Charge Sheet Bongiveli Oct 2020

IN THE COURT FOR THE REGIONAL DIVISION OF MBOMBELA,
HELD AT MBOMBELA
CASE NO:
In the matter between:
STATE
and
ROBERT BURWISE Accused 1
PATRICK DONALD CHIRWA Accused 2
HARRINGTON SIZWAKHENDABA DHLAMINI Accused 3
LITTLE RIVER TRADING 156 (PTY) LTD,
a company duly incorporated in terms of the Companies
Act No 61 of 1973, as represented in terms of Section
332(2) of Act 51 of 1977 by ROBERT BURWISE Accused 4
BROAD MARKET TRADING 204 (PTY) LTD Accused 5
a company duly incorporated in terms of the Companies
Act No 61 of 1973, as represented in terms of Section
332(2) of Act 51 of 1977 by Harrington S Dhlamini
BLESSING MDUDUZI SINGWANE Accused 6

2
DAVID BOY DUBE Accused 7
BONGANI THOMAS BONGO Accused 8
SIPHO JOEL BONGO Accused 9
VUSI WILLEM MAGAGULA Accused 10
BONGANI LOUIS HENRY SIBIYA Accused 11
BONGIVELI CC Accused 12
(a company duly incorporated in terms of the laws of the republic
and represented in terms of section 332 (1) of act 51 of 1977 by Vusi Willem Magagula)
ELMON LAWRENCE MDAKA Accused13
SIBONGILE MERCY MDAKA Accused 14
PFUKA AFRIKA CC Accused 15

(a company duly registered in terms of the laws of the republic
and represented in terms of section 332 (1) of act 51 of 1977 by Elmon Mdaka)
PROVISIONAL CHARGE SHEET FOR BAIL PURPOSE
GENERAL PREAMBLE
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WHEREAS at times relevant to the charges-
1 LIABILITY OF THE ACCUSED
1.1 All natural accused persons participated in the commission of
the offences set out in the charge sheet and are therefore
personally liable.
1.2 Accused 4 being a corporate body is liable for the commission
of the offences by virtue of the provisions of Section 332 of Act
51 of 1977 in that the acts or omissions of ACCUSED 1, 2 and 3 in
the exercise of their powers or in the performance of their duties
as directors or servants of ACCUSED NO 4, or in furthering or
endeavouring to further the interests of ACCUSED NO 4, are
attributable to ACCUSED NO 4.
51 of 1977 in that the acts or omissions of ACCUSED NO 2 and 3
in the exercise of their powers or in the performance of their
duties as directors or servants of ACCUSED NO 5, or in furthering
or endeavouring to further the interests of ACCUSED NO 5, are
51 of 1977 in that the acts or omissions of ACCUSED NO 10 and
11 in the exercise of their powers or in the performance of their

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51 of 1977 in that the acts or omissions of ACCUSED NO 13 and
14 in the exercise of their powers or in the performance of their
2 MPUMALANGA DEPARTMENT OF HUMAN SETTLEMENT [“DHS”]
2.1 Provincial department of human settlement was responsible for
creation of integrated human settlement within the province of
Mpumalanga. Accused 7 and 8 were officials in the
department of human settlement occupying positions as head
of department [“HOD”] and head of legal services,
respectively.
2.2 Acquisition of goods and services by department of human
settlement is regulated. Accused 7, in his official capacity set
out above, entered into contracts for purchase of portion 82
farm NAAUPOORT and RIETSPRUIT.
3 TOWNSHIP DEVELOPMENT
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3.1 Establishment of a Township is regulated in terms of ordinance
15 of 1986 (Town Planning and Township Ordinance) which set
out procedures that need to be adhered to before a Township
can be approved.
4 PURCHASE OF THE FARM NAAUPOORT
4.1 Owners of portion 82 of farm NAAUPOORT were PETRUS
JOHANNES van TONDER Sr and PETRUS JOHANNES van TONDER
Jr.
4.2 During 2008 Van TONDER Jr appointed Pam Golding, Witbank
as exclusive agents to market the sale of the farm NAAUPOORT.
The selling price for the farm was an amount of R15 million and
Pam Golding was entitled to R1, 5 million as a commission.
Accused 1 was introduced to Van TONDER Jr by a Pam Golding
official as a potential purchaser of the farm.
4.3 Accused 1 offered to purchase farm NAAUPOORT through
Accused 4 for R16, 5 million, inclusive of commission payable to
Pam Golding.
5.1 Accused 1, 2 and 3 are Directors of PACIFIC BREEZE TRADING
474 (PTY) LTD which paid an amount of R2 500 000 to Van

