Fraud charges against former brigadier Tiyani Hlungwani, former financial and administrative services section head in the SA Police Service (SAPS) crime intelligence division’s secret services account, have been reinstated after he was acquitted and discharged.

He was found not guilty and discharged in respect of all three charges to which he had pleaded not guilty.

Hlungwani was acquitted of fraud charges by the Pretoria Specialised Commercial Crimes Court last year; however, the National Prosecuting Authority (NPA) successfully appealed this decision.

The full bench of the Gauteng High Court, Pretoria, Acting Judge Siboniso Sambo and Judge Mandla Mbongwe, set aside his acquittal and discharge last month.

The matter has been referred back to the specialised commercial crimes court for the continuation of the trial.

In June 2018, Hlungwani was arrested for defrauding the State of R50,000 a year earlier alongside Major-General Pat Mokhushane and his wife, Lieutenant-Colonel Zandile Mokhushane, as well as Brigadier Manana Leonora Phetlhe, and charged with money laundering and contravention of the Prevention and Combating of Corrupt Activities Act (Precca).

Hlungwani’s first fraud charge related to unlawfully and falsely and with intent to defraud giving out and pretending to certain crime intelligence officers that there was an urgent need to secure catering services for a meeting of senior cops, which justified the deviation from normal procurement processes and payment of an advance into the personal account of one of his co-accused to the prejudice of the SAPS and/or the general public.

The second fraud charge unlawfully and falsely and with intent to defraud giving out and pretending to the former acting head of the crime Intelligence’s secret services account, Major-General Obed Nemutanzhela, that a claim by one of his co-accused that she incurred expenses for catering services during the crime intelligence meeting in June 2017 was legitimate.

He claimed that a deviation letter attached to the claim was signed before the advance was paid into a bank account.

However, the truth was the fact that the submitted claim was not legitimate and that the deviation letter was written and signed about a week later at Hlungwani’s insistence or advice.

He was also charged with contravening Precca by unlawfully and intentionally aiding Pat and Phetlhe to do the same in terms of the act.

The specialised commercial crimes court ruled that the charge of fraud could not succeed against Hlungwani due to a lack of evidence showing he benefited from the allegedly stolen money.

But Acting Judge Sambo and Judge Mbongwe disagreed, finding that the elements of fraud do not require that an accused person should benefit from the unlawful transaction.

“As long as the State can prove the misrepresentation and prejudice, there is a prima facie case to which the accused must answer,” reads their judgment dated June 12.

Neither Hlungwani nor his legal representative made an appearance during the NPA’s appeal last month.

He also could not be reached for comment on Saturday.

National police spokesperson Major-General Nonkululeko Phokane said the member referred to in the inquiry is no longer in the employ of the SAPS.

“The member was dismissed, not suspended, following due process. Therefore, the employer reserves the right not to comment on any subject relating to former members of the service,” she explained.

loyiso.sidimba@inl.co.za

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