Dimension Data launches Saturday School in PE

The Gauteng Saturday School has produced a number of success stories