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TONDER Jr as part payment for the purchase of the farm
NAAUPOORT.
5.2 Although not being the subject of the charges against the
Accused, the flow of funds between DHS, SINGWANE Attorneys
and PACIFIC BREEZE is relevant purposes of setting out the
modus operandi of the Accused.
5.2.2 On 16 July 2010 department of human settlement
paid an amount of R26 590 000 into the trust account
of SINGWANE Attorneys.
5.2.3 On 21 July 2010 SINGWANE paid R4 165 000.00 to
PACIFIC BREEZE. On 25 August 2010 SINGWANE paid
R15 743 491.98 to PACIFIC BREEZE which effectively
received R19 908 491.98 of the R26 590 000.00 paid
to SINGWANE Attorneys by department of human
settlement.
6.1 A tripartite deed of sale agreement for portion 82 farm
NAAUPOORT provides that the purchase price for the farm is
R37, 500 000.
6.2 This amount was paid by the DHS through SINGWANE Attorneys
as set out further hereunder.
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7.1 Accused 1 presented to JOHN MNGUNI and THEMBA
MAHLANGU that he is the new owner of farm NAAUPOORT and
as such and in his capacity as Director of LITTLE RIVER entered
into a lease of business premises agreement with BABUSISEKILE
BUSINESS ENTERPRISE CC represented by JOHN MNGUNI.
7.2 The lease commenced on 01 December 2010 to endure until 30
November 2015. The rental amount for the first twelve months
was R20 000 00 with an escalation rate of 10% for each
succeeding twelve months thereafter.
7.3 During the period January 2011 to June 2013 the lessee paid a
total amount of R735 000.00 as follows:
7.4.1 R285 000.00 to LITTLE TRADING (03 January 2011 to 03
January 2012).
7.4.2 R450 000.00 to BROAD MARKET TRADING (03 February
2012 to 29 June 2013).
8.1 On 23 December 2010 portion 82 of the farm NAAUPOORT was
registered in the name of Emalahleni Local Municipality. On the same
date the DHS transferred R37 500 000.00 into the trust account of
SINGWANE Attorneys.
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8.2 SINGWANE paid LITTLE RIVER R22 500 000.00 and R15 000 000 to P J van
TONDER Jr. Van TONDER paid Pam Golding R1 500 000.
9.1 After DHS had already paid R37 500 000 set out infra departmental BAC
made a recommendation to DUBE for the purchase of portion 82 of
farm NAAUPOORT.
9.2 SINGWANE submitted an income and expenditure statement to DHS in
which he presented that the entire amount of R37 500 000.00 was paid
over to Van TONDER Jr.
9.3 The amount of R22 500 000.00 LITTLE RIVER received from DHS was
distributed as follows:
9.3.1 R3 775 000 to Accused 2.
9.3.2 R5 143 000.00 to Accused 3.
9.3.3 R1 200 000.00 to SIZWANGENDABA INVESTMENTS (PTY) LTD. Accused 2
and Accused 3 are directors of this company.
9.3.4 R500 000 to SINGWANE Attorneys and a further amount of R82 244.38.
9.3.5 R6 810 000.00 to IMPACT PLUS TRADING 16 CC. Accused 2 and 3 are the
only two members of this close corporation.
9.3.6 R3 330 788.81 to TROPICAL PARADISE 663 (PTY) LTD. Accused 1 and 3
were Directors during the relevant period.
9.3.7 An amount of R880 000.00 to Accused 1.

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9.4 In March 2011 Accused 9 purchased a BMW X5 valued at R1 384 527.50.
Part payment of the purchase amount for the BMW X5 was made
through inter alia two payments of R300 000 each made by SINGWANE
Attorneys as follows:
 R300 000.00 on 15 March 2011
 R300 000.00 on 25 May 2011
9.5 During March 2011 Accused 9 purchased an AUDI A5 RS5 model valued
at R965 769.24. On 14 April 2011 an amount of R300 000.00 was paid as
part payment for the vehicle into the dealership by SINGWANE
Attorneys.
10. AND WHEREAS SINGWANE submitted an invoice to the DHS in which he
claimed an amount of R667 000 for services rendered in the purchase of
farm NAAUPOORT which DHS paid, SINGWANE submitted another
invoice to the DHS for payment of an amount of R207 000 which DHS
paid when there were no further services rendered entitling him to
payment of this last-mentioned amount.
SPECIFIC PREAMBLE B.
11. AND WHEREAS BONGIVELI entered into a sale and purchase agreement
with FREMAX Farms for portion 6 of Rietspruit for an amount of R10 500
000. LITTLE RIVER paid R1 500 000 as deposit for the farm and BONGIVELI
had to deliver a guarantee issued by a bank or financial institution for

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payment of the balance of the purchase price on or before 31 May
2011.
12. Accused 15 received a commission of R4 500 000 (four million five
hundred thousand rand). Accused 13 and 14 are members of PFUKA
AFRICA BUSINESS CHANNEL CC.
13. In March 2011 BONGIVELI DHS, Msukaligwa Municipality and BONGIVELI
entered into a sale and purchase agreement for farm RIETSPRUIT.
14. When the said sale and purchase agreement was signed BONGIVELI
was not the owner of farm RIETSPRUIT and DUBE did not have approval
of the departmental BAC to purchase the farm.
15. AND WHEREAS municipal valuer for Msukaligwa local municipality
compiled a valuation roll in which portion 6 of farm RIETSPRUIT is valued
at R1 630 000 00 (One million six hundred and thirty thousand rand).
16. AND WHEREAS FREEMAX paid commission to PFUKA AFRICA in the
amount of R450 000. PFUKA AFRICA paid BONGIVELI:-
I. R40 000 on 08 February 2011.
II. R20 000 on 09 February 2011;
III. R50 000 on 18 February 2011;
17. In March 2011 the DHS paid an amount R52 884 384.00 to SINGWANE.
18. SINGWANE furnished FREEMAX with a guarantee of R15 661 018.59.
FREEMAX released documents necessary for transfer of property for
lodgement with the Deeds office, Nelspruit.

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19. AND WHEREAS in April 2011 a simultaneous registration of the farm on the
name of BONGIVELI and transfer of ownership of the said farm onto
Msugalikwa Municipality was done by SINGWANE Attorneys. BONGIVELI
became the owner of RIETSPRUIT and simultaneously sold it to DHS for
R32 Million.
20. On 19 April 2011 and 05 May 2011 SINGWANE paid R3 644 100.00 and R2
092 681.00, respectively, to LITTLE RIVER.
21. AND WHEREAS PFUKA AFRICA received commission in the amount of R4
680 000.00, it paid members of BONGIVELI CC as follows:-
I. 14 April 2011 accused 11 R290 403.92.
II. 14 April 2011 accused 10 R250 000
III. 14 April 2011accused 11 R250 000
IV. 21 April 2011 accused 10 R519 975.00.
V. 01 June 2011 accused 11 R100 000;
NOW THEREFORE the accused are guilty of the crimes of:
COUNT 1: FRAUD – read with the provisions of section 103 of the criminal
procedure act, act 51 of 1977, as amended (In terms of section 156 of act 51
of 1977 against accused 1, 2, 3 and 4)
The accused are guilty of the fraud in that during or about the period April 2008
to December 2010 and at or near Emalahleni in the district of Emalahleni and
thereafter at or near Mbombela in the district of Mbombela the accused did
unlawfully, falsely and with intention to defraud give forth and pretend to
officials of the department of human settlement, Mpumalanga that:

