45 2, The financial disclosure forms for the years 2010 to 2011 and 2011 to 2012 submitted fo the DHS and / or to the Executive Authority of the DHS and / or to the Public Service Commission are bona fide, And did there and then by means of the aforesaid rnisrepresentation, induce Department of Human Settlements and/or its officials and / or Its Executive Authority and / or Public Service Commission to believe the sald misrepresentations and to act thereupan to their prejudice, actual or potential. Whereas the accused at the time when he made aforesaid misrepresentations well knew that- 3. During the financial disclosure periods for the years 2010 to 2011 ond 2011 to 2012 the salary and stipends received from the DHS were not his only sources of income. x . The financial disclosure forms for the years 2010 to 2011 and 2011 to 2012 submitted to the DHS and / or to the Executive Authority of the DHS and / or to the Public Service Commission are not bona fide. COUNT 49; MONEY LAUNDERING IN CONTRAVENTION OF SECTION 4 OF PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (In terms of section 156 of Act 51 of 1977 against Accused 7 only) (l)_ the accused held the position of HOD of the DHS.46 (ii) during financial disclosure periods 2010 to 2011 and 2011 to 2012 he declared salary paid by DHS as his only source of income, (ii) accused purchased a Mercedes Benz motor vehicle with Registration Number FMW 701 MP with VIN Number WDD2120252A451328 valued at R718 335.99 (iv) deposit for the vehicle was inter alia paid for in two cash deposits of R200 000.00 each, made on 16 May 2011, by a person whose icentity was withheld and only reflected as “Shoes” (v) the amount of R400 000.00, constituted or formed part of proceeds of unlawful activities; (vl) the cecused knew or ought reasonably to have known that the said amounis were or farmed part of the proceeds of unlawful activities; THAT the accused is guilty of the offence of contravening Section 4 read with sections 1 and 8 of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998), IN THAT upon or about 16 May 2011 and at or near Mbambeia In the Regional Division of Mpumalanga the accused entered Into an agreement with any other person and / or engaged in errangements or iransactions and /or performed acs with the amount of R400 C00, 00, which had or were likely fo have had the effect of 47.1. Concealing or disguising the nature, source, location, dispositien or movement of the sald amounts of money or ownership thereof or any interest which anykedy might have had in respect thereof and / or:a7 47.2. Enabling or assisting any person who has committed an offence to avoid prosecution and/or to remove ar diminish the money acquired directly Qs Q result of the commission of a crime, ALTERNATIVE 10 COUNT 49: ACQUSITION OR POSSESSION OR USE PROCEEDS OF UNLAWFUL ACTIVITIES IN CONTRAVENTION OF SECTION 6 READ WITH SECTIONS } AND 8 OF ACT 121 OF 1998 WHEREAS the amount referred to In count 49 was and / or formed part of the proceeds of unlawful activities of another person or persons: AND WHEREAS the accused acquired, were In possession of or used the sald amount of money; THAT the accused Is guitly of contravening Section 6 read with Sections 1 and 8 of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998), IN THAT upon oF about the period mentioned in count 49, and at er near Mbembela In the Reglenal Rivisien of Mpumalanga the accused did unlawfully acquire, have In possession of oF Use the aforesaid arnount of money knowing or having ought reasonably to have known that the amount of R400 000 or ciny port thereof was or formed part of the proceeds of unlawful activities of another person.“a COUNT 50; MONEY LAUNDERING IN CONTRAVENTION OF SECTION 4 OF PREVENTION OF ORGANISED CRIME ACT, ACT 121 OF 1998 (In terms of section 156 of Act 51 of 1977 against Accused 7 only) (i) The eccused declared salary paid by DHS as his only source of income. {i) The accused had ¢ legal duty to alsclose alll sources of income to the DHS and / oF Public Service Commission. (ii) Non-disclosu of financial benefits and objigations constitute misrepresentation to the DHS and / oF Public Service Commission, (iv) The accused purchased a Mercedes Benz Cé3 AMG motor vehicle with VIN Number WDD2120742A635440 vaiued at RI 28° 378.00 io The accused mace a deposit of RP50 000.00 cansisting of R510 000,00 being the value of a tracle-In of a motor vehicle referred to in Count 49 ond cash payments of R190 000.00 and R300 000,00, respectively, made. ‘on 02 March 2012 and R40 900 discount efferad by the car dealer and / or the bank financing the transaction (vi) The amount of R510 000,00 Used as traded far the Mercecies Benz C63 AMG 1s or forrned part of proceads of uniowtul activities; {vil] The aecused knew or ought reasonably to have known thot the sid amount was oF formed port ef the proceeds of unlawful activities; NOW THEREFORE the occused is guilty of the offence of contravening Section 4 read with sections 1 ond 8 of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998);ag IN THAT upon or about 02 Merch 2012, and at or near Mbombela In the