Drug dealer and ex-wife sentenced and fined millions of Rands for their drug dealing and money laundering

23 January 2024

DRUG DEALER AND EX-WIFE SENTENCED AND FINED MILLIONS OF RANDS FOR THEIR DRUG DEALING AND MONEY LAUNDERING

The High Court of South Africa: Western Cape Division has sentenced drug dealer and kingpin, Fadwaan Murphy, to an effective 18-year imprisonment and fined him R2m after the State successfully argued that his drug dealing came from his greed for money and power and that his actions destroyed communities and people living among them. It also sentenced his ex-wife, Shafieka Murphy, to 15 years imprisonment.

The court further ordered the registrar of the court to issue a warrant addressed to the Sherrif of the court, authorizing and directing him to recover the amount of the fine, plus an additional amount sufficient to cover the costs and expenses of the warrant, attachment, and sale in execution, by the attachment and sale of any movable property belonging to his company, Ulterior Trading Solutions CC. It further ordered if the proceeds of the sale of the movable property of Ulterior Trading Solutions CC are insufficient to cover the amount of the fine and the aforesaid costs and expenses, the registrar is authorized, on receipt of a return from the Sherrif stating that the proceeds are insufficient, to issue a warrant for the recovery on the unpaid amount from the immovable property of Ulterior Trading Solutions CC.

Last year the court convicted (Fadwaan) Murphy, 51, on a count of managing an enterprise conducted through a pattern of racketeering activity, a count of conducting or participating in the conduct of an enterprise through a pattern of racketeering activity, a count of receiving or retaining property derive from or through a pattern of racketing activity, 139 counts of attempt to deal in drugs, a count of dealing in drugs, 73 counts of money laundering,  It convicted his ex-wife, (Shafieka) Murphy, 57, on a count of managing an enterprise conducted through a pattern of racketeering activity, a count of conducting or participating in the conduct of an enterprise through a pattern racketeering activity, a count of receiving or retaining property derive from or through a pattern of racketing activity, 139 counts of attempt to deal in drugs, a count of dealing in drugs, 25 counts of money laundering. His company, Ulterior 

Trading Solutions (CC), which the State argued was used as a front to conceal his drug dealing and launder ill-gotten proceeds of drug dealing, was convicted on a count of receiving or retaining property derived from or through a pattern of racketing activity, 112 counts of attempt to deal in drugs, a count of dealing in drugs, 72 counts of money laundering. The company’s bank accounts were also used to purchase properties in Strand, a five-bedroom house with two swimming pools in Parklands and another one in Worcester.

Arguing for maximum penalty on all charges faced by the accused, Senior State Adv Aradhana Heeramun, said they conducted their unlawful activity as if they were conducting a legitimate business with a blatant disregard for the law. She argued that their sole aim was to enrich themselves financially. They profited and enriched themselves, but at what cost? Their greed for power came at an extremely high price, the destruction of communities and the lives of people living among them. 

They interfered with state witnesses while the trial was ongoing which demonstrated their blatant disregard for the rule of law, the courts, and the criminal justice system. This demonstrated the extent they would go to, to avoid prosecution. Their conduct was reprehensible and egregious and warranted no excuses or mercy. The intention of the legislature in enacting the Drugs and Drug Trafficking Act, POCA and minimum sentence legislation must be considered. The penalties contained within the respective pieces of legislation are aimed at addressing the crime. In short, the punishment must fit the crime. POCA specifically is aimed at addressing organised crime and hence those penalties were included to fit the crime. The State seeks the maximum penalty on all charges.

Driving her point home, Adv Heeramun, called Detective Colonel Johan Smit with 34 years’ experience in the investigation of drug-related cases who revealed that the Western Cape Province had the highest rate of drug-related crime in the country. It contributed more than a third of the country’s drug-related crime. Drug-related crimes in the province were mainly prevalent in precincts notorious for gang-related activities and violence. It was for this reason it was seen as the drug haven of South Africa.

The court agreed with the strong arguments advanced by the State and sentenced the accused. accused immediately applied for leave to appeal and their case was postponed to 29 January 2024 for arguments. 

Western Cape Director of Public Prosecutions Adv Nicolette Bell applauded the investigating and prosecution team for their tenacity in piecing together the case despite the challenges they faced and their resolve during the marathon trial of five years.

Note: The NPA’s media statements are available on the website: www.npa.gov.za

Issued by:
Eric Ntabazalila
National Prosecuting Authority
Regional Communications Manager
Western Cape
Tel: (021) 487 7308Mobile: 073 062 1222
Email: entabazalila@npa.gov.za