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1. Purchase price for portion 82 of farm NAAUPOORT required by the owner
Johan Van Tonder is R37.5 million.
2. All material facts were truthfully disclosed to the officials of the DHS and Van
Tonder.
3. SIZWANGENDABA PROPERTY DEVELOPERS will present a Township ready for
development to the DHS and Emalahleni Local Municipality.
And did there and then by the means of the said misrepresentation induce
Department of Human Settlement and / or its officials to believe the said
misrepresentations and to act thereupon to their prejudice, actual or potential,
to consider and enter into a sale agreement for the purchase of portion 82 of
farm NAAUPOORT and pay an amount of R37,5million, and to the prejudice of
Johan van Tonder, actual or potential.
Whereas the accused at the time when they made aforesaid
misrepresentation well knew that-
4. The purchase price required by PETRUS JOHANNES VAN TONDER for portion
82 of farm NAAUPOORT is R16,5 million.
5. The accused will receive a secret commission of R22,5million if the farm is
purchased by the DHS at an amount of R37,5million.
6. SIZWANGENDABA PROPERTY DEVELOPERS will not present a Township ready
for development to the purchaser.
ALTERNATIVE TO COUNT 1: THEFT

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AND WHEREAS payment of the amount of R37,5 million by the DHS for the
purchase of farm NAAUPOORT was made on the strength of
misrepresentations made to the officials of the DHS by the accused.
NOW THEREFORE the accused are guilty of theft
IN THAT upon or about the period 20 December 2010 to 28 December 2010
and at or near Mbombela in the Regional Division of Mpumalanga, the
accused did unlawfully and intentionally appropriate and steal an
amount of R37,5 million or any part thereof the property of or in lawful
possession of the Provincial Department of Human Settlement and / or
its officials
In the event of a conviction either on the main count or the alternative the state
will request that the accused be dealt with in terms of Section 51 (2) (a) of Act
105 of 1997 (minimum sentence is 15 years)
COUNT 2 FRAUD (In terms of section 156 of Act 51 of 1977 against accused 6
only)
The accused is guilty of fraud in that upon or about 28 December 2010 and at
or near Mbombela in the Regional Division of Mpumalanga the accused did
unlawfully, falsely and with intention to defraud give forth and pretend to
officials of the Department of Human Settlement, Mpumalanga that:
 An amount of R37,5 million paid by the DHS to SINGWANE Attorneys as
purchase price for farm NAAUPOORT was paid over to the seller PETRUS
JOHANNES VAN TONDER.

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 SINGWANE executed all instructions and specific mandate of the DHS
regarding payment of the amount of R37,5 million to the seller VAN
TONDER.
 A written communication from SINGWANE Attorneys stating that the
amount of R37,5million was paid over to PETRUS JOHANNES VAN TONDER
is true and correct; or
 Written confirmation of payment of R37,5million to VAN TONDER is bona
fide.
Department of Human Settlement or its officials or employees to believe the
said misrepresentations and to act thereupon to their prejudice, actual or
potential or to the prejudice or potential prejudice of PETRUS JOHANNES VAN
TONDER.
Whereas the accused at the time when he made aforesaid misrepresentation
well knew that-
 The written confirmation of payment of R37,5million to VAN TONDER is
false and not bona fide.
 The full instructions of the DHS to SINGWANE Attorneys on the payment
of the amount of R37 million for purchase of farm NAAUPOORT was not
carried out and that an amount of R22,5 million was paid to LITTLE RIVER.
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In the event of a conviction the state will request that the accused be dealt
with in terms of Section 51 (2) (a) of Act 105 of 1997 (minimum sentence is 15
years)
COUNT 3: FRAUD (In terms of section 156 of Act 51 of 1977 against Accused 6
only)
The accused is guilty of fraud in that upon or about 28 February 2011 and at or
near Mbombela in the Regional Division of Mpumalanga the accused did
unlawfully, falsely and with intent to defraud represent to the officials of the
Provincial Department of Human Settlement, Mpumalanga that:
 An amount of R271 913.53 is legally due and payable, or
 The said amount of R271 913.53 is for services rendered to the DHS, or
 The amount has not previously been claimed and / or paid
And did by means of the said misrepresentation induce Provincial Department
of Human Settlement or its officials or employees to believe the said
misrepresentations and to act thereupon to their prejudice or potential or to
the prejudice or potential prejudice of Department of Human Settlement to
consider to pay and to pay an amount of R271 913.53
Whereas the accused at the time when he made aforesaid misrepresentation
well knew that-

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 The amount of R271 913.53 is not legally due and payable
 He previously submitted an invoice for fees in the amount of R669 845.20
which was paid by DHS.
IN THAT during or about March 2011 and at or near Mbombela in the Regional
Division of Mpumalanga, the accused did unlawfully and intentionally
appropriate and steal an amount of R271, 913.53 the property of or in lawful
possession of the Provincial Department of Human Settlement and / or its
officials.
COUNT 4: FRAUD (In terms of section 156 of act 51 of 1977 against accused 1,
2, 3, 4 and 5 only)
The accused are guilty of fraud in that during or about the period November
2010 and April 2011 at or near Witbank in the Regional Division of Mpumalanga
the accused did unlawfully, falsely and with intention to defraud give forth and
pretend to JOHN MNGUNI and THEMBA MAHLANGU and / or BABUSISEKILE
BUSINESS ENTERPRISE CC and / or its members or employees or its agents that:-
a. LITTLE RIVER is the owner of the portion 82 NAAUPOORT farm; or
b. Accused disclosed all material facts regarding ownership of portion 82
of farm NAAUPOORT to JOHN MNGUNI and THEMBA MAHLANGU.
c. The lease agreement between the LITTLE RIVER on one hand and
BABUSISEKILE BUSINESS ENTERPRISE CC on the other is bona fide.

