STATE SEEKS DIRECT IMPRISONMENT AFTER FORMER INTELLIGENCE OFFICER’S FRAUD CONVICTION
03 FEBRUARY 2026
STATE SEEKS DIRECT IMPRISONMENT AFTER FORMER INTELLIGENCE OFFICER’S FRAUD CONVICTION
Bellville, South Africa; The State will ask the court to impose direct imprisonment when it argues its case against former police officer, Paul Scheepers, following his conviction on fraud, contraventions of the PSIRA legislation, contravention of the RICA legislation and money laundering. The court convicted Scheepers on fraud for failure to disclose police employment while providing surveillance services to Nutri Pharma Solutions, Intaka Tech, and others, infringing attorney-client privilege, acting as a private investigator/security provider without registration under the Private Security Industry Regulation Act (first conviction under PSIRA), possession of a cell phone grabber/locator without ministerial exemption (first conviction for possession of listed equipment under the Regulation of Interception of Communications Act (RICA) and use of multiple accounts to conceal R5, 59million in proceeds of unlawful activities.
The State alleged that since 2003, the accused conducted work for his own business, Eagle Eye Solutions, as a Private Investigator, without being registered with PSIRA and without authorisation from the South African Police Services (SAPS) to conduct private work whilst employed as a police official and later a captain in the intelligence section of the Police. When he applied to conduct private work while employed as a Crime Intelligence Officer, he stated that the type of business that he conducts is ‘audio restoration, cellphone forensics, building of tracking units and service and sales of software in respect of cellphones. The applications for private work were not approved due to a conflict of interest.
Counts 1 to 19 which the court quashed before resumption of the trial, dealt with obtaining section 205 subpoenas for cellphone records of suspects involved in ATM bombings, hijackings and armed robberies, however the cellphone numbers requested were that of Adv Francois van Ziyl, George van Niekerk, Willem van der Colf, Barend Bredenkamp and other high ranking police officials, who were not involved in any of the alleged crimes. In his application to quash the charges and in his application for further and better particulars, the accused alleged that these investigations related to official police work and that there were files supporting these allegations. The court at that stage, however, quashed Counts 1 to 19 as the State could not provide the files to the defence, which files the State maintained did not exist.
Count 21, a count of fraud, dealt with misrepresentation, not disclosing to Van Ziyl, Van Niekerk and Van der Colf that he was employed in the SAPS Crime Intelligence unit while he did work for Nutripharma Solutions, Intaka Tech and Rodrigo Savoi. By working with them, he had access to legal professional privileged consultations and information. In his application to quash this charge in the High Court, he alleged that all the charges related to official police investigations. This was not true. The court convicted him on this charge.
Count 22, dealt with contravention of Section 20(1)(a) of PSIRA, that during 2003 to 2015, the accused rendered security services for remuneration, acted as a private investigator, and acted as a security services provider without being registered with PSIRA. The accused was convicted on this count. Count 23, dealt with the contravention of Section 45(1) of the RICA that the accused, during 2009 to 2010, purchased, possessed and sold listed equipment, a FTS IMSI Grabber, which can determine and monitor the geographical location of a person, vehicle or object, without being exempted by the Minister. The accused was convicted of this count. Count 26 dealt with contraventions of the Prevention of Organised Crime Act, Money Laundering, in that the income the accused received while conducting his private business was illicit income. The court convicted him of money laundering charges.
This case, which Senior State Advocate Thersia du Toit successfully prosecuted, is notable for producing South Africa’s first convictions under PSIRA and RICA for these offences. The State charged the accused with 26 counts and alternatives to Counts 1 to 20 and Count 26. The charges included the contravention of the Private Security Industry Regulation Act (PSIRA), Act Nr. 56/2001 and having a grabber.
The case experienced challenges as it began, which Adv Du Toit successfully opposed. On 13 October 2015, the accused brought an application in the High Court of South Africa, Western Cape Division asking the court to declare the search warrant issued on 07 May 2015 invalid and for the State to return all the items seized in the search and preclude the State from using any documents, information or items seized in the search as evidence in any legal proceedings. This application was unsuccessful. On 22 February 2018, he brought an application for the permanent stay of prosecution before the Specialised Commercial Crime Court. The application was also the order that the costs of the application be paid jointly and severally by the respondents who oppose the application, to grant the accused further and/or alternative relief. He later withdrew the application.
Before the resumption of the trial commenced, the accused brought an application for the recusal of Magistrate Sonnenberg at the Bellville Specialised Commercial Crimes Court. He was successful in that application. O, the accused brought n 08 June 2020, the accused brought an application for further particulars, and the State responded to the request on 26 June 2020. On 14 July 2020, the accused brought an application for further and better particulars, and four days later, the State responded to the request. The accused made a further request to declassify classified documents and information, which he alleged is available to support his defence in relation to the charges. Police informed the accused that classified information can only be declassified if the accused provides particulars as to what information he wanted declassified. The State maintained that there was no information/ files, or documents to be declassified as they did not exist. He abandoned the request.
The accused was informed that he could testify about the factual matrix he alleged existed relating to each count. He was advised that the court would be in camera as provided for in terms of the Criminal Procedure Act and the Intelligence Act and would not be prosecuted for contravening sections of the Police Services Act and the Intelligence Act. On 27 July 2021, the accused brought another application for further and better particulars. The trial commenced on 25 July 2022. At the end of the trial, the accused brought a Section 174 application, which Adv Du Toit successfully opposed after arguing that there was sufficient evidence on which the court could convict. The accused closed his case without testifying.
Western Cape Director of Public Prosecutions, Adv Nicolette Bell, applauded the investigation and prosecution for securing the convictions in a complicated case, which underscores the importance of integrity and compliance within law enforcement. The misuse of police authority, unauthorised private security operations, and unlawful possession of surveillance technology pose serious risks to public trust and national security. These convictions reaffirm our commitment to upholding the rule of law and ensuring accountability among officials entrusted with sensitive intelligence responsibilities.
Issued by:
Eric Ntabazalila
National Prosecuting Authority
Regional Communications Manager
Western Cape
Tel: (021) 487 7308
Mobile: 073 062 1222