Former Police officers and clerk convicted for corruption and defeating the administration of Justice

FORMER POLICE OFFICERS AND CLERK CONVICTED FOR CORRUPTION AND DEFEATING THE ADMINISTRATION OF JUSTICE

The Bellville Commercial Crimes’ Court has convicted two former police officers and a clerk at Harare Police Station, Khayelitsha, after convicting them on corruption and two counts of defeating the administration of justice. This is after former Sergeant Siyabulela Patric Klaas (48) former Sergeant Mzimasi Soji, 45, and 57-year-old clerk, Phumelele Victor Solani accepted a R700 bribe to release from custody a wife and husband who were charged with illegal possession of a generator and attempting to manipulate the SAPS Administrative Systems so that the wife did not have to appear in court.

The state alleged that police received information about a yellow generator that was at a shop at B775A Site C, Khayelitsha. On 26 October 2016, Captain Mncamca found the generator at the address and arrested Mzoxolo Sigwela and Siyabonga Thabatha. Captain Mncamca later arrested Hlombekazi Lunga Fani when she arrived at the Khayelitsha Police Station. Sigwela and Fani are spouses and lived at the address where the generator was found. They were staying with Mzoxolo Sigwela’s mother, Ntombizini Princess Sigwela.

On the same day, Siyanda Kubalo went to the police station to support Sigwela, Thabatha and Fani. Klaas told Kubalo that Fani was crying and that they could ‘make a plan’ to release the three (Sigwela, Thabatha and Fani) if they paid R600 and each of the accused would get R200. Fani was released after signing a blank page purported to be a statement. Soji filled in the rest of the blank page stating under oath that Fani was in the Eastern Cape on 26 October 2016, and later returned to Cape Town. Fani and Kubalo visited Sigwela’s mother to fetch R 700, and that evening they met with all the accused at the end of Bonga Drive, Khayelitsha.

The accused were in a marked police vehicle. After Fani and Kubalo entered the vehicle, Solani assured Fani that she did not need to go to court the next day as he ‘will do something on the system so that Fani does not have to go to court.’ He also told them that they were not able to release Sigwela and Thabatha. Fani handed the money to Klaas while they were in the police vehicle. The next she went to Khayelitsha Magistrates’ Court to support her husband only to be told that she must appear, and she appeared as accused three on a charge of possession of stolen property and contravention of section 36 of Act 62 of 1955. Sigwela and Thabatha were granted R500 bail each, and Fani was released on a warning and their case was postponed to 25 November 2016, for further investigation.

On 28 October 2016, Klaas visited their house to apologise and asked Sigwela to ask his wife, Fani, to withdraw the criminal case she had opened against them. Later investigation revealed that Klaas never filed in the police docket the statement purported to have been drafted by Fani. The statement and docket were found in Soji’s locker. The accused were remanded in custody following their conviction and their case has been postponed until 08 March 2024 for arguments and sentence. The state welcomes the conviction of the former police officers and the clerk as it believes corrupt officials have no place working for the state where they are expected to provide services without taking bribes.

Kind regards,

Eric Ntabazalila

Regional Communications Manager
Western Cape
Tel: (021) 487 7308Mobile: 073 062 122
Email: entabazalila@npa.gov.za