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d. The accused are lawfully entitled to receive rental fees from
BABUSISEKILE BUSINESS ENTERPRISE CC or JOHN MNGUNI and THEMBA
MAHLANGU for their occupation of farm NAAUPOORT.
And did there and then by the means of the aforesaid misrepresentations
induce JOHN MNGUNI and THEMBA MAHLANGU to their prejudice, actual or
potential, to accept the aforesaid false misrepresentations as the truth and
enter into a lease agreement with ROBERT BURWISE representing LITTLE RIVER
and pay an amount of R285 000 to LITTLE RIVER and R450 000 to BROAD MARKET
TRADING.
Whereas in truth and in fact the accused when they thus misrepresented
aforesaid, well knew that-
e. LITTLE RIVER is not the owner farm NAAUPOORT or any portion of the said
farm
f. The lease agreement entered into by and between LITTLE RIVER and
BABUSISEKILE BUSINESS ENTERPRISE CC is not bona fide
g. The accused are not lawfully entitled to receive rental fees from
BAUSISEKILE BUSINESS ENTERPRISE CC or JOHN MNGUNI and THEMBA
MAHLANGU for their occupation of farm NAAUPOORT.
COUNTS 5 - 22: THEFT (Against Accused 1, 2, 3, 4 and 5 only)
IN THAT upon or about the dates mentioned in Column B to schedule 1 hereto
and at or near eMalahleni in the Regional Division of Mpumalanga the

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accused did unlawfully and intentionally appropriate and steal amounts of
money mentioned in Column C to schedule 1 hereto the property of or in lawful
possession of JOHN MNGUNI and THEMBA MAHLANGU.
SCHEDULE 1
COLUMN A COLUMN B COLUMN C COLUMN D COLUMN E
Count Date Amount Name of Recipient Bank Account Number
5 03/01/2011 R40 000 LITTLE RIVER SBSA 032469446
18 03/02/2012 R25 000 BROAD MARKET TRADING SBSA 042347998

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COUNT 34: CORRUPTION IN CONTRAVENTION OF SECTION 3 (b) (ii) (cc) of Act
12 of 2004 READ WITH SECTIONS 1, 24 AND 26 (1) (II) OF ACT 12 OF 2004 AND
READ FURTHER WITH THE PROVISIONS OF SECTION 269A OF ACT 51 OF 1977–
Offering a benefit (In terms of section 156 of Act 51 of 1977 against Accused 1,
2, 3 and 4)
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In that upon or about 02 February 2011 and at or near Mbombela in the
Regional Division of Mpumalanga the accused did wrongfully and
intentionally, directly or indirectly give or offered to give gratification in the
form of an amount of R500 000 to any other person, to wit MDUDUZI BLESSING
SINGWANE whether for the benefit of himself or for the benefit of another
person, in order to act, personally or by influencing another person to act in a
manner that amounts to the illegal, dishonest, unauthorised, incomplete, or
biased exercise, carrying out or performance of any powers, duties, or
functions arising out of a constitutional, statutory, contractual or any legal
obligation, to wit a reward for paying R22,5 million to LITTLE RIVER contrary to
the instructions of the DHS.
COUNT 35: CORRUPTION IN CONTRAVENTION OF SECTION 3 (a) (i) (aa) and (iv)
READ WITH SECTIONS 1, 2, 24, 25 and 26 (1) (a) OF PREVENTION AND
COMBATING OF CORRUPT ACTIVITIES ACT 12 OF 2004 – Accepting a benefit (In
terms of section 156 of Act 51 of 1977 against Accused 6 only)
In that upon or about 02 February 2011 and at or near Mbombela in the
intentionally, directly or indirectly accept or offered to accept gratification in
the form of an amount of R500 000 from any other person, to wit ROBERT
BURWISE, PATRICK CHIRWA, HARRIGNTON SIZWAKHENDABA DLHAMINI and
LITTLE RIVER (PTY) LTD whether for the benefit of himself or for the benefit of
another person, in order to act, personally or by influencing another person to

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act in a manner that amounts to the illegal, dishonest, unauthorised,
incomplete, or biased exercise, carrying out or performance of any powers,
duties, or functions arising out of a constitutional, statutory, contractual or any
legal obligation, to wit a reward for paying R22,5million to LITTLE RIVER contrary
to specific instructions of the DHS.
COUNT 36: MONEY LAUNDERING IN CONTRAVENTION OF SECTION 4 OF
PREVENTION OF ORGANISED CRIME ACT, ACT 121 OF 1998 (In terms of section
156 of Act 51 of 1977 against Accused 1, 2, 3, 4 and 6 only)
WHEREAS the amount of R22,5 million paid by SINGWANE to LITTLE RIVER
constituted or formed part of proceeds of unlawful activities;
AND WHEREAS the accused knew or ought reasonably to have known that the
said amount was or formed part of the proceeds of unlawful activities;
NOW THEREFORE the accused are guilty of the offence of contravening
Section 4 read with sections 1 and 8 of the Prevention of Organised Crime Act,
1998 (Act 121 of 1998);
IN THAT during or about period 23 to 28 December 2010 and at or near
Mbombela in the Regional Division of Mpumalanga the accused entered into
an agreement with each other and or any other person and / or engaged in
arrangements or transactions and /or performed acts with the R22,5 million,
which had or were likely to have had the effect of:-

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 Concealing or disguising the nature, source, location, disposition or
movement of the said amounts of money or ownership thereof or any
interest which anybody might have had in respect thereof and / or;
 Enabling or assisting any person who has committed an offence to avoid
prosecution and/or to remove or diminish the money acquired directly
as a result of the commission of a crime.
FIRST ALTERNATIVE TO COUNT 36: ACQUSITION OR POSSESSION OR USE
PROCEEDS OF UNLAWFUL ACTIVITIES IN CONTRAVENTION OF SECTION 6 READ
WITH SECTIONS 1 AND 8 OF ACT 121 OF 1998
WHEREAS the amount referred to in count 36 was and / or formed part of the
proceeds of unlawful activities of another person or persons;
AND WHEREAS the accused acquired, were in possession of or used the said
amount of money;
NOW THEREFORE the accused are guilty of contravening Section 6 read with
Sections 1 and 8 of the Prevention of Organised Crime Act, 1998 (Act 121 of
1998);
IN THAT upon or about the period mentioned in count 36 and at or near
Mbombela in the Regional Division of Mpumalanga the accused did
unlawfully acquire, have in possession of or use the aforesaid amount of money
knowing or having ought reasonably to have known that the R22,5 million or
any part thereof was or formed part of the proceeds of unlawful activities of
another person.
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SECOND ALTERNATIVE TO COUNT 36: ASSISTING ANOTHER TO BENEFIT FROM
WITH SECTIONS 1 AND 8 OF ACT NO. 121 OF 1998
proceeds of unlawful activities;
AND WHEREAS the accused assisted any person or persons to benefit from the
said amount;
Section 5 read with Sections 1 and 8 of the Prevention of Organised Crime Act,
1998 (Act 121 of 1998);
unlawfully assist a person or persons whose identity or identities is or are to the
state unknown to benefit from the proceeds of unlawful activities knowing or
having ought reasonably to have known that the aforesaid amount of money
was or formed part of the proceeds of unlawful activities.
COUNT 37: CORRUPTION IN CONTRAVENTION OF SECTION 3 (b) (ii) (cc) READ
WITH SECTIONS 1, 2, 24 AND 26(1) OF ACT 12 of 2004 – Offering a benefit (In
AND WHEREAS SINGWANE made two separate payments of R300 000 each to
BMW Northcliff Auto dealership for the purchase of a BMW X5 as follows:-
• 15 March 2011 R300 000.00
• 25 May 2011 R300 000.00

