Former crime intelligence officer fights back against reinstated fraud charges

A former police crime intelligence official is set to challenge the Gauteng High Court, Pretoria, ruling that fraud charges against him be reinstated and his trial to continue. 

Tiyani Hlungwani formerly held the rank of brigadier and was the financial and administrative services section head in the SA Police Service's crime intelligence division's secret services account, also referred to as the slush fund.

In June, the full bench of the high court - Acting Judge Siboniso Sambo and Judge Mandla Mbongwe - set aside Hlungwani’s acquittal and discharge.

Hlungwani was acquitted of fraud charges by Pretoria Specialised Commercial Crimes Court Magistrate Ignatius du Preez in November 2023, but the National Prosecuting Authority (NPA) has successfully appealed the decision.

Acting Judge Sambo and Judge Mbongwe referred the matter back to the specialised commercial crimes court for the continuation of the trial.

However, Hlungwani, who represented himself, has expressed his unhappiness with the judgment, saying he was never informed that the NPA enrolled the matter for the hearing of its appeal last month.

In the last communication between the parties in April last year, after Hlungwani was acquitted and discharged, the NPA indicated that it had filed a notice of leave to appeal.

Hlungwani instructed prosecutor Molatlhwa Mashuga to direct any further correspondence to him via e-mail or to inform him by e-mail or phone if there was anything he would like to serve on him.

He also undertook to make arrangements for someone to collect at the NPA’s offices.

Mashuga later acknowledged that Hlungwani’s e-mail had been “received and the contents thereof noted”.

Hlungwani said he would launch an application to rescind Acting Judge Sambo and Judge Mbongwe’s judgment.

The now reinstated fraud charges followed the arrest of Hlungwani in June 2018 for allegedly defrauding the State of R50 000 the previous year.

Hlungwani was accused number three in the matter alongside Major-General Pat Mokhushane and his wife, Lieutenant-Colonel Zandile Mokhushane, as well as Brigadier Manana Leonora Phetlhe, who are all still on trial.

They were also charged with money laundering and contravention of the Prevention and Combating of Corrupt Activities Act (Precca).

In his ruling, Du Preez said: “From the summary of the viva voce (oral) evidence and numerous exhibits received and its interpretation, it appears that criminal charges labelled against accused 3, more specifically also count 6 (contravention of Precca), was from facts that had the nature of a disciplinary value, rather than criminal.”

The specialised commercial crimes court found that while the charge sheet stipulated further that Hlungwani insisted that the R50 000 be paid into Phetlhe's bank account, that was his part of the involvement in the commission of the offence.

“This is not what the evidence depicts. The account details of accused 2 (Phetlhe) with the request that the amount of R50 000 must be paid into the account of accused 2, did not originate from accused 3 (Hlungwani).

“I am not satisfied that there is sufficient evidence for a regional court acting cautiously to find accused 3 (Hlungwani) guilty on counts 1, 4, or 6, all the counts he has pleaded on,” Du Preez ruled.

The NPA’s Lumka Mahanjana said the Mokhushanes and Phetlhe are scheduled to return to court on July 22, although it has not yet been clarified if Hlungwani will join the other three accused.

Cape Times