Molefe Seeletsa

By Molefe Seeletsa

Journalist


Hawks boss expects more state capture arrests while Bheki Cele avoids prosecution again

Four individuals have been convicted and sentenced in state capture cases handled by the Hawks.


Hawks head Godfrey Lebeya says more state capture-related arrests can be expected as investigations progress, while former police minister Bheki Cele remains untouched over a 2009 scandal.

Speaking during a media briefing on the Hawks’ third-quarter achievements for the 2024/2025 financial year, Lebeya detailed its successes from October to December 2024.

Hawks arrests for various offences

The Hawks, also known as the Directorate for Priority Crime Investigation (DPCI) conducted an array of operations targeting corruption, organised crime, fraud, theft, money laundering, cybercrime, police killings, cash-in-transit (CIT) robberies, kidnapping for ransom, state capture cases and illegal mining among others.

Lebeya announced that 1 409 suspects were arrested and appeared in court during this period.

Of these, 451 (32%) were South Africans, while 958 (68%) were foreign nationals.

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Breaking down the arrests by region, Lebeya noted that North West province led with 919 arrests, followed by Gauteng (116), KwaZulu-Natal (106), Mpumalanga (67), and Western Cape (57).

“May I hasten to say that the North West figure incorporates the 854 illegal mining cases allocated to the DPCI from operation Vala Umgodi at Stilfontein,” Lebeya said.

“This added to 21 arrests from organised crime projects named Tarantula and Grumpy Face operations. Otherwise, the total would have stood at 65.”

State capture arrests by Hawks

Lebeya highlighted the work of the Hawks’ state capture national investigation task team, emphasising their focus on transforming inquiries into prosecutable cases.

The team has obtained 2 241 statements across 53 cases addressing state capture recommendations.

“38 accused persons — 30 natural and eight juristic — have been arrested by the Hawks,” said Lebeya.

“This includes six suspects previously arrested in the Bosasa case before it was handed over to the Investigative Directorate Against Corruption [IDAC], which has since charged no fewer than 268 persons.”

Four individuals have been convicted and sentenced in state capture cases handled by the Hawks.

READ MORE: Court case backlog could be as high as 100,000, says Auditor-General

Lebeya also cited the high-profile arrest of former South African Airways (SAA) board member Yakhe Kwinana.

Kwinana surrendered to the Hawks in Germiston on 26 November, later appearing at the Palm Ridge Specialised Commercial Crimes Court.

She was granted R20 000 bail, with her case postponed to 12 March 2025 for a defence representation.

Her charges stem from allegedly failing to disclose prior contractual relationships with auditing firms PricewaterhouseCoopers (PwC) and Nkonki Incorporated when SAA awarded the companies a four-year contract worth R59 million.

State capture investigations are ongoing – Hawks

Lebeya did not rule out more state capture-related arrests.

“We can always expect arrests on that,” he said.

“As soon as the National Prosecuting Authority [NPA] is satisfied that the evidence that has been collected is sufficient for a decision [to prosecute], they will make that decision, and we secure the attendance of the suspects in court.

“At times, we may believe that we have completed the investigation to the satisfaction of the investigating team, but the National Prosecuting Authority that is authorised to decide on behalf of the state may still require additional information. Investigations are ongoing and nothing will be left unattended,” Lebeya explained.

READ MORE: Justice Department and NPA agree to collaborate on access to Zondo commission database

The NPA has faced criticism for its slow progress in prosecuting state capture-related crimes.

Its setbacks include the April 2023 discharge of all accused in the R24.9-million Nulane Investments fraud case and the subsequent dismissal of former Eskom CEO Matshela Koko’s corruption case.

The latter was struck off the roll in November 2023 due to the accused’s right to a speedy trial.

National Director of Public Prosecutions (NDPP) Shamila Batohi has defended the NPA, citing a lack of skilled personnel and the complexity of such cases as significant challenges.

Bheki Cele off the hook again

Addressing a reopened investigation into a 2009 scandal involving former police minister Bheki Cele, Lebeya revealed that the NPA has again decided not to prosecute.

“The case relating to the former national commissioner of police and later minister [Bheki] Cele, which was investigated and declined for prosecution in 2017 and 2020, was reopened in 2024 based on representations to the Investigative Directorate,” Lebeya said.

“The NPA has again confirmed its previous decision and declined to prosecute.”

The case centres on Cele’s alleged authorisation of a R500 million lease agreement for the Sanlam Middestad Building in Pretoria to serve as a new police headquarters.

Former public protector Thuli Madonsela previously found that procurement procedures were not followed in the deal.

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