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AND WHEREAS the said vehicle is registered on the names of SIPHO JOEL
BONGO (Accused 9)
AND WHEREAS the said vehicle was de facto owned by BONGANI THOMAS
BONGO (Accused 8).
NOW THEREFORE the accused is guilty of the crime of contravening the
provisions of section 3 (a) of the Act 12 of 2004
In that upon or about 15th March 2011 and at or near Mbombela in the
intentionally, directly or indirectly give or offered to give gratification in the
form of an amount of R300 000 to any other person, to wit BONGANI THOMAS
BONGO whether for the benefit of himself or for the benefit of another person,
in order to act, personally or by influencing another person to act in a manner
that amounts to the illegal, dishonest, unauthorised, incomplete, or biased
exercise, carrying out or performance of any powers, duties, or functions arising
out of a constitutional, statutory, contractual or any legal obligation, to wit
instructing and exerting pressure on officials of the DHS to effect payments to
SINGWANE Attorneys.
WITH SECTIONS 1, 2, 24 AND 26 (1) OF ACT 12 OF 2004 – Offering a benefit
(Against accused 6 only in terms of section 156 of Act 51 of 1977)
In that upon or about 25th May 2011 and at or near Mbombela in the Regional
Division of Mpumalanga the accused did wrongfully and intentionally, directly

25
or indirectly give or offered to give gratification in the form of an amount of
R300 000 to any other person, to wit BONGANI THOMAS BONGO whether for
the benefit of himself or for the benefit of another person, in order to act,
personally or by influencing another person to act in a manner that amounts
to the illegal, dishonest, unauthorised, incomplete, or biased exercise, carrying
out or performance of any powers, duties, or functions arising out of a
constitutional, statutory, contractual or any legal obligation, to wit instructing
and exerting pressure on officials of the DHS to effect payments to SINGWANE
Attorneys.
READ WITH SECTIONS 1, 2, 24, 25 and 26 (1) (a) OF THE PREVENTION AND
COMBATING OF CORRUPT ACTIVITIES ACT, ACT 12 OF 2004 – Accepting a
benefit
In that upon or about 15th March 2011 and at or near Mbombela in the
intentionally, directly or indirectly accept or offered to accept gratification in
the form of an amount of R300 000 from any other person, to wit MDUDUZI
BLESSING SINGWANE whether for the benefit of himself or for the benefit of
another person, in order to act, personally or by influencing another person to
act in a manner that amounts to the illegal, dishonest, unauthorised,
incomplete, or biased exercise, carrying out or performance of any powers,
duties, or functions arising out of a constitutional, statutory, contractual or any

26
legal obligation, to wit instructing and exerting pressure on officials of the DHS
to effect payments to SINGWANE Attorneys.
READ WITH SECTIONS 1, 2, 24, 25 and 26 (1) (a) OF THE PREVENTION AND
COMBATING OF CORRUPT ACTIVITIES ACT, ACT 12 OF 2004 – Accepting a
benefit (In terms of section 156 of Act 51 of 1977 against Accused 8 only)
In that upon or about 25th May 2011 and at or near Mbombela in the Regional
or indirectly accept or offered to accept gratification in the form of an amount
of R300 000 to any other person, to wit MDUDUZI BLESSING SINGWANE whether
for the benefit of himself or for the benefit of another person, in order to act,
Attorneys.
WITH SECTIONS 1, 2, 24 AND 26(1) OF ACT 12 OF 2004 – Offering a benefit (In
AND WHEREAS SINGWANE paid R300 000 to AUDI Sandton dealership for the
purchase of an AUDI A5 RS5 vehicle

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AND WHEREAS the said vehicle is registered on the names of SIPHO JOEL
BONGO (Accused 9)
AND WHEREAS the said vehicle was de facto owned by BONGANI THOMAS
BONGO (Accused 8).
NOW THEREFORE the accused is guilty of the crime of contravening the
provisions of section 3 (a) of the Act 12 of 2004
In that upon or about 14 April 2011 and at or near Mbombela in the Regional
or indirectly give or offered to give gratification in the form of an amount of
R300 000 to any other person, to wit BONGANI THOMAS BONGO whether for
the benefit of himself or for the benefit of another person, in order to act,
Attorneys.
READ WITH SECTIONS 1, 2, 24, 25 and 26 (1) (a) OF ACT 12 OF 2004 – Accepting
a benefit
(In terms of section 156 of Act 51 of 1977 against Accused 8 only)
In that upon or about 14 April 2011 and at or near Mbombela in the Regional

28
or indirectly accept or offered to accept gratification in the form of an amount
of R300 000 to any other person, to wit MDUDUZI BLESSING SINGWANE whether
for the benefit of himself or for the benefit of another person, in order to act,
Attorneys.
COUNTS 43 – 44: MONEY LAUNDERING IN CONTRAVENTION OF SECTION 4 OF
156 of Act 51 of 1977 against Accused 9 only)
WHEREAS the two amounts of R300 000 each paid by SINGWANE on 15 March
2011 and 25 May 2011, respectively, to BMW Northcliff dealership for purchase
of a motor vehicle registered on the names of SIPHO JOEL BONGO constituted
or formed part of proceeds of unlawful activities;
said amounts were or formed part of the proceeds of unlawful activities;
NOW THEREFORE the accused is guilty of the offence of contravening Section
4 read with sections 1 and 8 of the Prevention of Organised Crime Act, 1998
(Act 121 of 1998);

