Ex-police sergeant and claimant sentenced to 15 years for R5. 4 million RAF fraud attempt
A former police sergeant and a motorist have each been sentenced to 15 years in prison for their role in an elaborate but unsuccessful attempt to defraud the Road Accident Fund (RAF) of R5.4 million.
The East London Commercial Crimes Court handed down the sentence on Wednesday, convicting claimant Xolani Somtsewu, 47, and ex-sergeant Mandlenkosi Njekanye, 52, of fraud and obstructing the ends of justice. The court ruled that their sentences would run concurrently, effectively leaving both men to serve 15 years behind bars.
National Prosecuting Authority (NPA) regional spokesperson Luxolo Tyali says Somtsewu lodged a fraudulent RAF claim following a motor vehicle accident on the N2 near Komga on December 31.
“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,” said Tyali.
However, investigators uncovered that the original police report compiled at the scene pointed to a tyre burst as the cause of the crash.
Evidence showed that Njekanye, who was the investigating officer at Komga Police Station at the time, later instructed another officer to alter the report to suit Somtsewu’s false claim.
A third officer, who was not even on duty in Komga at the time, falsely certified having inspected the manipulated report.
RAF investigators picked up on inconsistencies before any payout was made, leading to the case being exposed.
Delivering judgment, the court highlighted the “breach of public trust” by Njekanye and the deliberate orchestration of the fraud, noting that had it succeeded, it would have caused a significant financial loss to the RAF and South African taxpayers.
In addition to their sentences, the pair were declared unfit to own firearms.
Eastern Cape Director of Public Prosecutions, Barry Madolo, welcomed the outcome.
“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,” he said.
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