EX-COP AND CLAIMANT SENTENCED TO 15 YEARS FOR ATTEMPTED R5.4 MILLION RAF FRAUD

02 October 2025

EX-COP AND CLAIMANT SENTENCED TO 15 YEARS FOR ATTEMPTED R5.4 MILLION RAF FRAUD

East London, Eastern Cape - The East London Commercial Crimes Court sentenced a motorist, Xolani Somtsewu (47) and former police sergeant Mandlenkosi Njekanye (52) to an effective 15-year direct imprisonment each for their central roles in a failed attempt to defraud the Road Accident Fund (RAF) of R5.4 million.

Somtsewu, the claimant in the matter, lodged a fraudulent claim with the RAF following a motor vehicle accident that occurred on 31 December 2020 on the N2 Highway near Komga. In his claim, he stated that he had been driving a Nissan NP300 when he lost control of the vehicle and overturned, allegedly while trying to avoid an oncoming car. The crash resulted in the tragic death of a passenger, Siyabulela Matshaya, and Somtsewu claimed to have sustained multiple injuries. At the time, Njekanye was stationed at Komga Police Station and was the investigating officer in the culpable homicide case. Instead of upholding his duties, Njekanye orchestrated the manipulation of official police records to support Somtsewu’s fraudulent version of events.

Evidence presented in court showed that the original accident report compiled at the scene by another officer concluded that a tyre burst caused the accident. Months later, Njekanye summoned the same officer, this time in the presence of Somtsewu, and instructed him to alter the report to reflect a different scenario, one that would bolster the RAF's claim. To further support the falsified claim, a third officer, who was not even stationed at Komga at the time of the accident, falsely claimed to have inspected the new accident report on the day of the incident. The court found that these actions were part of a deliberate and coordinated effort, led by Somtsewu and Njekanye, to defraud a public institution. RAF investigators uncovered inconsistencies in the documentation before any payment was made, and the claim was repudiated. Both accused pleaded not guilty and simply denied the allegations.

State Advocate Mbokazi Radebe led four witnesses, including the two SAPS members who were initially charged alongside the accused but later turned state witnesses. For sentencing, the prosecution submitted that the gravity of the offence, particularly the involvement of law enforcement officers in orchestrating and enabling the fraud, warranted a lengthy term of imprisonment. In delivering the sentence, the court emphasised the breach of public trust and the abuse of police powers by Njekanye, as well as the premeditated nature of the crime. It held that the fraud, had it not been uncovered, would have resulted in a massive financial loss to the RAF and, by extension, the South African public.

The duo was convicted to 15 years for fraud and six years for obstructing the ends of justice, ordered to run concurrently. They were further declared unfit to possess a firearm. Welcoming the sentence, Eastern Cape Director of Public Prosecutions, Mr Barry Madolo, stated: "This sentence sends a strong message that corruption, particularly when committed by those entrusted with upholding the law, will not be tolerated. The RAF is meant to protect the most vulnerable road users. When individuals collude to exploit that system for personal gain, they rob all South Africans. We commend the work of our prosecutors, investigators, and the court in bringing justice in this matter."

Issued by:

Luxolo Tyali

NPA Regional Spokesperson

Eastern Cape Division

Tel: 047 501 2630

Cell: 073 555 9292

Email: ltyali@npa.gov.za