29
IN THAT upon or about 15 March 2011 and thereafter upon or about 25 May
2011 and at or near Mbombela in the Regional Division of Mpumalanga the
accused entered into an agreement with each other and or any other person
and / or engaged in arrangements or transactions and /or performed acts with
the two amounts of R300 000 each, which had or were likely to have had the
effect of:-
• Concealing or disguising the nature, source, location, disposition or
• Enabling or assisting any person who has committed an offence to avoid
FIRST ALTERNATIVE TO COUNTS 43 – 44: ACQUSITION OR POSSESSION OR USE
WHEREAS the amounts referred to in counts 43 – 44 were and / or formed part
of the proceeds of unlawful activities of another person or persons;
amount of money;
NOW THEREFORE the accused is guilty of contravening Section 6 read with
1998);
30
IN THAT upon or about the period mentioned in counts 43 – 44 and at or near
knowing or having ought reasonably to have known that the two amounts of
R300 000 or any part thereof was or formed part of the proceeds of unlawful
activities of another person.
SECOND ALTERNATIVE TO COUNTS 43 – 44: ASSISTING ANOTHER TO BENEFIT
FROM PROCEEDS OF UNLAWFUL ACTIVITIES IN CONTRAVENTION OF SECTION 5
READ WITH SECTIONS 1 AND 8 OF ACT NO. 121 OF 1998
WHEREAS the amounts referred to in counts 43 and 44 was and / or formed
part of the proceeds of unlawful activities;
said amount;
1998 (Act 121 of 1998);

31
WHEREAS the amount of R300 000 paid by SINGWANE on 14 April 2011 to AUDI
Sandton dealership for purchase of a motor vehicle registered on the names
of SIPHO JOEL BONGO constituted or formed part of proceeds of unlawful
activities;
(Act 121 of 1998);
IN THAT upon or about 14 April 2011 and at or near Mbombela in the Regional
Division of Mpumalanga the accused entered into an agreement with any
other person and / or engaged in arrangements or transactions and /or
performed acts with the amount of R300 000, which had or were likely to have
had the effect of:-
32
amount of money;
1998);
knowing or having ought reasonably to have known that the amount of R300
000 or any part thereof was or formed part of the proceeds of unlawful

33
said amount;
1998 (Act 121 of 1998);
COUNT 46: THAT ACCUSED 7 IS GUILTY OF CONTRAVENTION OF SECTION 86(1)
OF THE PUBLIC FINANCE MANAGEMENT ACT, 1999 (ACT NO 1 OF 1999) READ
WITH SECTIONS 1, 36, 37, 38(1)(a)(iii), 38(1)(b), 38(1)(c)(ii), 38(1) (d), 38(1)(g)
38(1)(n), 38(2), 44(2), 51(1) and 76(4)(c) (AS AMENDED BY THE PUBLIC FINANCE
MANAGEMENT AMENDMENT ACT, 199 (ACT NO 29 OF 1999) AND FURTHER READ
WITH SECTION 217(1) OF THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA.

34
IN THAT during the period between the 01 March 2010 and the 30th April 2011
and at or near Mbombela in the Regional Division of Mpumalanga Accused 7
in his capacity as the accounting officer of the DHS, did unlawfully, wilfully
and/or in a grossly negligent manner fail to comply with a provision of the
Public Finance Management Act, 1999 (Act No 1 of 1999) to wit:
1. The duty to ensure that the DHS had and maintained an appropriate
procurement and provisioning system which was fair, equitable,
transparent, competitive and cost-effective as prescribed by section
38(1)(a)(iii) of the PFMA and/or;
2. The duty to ensure that the DHS had a system for properly evaluating all
major capital projects prior to a final decision on the project and/or as
prescribed by section 38(1) (a) (iv) of the PFMA and/or;
3. The duty to ensure the effective, efficient, economical and transparent
use of the resources of the DHS as prescribed by section (38(1)(b) of the
PFMA and/or;
4. The duty to take effective and appropriate steps to prevent
unauthorised, irregular and/or fruitless and wasteful expenditure and
losses resulting from criminal conduct as prescribed by section
38(1)(c)(ii)) of the PFMA and/or;
5. The duty to manage contractual liabilities of the DHS as prescribed by
section 38(1) (d) of the PFMA and/or;
6. The duty to report the irregular expenditure incurred by DHS
Mpumalanga as prescribed by section 38(1) (g) of the PFMA and/or;

35
7. The duty to take effective and appropriate disciplinary steps against any
official in the service of the DHS Mpumalanga as prescribed by section
38(1)) (h) (i) – (iii) and/or;
9. The duty to comply, and to ensure compliance by the DHS Mpumalanga
with the provisions of the PFMA as prescribed by section 38(1)(n) of the
PFMA
10. The duty to promptly report his inability to comply with any of his
responsibilities determined for accounting officers in Part 1 of the Public
Finance Management Act as prescribed by section 40(5) of the PFMA
and/or
11. The duty to not commit the DHS to any liability for which money had not
been appropriated as prescribed by section 38(2) of the PFMA.
AND WHEREAS the accused held the position of HOD of the DHS.
AND WHEREAS he declared salary paid by DHS as his single source of income.
AND WHEREAS accused purchased a Mercedes Benz motor vehicle valued at
R718 335.99
AND WHEREAS deposit for the vehicle was inter alia paid for in two cash
deposits of R200 000 each made on 16 May 2011 by a person whose identity
was withheld and only reflected as “Shoes”.

36
AND WHEREAS the amount of R400 000 constituted or formed part of proceeds
of unlawful activities;
(Act 121 of 1998);
IN THAT upon or about 16 May 2011 and at or near Mbombela in the Regional
Division of Mpumalanga the accused entered into an agreement with any
other person and / or engaged in arrangements or transactions and /or
performed acts with the amount of R400 000, which had or were likely to have
had the effect of:-

37
amount of money;
1998);
IN THAT upon or about the period mentioned in counts 47 and at or near
said amount;
38
1998 (Act 121 of 1998);
unlawfully assist a person or persons whose identity or identities is to the state
unknown, to benefit from the proceeds of unlawful activities knowing or having
ought reasonably to have known that the aforesaid amount of money was or
formed part of the proceeds of unlawful activities.
AND WHEREAS accused declared salary paid by DHS as his single source of
income.
AND WHEREAS he purchased a Mercedes Benz E63 motor vehicle valued at R1
289 378.00
AND WHEREAS the accused made a cash payment of R100 000 for the vehicle
on 02 March 2012.
39
(Act 121 of 1998);
IN THAT upon or about 02 March 2012 and at or near Mbombela in the
Regional Division of Mpumalanga the accused entered into an agreement
with any other person and / or engaged in arrangements or transactions and
/or performed acts with the amount of R100 000, which had or were likely to
have had the effect of:-

40
AND WHEREAS the accused acquired, was in possession of or used the said
amount of money;
1998);
said amount;
5 read with Sections 1 and 8 of the Prevention of Organised Crime Act, 1998
(Act 121 of 1998);

41
AND WHEREAS accused 7 declared salary paid by DHS as his single source of
income.
AND WHEREAS he purchased a Lexus, LX570 motor vehicle valued at R1 182
590.40
AND WHEREAS the accused made two cash payments of R100 000 each for
the vehicle on 30 July 2012 and 31 July 2012, respectively.

