NPA WELCOMES CONVICTION OF UPINGTON TRAFFIC OFFICERS FOR CORRUPTION

Upington, Northern Cape – The National Prosecuting Authority (NPA) in the Northern Cape welcomes the conviction of two municipal traffic officers who were found guilty of corruption by the Specialised Commercial Crime Court (SCCC) in Upington.

Robert Khupe (50) and Arthur Tywili (43), both employed as traffic officers by the Dawid Kruiper Municipality, were convicted following a trial in which the State presented evidence relating to two separate incidents involving demands for money and other benefits from motorists in exchange for not performing their official duties.

Khupe was convicted on two counts of corruption by a public officer for accepting a benefit, while Tywili was convicted on one count of corruption by a public officer for accepting a benefit.

The charges stem from incidents that occurred in February 2023 while the accused were conducting traffic law enforcement duties in Upington.

In relation to the first count, the court heard that on 15 February 2023, Khupe stopped Complainant 1, who was driving his employer's truck, after allegedly detecting that he was travelling at 60 km/h in a 40 km/h zone. Khupe also identified defective trailer lights and requested the driver's licence and identity document of the complainant.

The court heard that the prescribed fine for the alleged traffic offences amounted to R1 125. When Complainant 1 indicated that he was uncertain how to proceed, Khupe allegedly demanded R200 in cash, indicating that the matter would then "go away". Complainant 1 contacted his employer, who refused to pay the money and instructed him to request that a traffic fine be issued instead.

Evidence further revealed that Khupe retained Complainant 1's driver's licence and identity document and did not issue a fine or summons.

The following day, Complainant 1 and his employer reported the incident to the Directorate for Priority Crime Investigation (DPCI), commonly known as the Hawks. An authorised entrapment operation was subsequently conducted on 17 February 2023.

During the operation, Complainant 1 contacted Khupe and informed him that he had the R200 that had allegedly been requested. The court heard that Khupe directed him to meet him in Schröder Street, where he was conducting a speed trap operation with Tywili.

Complainant 1 handed the marked R200 cash to Khupe, who in turn returned his driver's licence and identity document. Members of the Hawks immediately intervened and arrested Khupe.

The second count related to an incident that occurred earlier on the same day involving Complainant 2, who had been stopped while driving his employer's vehicle. The court heard that Tywili informed Khupe that Complainant 2 had exceeded the speed limit.

Khupe requested Complainant 2's driver's licence and allegedly demanded R600 in cash in lieu of issuing a fine. He further requested two burgers for himself and Tywili. The court heard that Tywili indicated that two burgers would not be sufficient and suggested that Complainant 2 obtain four burgers because they were hungry.

Complainant 2 expressed concern that this was not the correct legal process. He subsequently left to obtain the money and four burgers while his driver's licence remained in the possession of the traffic officers. When he returned, the accused were no longer at the location.

Complainant 2 then proceeded to the local traffic office, where he learnt that Khupe had been arrested by the Hawks. The court heard that Tywili nevertheless still requested his share of the money and the burgers, but Complainant 2 refused.

The State, led by Prosecutor Rene Enrico du Plessis, presented evidence from both complainants, Complainant 1's employer, Mr Klue, and Hawks investigator Warrant Officer Visser.

During the trial, the defence challenged the admissibility of evidence obtained through the entrapment operation. A trial-within-a-trial was conducted, after which the court ruled that the evidence was lawfully obtained and admissible.

Khupe testified in his defence, denying that he had solicited gratification from Complainant 1 and claiming that the R200 was voluntarily given to him as a token of appreciation for not issuing a fine. He also disputed aspects of Complainant 2's testimony. Tywili elected not to testify and did not call any witnesses in his defence.

In delivering judgment on 17 September 2026, the court found the State witnesses to be credible, reliable and consistent in their accounts of the events. The court held that their evidence established the involvement of both accused in the commission of the offences.

The court rejected Khupe's version as false beyond reasonable doubt, finding that it was not corroborated by any evidence and was contradicted by the State's case. In relation to Tywili, the court held that the uncontested evidence demonstrated that he associated himself with the unlawful conduct and stood to benefit from it.

Advancing the State's case, Prosecutor du Plessis argued that the State witnesses provided coherent, chronological and reliable accounts of the incidents and had no reason to falsely implicate the accused.

The court subsequently convicted Khupe on both counts of corruption by a public officer for accepting a benefit, while Tywili was convicted on the second count of corruption by a public officer for accepting a benefit.

Following the convictions, the legal representatives of both accused requested that correctional supervision and probation officers' reports be obtained for consideration during sentencing proceedings. The court granted the request and postponed the matter to 02 December 2026 for sentencing.

The NPA reiterates that public officials are entrusted with significant responsibilities and are expected to execute their duties lawfully, ethically, and in the public interest. Corruption by law enforcement officials erodes public confidence in the institutions responsible for upholding the rule of law and undermines efforts to ensure accountability and good governance.

The NPA remains committed to prosecuting corruption in all its forms and will continue to work with law enforcement agencies to ensure that those who abuse positions of trust for personal gain are held accountable.

Issued by:

 Mojalefa Senokoatsane

 NPA Regional Spokesperson

 Northern Cape Division