Macadamia organisation opens criminal case against alleged investigators

On Tuesday March 19, Macadamia South Africa (SAMAC), accompanied by its legal representatives, AfriForum’s Private Prosecution Unit (PPU), opened a case of corruption, fraud and theft at the Nelspruit Police Station against a private investigator and an alleged Hawks intelligence detective.

This case identifies two senior officers in the Hawks as possible suspects for their alleged failure to take action when they were made aware of an alleged unlawful activity.

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The provincial head of the Directorate for Priority Crime Investigation (DPCI), Major General Nicholas Gerber, categorically denies that the members implicated in the alleged theft are part of the Hawks. He said the implicated individuals are from the intelligence structures that assist the Hawks during investigations, as they do not have an intelligence capacity. “Without elaborating on the work that was undertaken, it suffices to state that none of the individuals alleged are attached to the Hawks,” said Gerber.

Barry Bateman, the communications manager for AfriForum’s PPU, said they are pleased that the DPCI is finally taking the allegations of corruption seriously.

He said these allegations cannot come as a surprise to the Hawks’ management, because they were discussed in detail at a meeting in October 2021 that was attended by the PPU, the Hawks’ provincial management and the National Prosecuting Authority (NPA).

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SAMAC alleges that between 2016 and 2020, the private investigator and the Hawks detective created the impression that they were lawfully conducting a covert operation to identify, arrest and prosecute members of a syndicate trading in stolen macadamias. SAMAC claims it carried the costs of the operation, which it was told was in the furtherance of a legitimate undercover operation.

Furthermore, it is alleged that the private investigator and Hawks detective invoiced the organisation for travel expenses and even attending meetings.

SAMAC also alleges that most of the items it purchased are unaccounted for.

The organisation approached AfriForum’s PPU for help when the two suspects’ repeated promises of imminent arrests came to nought. No proof has been provided, and it is alleged that the covert operation was not authorised by the NPA, as is required by law, and that the Hawks’ management was unaware of the operation or that it was funded by SAMAC.

In October 2021, the PPU met with the Hawks’ management, the detective and a representative of the NPA, and all these aspects were discussed. Following that meeting, Adv Gerrie Nel of AfriForum’s PPU addressed a letter to one of the brigadiers.

“Our client went the extra mile to support the Hawks to have the scourge of organised syndicated crime activities within the macadamia nut industry exposed, investigated and prosecuted, only to be dashed by the revelations of the meeting.”

He added that they remain more convinced of the veracity of their concerns, which the PPU believe if proficiently investigated, may prove that SAMAC is the victim of a multi-million rand misrepresentation under the ostentatious guise of the ‘cloak-and-dagger’ environment of law enforcement itself.

“We trust your office will champion its responsibility to combat, investigate and prevent priority crimes such as serious organised commercial crimes and serious corruption,” Nel said.

He said that following the meeting, the Hawks’ Anti-corruption Unit approached the PPU for an affidavit, but deliberately and persistently withheld information that would empower SAMAC to properly formulate their criminal complaint.

Captain Dineo Sekgotodi, the Mpumalanga Hawks’ spokesperson, said that a full investigation would be conducted, including on the case that has been opened.