42
(Act 121 of 1998);
IN THAT upon or about 30 – 31 July 2012 and at or near Mbombela in the
Regional Division of Mpumalanga the accused entered into an agreement
with any other person and / or engaged in arrangements or transactions and
/or performed acts with the two amounts of R100 000 each, which had or were
likely to have had the effect of:-
WHEREAS the amount referred to in counts 49 and 50 was and / or formed part
AND WHEREAS the accused acquired, was in possession of or used the said
amount of money;
43
1998);
IN THAT upon or about the period mentioned in counts 49 and 50 and at or
WHEREAS the amount referred to in counts 49 and 50 was and / or formed part
of the proceeds of unlawful activities;
said amount;
5 read with Sections 1 and 8 of the Prevention of Organised Crime Act, 1998
(Act 121 of 1998);

44
IN THAT upon or about the period mentioned in counts 49 and 50 and at or
COUNT 51: FRAUD – READ WITH THE PROVISIONS OF SECTION 103 OF ACT 51 OF
1977 (In terms of section 156 of act 51 of 1977 against accused 6, 10, 11 and
12)
The accused are guilty of the fraud in that during or about the period 10 March
2011 to 11 April 2011 and at or near Ermelo in the Regional Division of
Mpumalanga and thereafter at or near Mbombela in the Regional Division of
Mpumalanga the accused did unlawfully, falsely and with intention to defraud
give forth and pretend to officials of the department of human settlement,
Mpumalanga that:
1. BONGIVELI own farm Rietspruit; and/ or,
2. All material facts for the purchase of the farm by DHS were truthfully
disclosed to the officials of the DHS.
3. BONGIVELI paid for acquisition of farm Rietspruit from its own
resources.
Department of Human Settlement and / or its officials to believe the said

45
misrepresentations and to act thereupon to their prejudice, actual or potential,
to consider and enter into a sale agreement for the purchase of Rietspruit farm
and pay an amount of R32 million to BONGIVELI, and to the prejudice of
FREEMAX and its Directors and / or servants, actual or potential.
Whereas the accused at the time when they made aforesaid
misrepresentation well knew that-
4. BONGIVELI did not own farm Rietspruit.
5. The accused will acquire, in a convoluted manner, fees for the purchase
of the farm from DHS.
6. The transfer and registration of ownership will be executed in a manner
that will enable BONGIVELI to acquire ownership of Rietspruit from
money paid by the DHS to SINGWANE Attorneys.
AND WHEREAS payment of the amount of R32 million by the DHS to SINGWANE
Attorneys for the purchase of farm RIETSPRUIT was made on the strength of
misrepresentations made to the officials of the DHS by the accused.
AND WHEREAS the said amount of R32million was the property of the DHS or in
lawful possession of its officials.
NOW THEREFORE the accused are guilty of theft
IN THAT during or about the period 17 March 2011 to 11 April 2011 to and at or
near Mbombela in the Regional Division of Mpumalanga, the accused did

46
unlawfully and intentionally appropriate and steal an amount of R32 million or
any part thereof the property of or in lawful possession of the Provincial
Department of Human Settlement and / or its officials
In the event of a conviction either on the main count or the alternative the state
will request that the accused be dealt with in terms of Section 51 (2) (a) of Act
105 of 1997 (minimum sentence is 15 years)
COUNTS 52 – 59: CORRUPTION IN CONTRAVENTION OF SECTION 3 (b) (ii) (cc)
READ WITH THE PROVISIONS OF SECTION 1, 2, 24 AND 26 (1) OF ACT 12 OF 2004
– Offering a benefit (Against accused 13, 14 and 15)
AND WHEREAS SINGWANE paid FREEMAX through Werkmans Attorneys R15 661
018.59 for the purchase price of farm Rietspruit, inclusive of commission.
AND WHEREAS Werkmans paid Accused 15 commission in an amount of R4 680
000.00
AND WHEREAS the accused paid BONGIVELI and its members amounts of
money mentioned in Column C to Schedule 2 hereto
NOW THEREFORE the accused are guilty of the crime of contravening the
provisions of section 3 (b) (ii) (cc) READ WITH THE PROVISIONS OF SECTION 1, 2,
24 AND 26 (1) OF PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT,
ACT 12 OF 2004
47
In that upon or about the dates mentioned in Column B to Schedule 2 hereto
and at or near Mbombela in the Regional Division of Mpumalanga the
accused did wrongfully and intentionally, directly or indirectly give or offered
to give gratification in the form of an amount of money mentioned in Column
C to Schedule 2 to any other person, to wit persons mentioned in Column D to
Schedule 2 whether for the benefit of himself or for the benefit of another
person, in order to act, personally or by influencing another person to act in a
manner that amounts to the illegal, dishonest, unauthorised, incomplete, or
biased exercise, carrying out or performance of any powers, duties, or
functions arising out of a constitutional, statutory, contractual or any legal
obligation, to wit reward for appointing accused 15 as agent.
Schedule 2
Column A Column B Column C Column D
Count Date Amount Recipient
52 08/02/2011 R40 000 BONGIVELI
53 09/02/2011 R20 000 BONGIVELI
54 18/02/2011 R50 000 BONGIVELI
55 14/04/2011 R290 403.92 BONGANI SIBIYA (Accused 11)
56 14/04/2011 R250 000 WILLEM MAGAGULA (Accused
10)
57 21/04/2011 R250 000 BONGANI SIBIYA (Accused 11)

48
58 21/04/2011 R519 975.00 WILLEM MAGAGULA (Accused
10)
59 01/06/2011 R100 000 BONGANI SIBIYA (Accused 11)
COUNTS 60 – 67: CORRUPTION IN CONTRAVENTION OF SECTION OF 3 (a) (i) and
(iv) READ WITH SECTIONS 1, 2, 24, 25 and 26 (1) (a) OF ACT 12 OF 2004 –
Accepting a benefit
(In terms of section 156 of Act 51 of 1977 against Accused 10, 11 and 12 only)
In that upon or about the dates mentioned in Column B to Schedule 2 and at
or near Mbombela in the Regional Division of Mpumalanga the accused did
wrongfully and intentionally, directly or indirectly accept or offered to accept
gratification in the form of an amounts of money mentioned in Column C to
Schedule 2 from any other person, to wit PFUKA AFRIKA whether for the benefit
of himself or for the benefit of another person, in order to act, personally or by
influencing another person to act in a manner that amounts to the illegal,
dishonest, unauthorised, incomplete, or biased exercise, carrying out or
performance of any powers, duties, or functions arising out of a constitutional,
statutory, contractual or any legal obligation, to wit reward for appointing
PFUKA AFRIKA as an agent.
156 of Act 51 of 1977 against Accused 1, 2, 3, 4 and 6 only)

49
WHEREAS the amount of R3 644 100.00 and R2 092 681.00 paid by SINGWANE
on 19 April 2011 and 05 May 2011, respectively, to LITTLE RIVER constituted or
formed part of proceeds of unlawful activities;
Section 4 read with sections 1 and 8 of the Prevention of Organised Crime Act,
1998 (Act 121 of 1998);
IN THAT upon or about 19 April 2011 and on or about 05 May 2011 and at or
near Mbombela in the Regional Division of Mpumalanga the accused entered
into an agreement with each other and or any other person and / or engaged
in arrangements or transactions and /or performed acts with the amount of R3
644 100.00 and R2 092 681.00, which had or were likely to have had the effect
of:-

50
WHEREAS the amounts referred to in counts 68 – 69 were and / or formed part
amount of money;
NOW THEREFORE the accused are guilty of contravening Section 6 read with
1998);
knowing or having ought reasonably to have known that the amount of R3 644
100.00 and R2 092 681.00, respectively, or any part thereof was or formed part
of the proceeds of unlawful activities of another person.
WHEREAS the amounts referred to in counts 68 and 69 was and / or formed
part of the proceeds of unlawful activities;

51
said amount;
1998 (Act 121 of 1998);

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IN THE COURT FOR THE REGIONAL DIVISION OF MBOMBELA,

ROBERT BURWISE Accused 1

PATRICK DONALD CHIRWA Accused 2

HARRINGTON SIZWAKHENDABA DHLAMINI Accused 3

LITTLE RIVER TRADING 156 (PTY) LTD,

a company duly incorporated in terms of the Companies

Act No 61 of 1973, as represented in terms of Section

332(2) of Act 51 of 1977 by ROBERT BURWISE Accused 4

BROAD MARKET TRADING 204 (PTY) LTD Accused 5

a company duly incorporated in terms of the Companies

Act No 61 of 1973, as represented in terms of Section

332(2) of Act 51 of 1977 by Harrington S Dhlamini

BLESSING MDUDUZI SINGWANE Accused 6

DAVID BOY DUBE Accused 7

BONGANI THOMAS BONGO Accused 8

SIPHO JOEL BONGO Accused 9

VUSI WILLEM MAGAGULA Accused 10

BONGANI LOUIS HENRY SIBIYA Accused 11

(a company duly incorporated in terms of the laws of the republic

ELMON LAWRENCE MDAKA Accused13

SIBONGILE MERCY MDAKA Accused 14

PFUKA AFRIKA CC Accused 15

PROVISIONAL CHARGE SHEET FOR BAIL PURPOSE

WHEREAS at times relevant to the charges-

1 LIABILITY OF THE ACCUSED

1.1 All natural accused persons participated in the commission of

1.2 Accused 4 being a corporate body is liable for the commission

of the offences by virtue of the provisions of Section 332 of Act

51 of 1977 in that the acts or omissions of ACCUSED 1, 2 and 3 in

the exercise of their powers or in the performance of their duties

as directors or servants of ACCUSED NO 4, or in furthering or

endeavouring to further the interests of ACCUSED NO 4, are

1.3 Accused 5 being a corporate body is liable for the commission

of the offences by virtue of the provisions of Section 332 of Act

51 of 1977 in that the acts or omissions of ACCUSED NO 2 and 3

in the exercise of their powers or in the performance of their

duties as directors or servants of ACCUSED NO 5, or in furthering

or endeavouring to further the interests of ACCUSED NO 5, are

1.4 Accused 12 being a corporate body is liable for the commission

of the offences by virtue of the provisions of Section 332 of Act

51 of 1977 in that the acts or omissions of ACCUSED NO 10 and

11 in the exercise of their powers or in the performance of their

duties as directors or servants of ACCUSED NO 12, or in furthering

or endeavouring to further the interests of ACCUSED NO 12, are

attributable to ACCUSED NO 12.

1.5 Accused 15 being a corporate body is liable for the commission

of the offences by virtue of the provisions of Section 332 of Act

51 of 1977 in that the acts or omissions of ACCUSED NO 13 and

14 in the exercise of their powers or in the performance of their

duties as directors or servants of ACCUSED NO 15, or in furthering

or endeavouring to further the interests of ACCUSED NO 15, are

attributable to ACCUSED NO 15.

2 MPUMALANGA DEPARTMENT OF HUMAN SETTLEMENT [“DHS”]

2.1 Provincial department of human settlement was responsible for

creation of integrated human settlement within the province of

Mpumalanga. Accused 7 and 8 were officials in the

department of human settlement occupying positions as head

of department [“HOD”] and head of legal services,

2.2 Acquisition of goods and services by department of human

settlement is regulated. Accused 7, in his official capacity set

out above, entered into contracts for purchase of portion 82

farm NAAUPOORT and RIETSPRUIT.

3.1 Establishment of a Township is regulated in terms of ordinance

15 of 1986 (Town Planning and Township Ordinance) which set