Regional Division of Mpumalanga the accused entered Into an agreement with any other person and / or engaged in arrangements or transactions and /or performed acts with the amount of R510 000,00, which had or were fkely to have had the effect of + Concealing or disguising the nature, source, location, disposition or movement of the said crnounts of money or awnership thereof or any Interest which anybody might have had In respect thereof and / ar: + Enabling or assisting any person who has committed an offence te avold prosecution and/or to remove or diminish the money acqulred directiy gs a result of the commission of a crime. ALTERNATIVE TO COUNT 50: ACQUSITION OR POSSESSION OR USE PROCEEDS OF UNLAWFUL ACTIVITIES IN CONTRAVENTION OF SECTION 6 REAP WITH SECTIONS 1 AND & OF ACT 121 OF 1998 WHEREAS the amount tefarred fo in court 80 was and / or fermad part of the proceeds of Unlowtul aciiviiles of another person er persons; AND WHEREAS the accused acquired, was in possession of or used the sald amount of money; THAT the accused is guilty of centrayening Section 6 read with Sections 1 and 8 of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998} IN THAT upon er about the period mentioned In count 50 and at or near Mbombela in the Regional Division of Mpumalanga the cccused did50 unlawfully acquire, have in possession of or use the aforesaid amount of money knowing or having ought reasonably to have known that the amount of R510 000,00, or any part thereof was or formed part of the proceeds of unlawful activities of another person. ‘COUNT 51: FRAUD ~ READ WITH THE PROVISIONS OF SECTION 103 OF ACT 51 OF 1977 (In terms of section 156 of act 51 of 1977 against accused 6, 7, 10, 11, 12, 13, 14, 15 and 18) In thet the accused are guilty of fraud in that during or about the period 10 March 2011 to 11 Aptil 2011, and at or neer Etmelo in the Regional Division of Mpumalanga ond therectter at or near Mbombela in the Regional Division of Mpumalanga the accused did unlawlully, falsely and with intention to defraud give forth and pretend to the Department of Hurnan Settlement and / or its employess, and to FREMAX and / or its Directors or servants that: {Accused 6 ond 18 ate representing MSAWJV In entering Into an agreement for canveyancing services for Rletsprutt farm; and / or, (i) Accused é and 18 are authorised by Mohumo Setsoalo, a poriner of the MSAJV, lo negotiate and conclude an agreement for conveyancing services for Rietsprult farm with the DHS on behalf of MSA-JV. (il) Accused 6 and 18 ore authorised by the MSAV and / or by tis members or partners to receive payments from DHS on behalf of the MSA-JY.su {iv)_ The agreement between MSA-JV and the DHS for conveyancing services for Rietspruit farm is bona fide. (V)__ FREMAX requires R36 000 000.00 as purchase price for form RIETSPRUM. (vi). ACCUSED 6 and 18 executed all instructions and specific mandate of the Deporiment of Human Settlement regarding payment of the amount of R36.000 000 fo FREMAX, (vii) At the time when DHS entered into an agreement for the purchase of farm Ristsprult, BONGIVELI GC was the owner of the said farm Rietspruit. (vil) Deparment of Human Settlement does not require BONGIVEL! to produce proof of ownership of Rielspruit farm prior to recelving payment for the farm by DHS, (i) PFUKA AFRIKA CC'ls a registered estale agent; and / or, (x) Members of PFUKA AFRICA CC ore ragtered estate agents; and / or, (x) ~~ Members of PFUKA AFRICA CC are or were responsible for facilitating the sale and purchase of Rletspruit farm. (xl) BONGIVELI will deliver Rietspruit form to Department of Human Settlement as township ready for engineering services. And did there and then by the means of the said misrepresentation induce Department of Human Settlements and / or its employees and FREMAX and / or its Directors and / or representatives to believe the said misrepresentations and to act thereupon to their prejudice, actual er potential, to consider to enter into and did enter into a sale agreement for the purchase of Rietsprult82 farm and to pay an amount of R36 000 000,00 or any part thereof fo SINGWANE & Partners Attomeys which was utlized contrary to the instructions of Department of Human Settlements, and to the cictual or potential prejudice of Mohumoa Seisoalo, Whereas ihe accused at the time when they made aforescid misrepresentations well knew that- i (i) (i) (iv) (y) Accused 6 and 18 are not representing MSA~JV in entering Into an agreement for conveyancing services for Rietspruif farm; and / or, Accused 6 and 18 are not authorised by Mohumo Setsoale, ¢ partner of the MSA-JV, to negotigte and conclude an agreernent for conveyancing services for Rietspruit farm with the DES on behalf of MSAV. Accused 6 and 18 are not authersed by the MSA-JV and / or by its members of partners fo receive payments from DHS on behalf of the MSA-Y, The agreement between MSA-JV and the DHS for conveyancing services for Rietsprult farm is not bong fide. The amount of R36 000 000 paid by the Deportmnent of Human. Settioments to ACCUSED 18 was utlised, contrary to the Instructions of the Deportment of Human Settlements, for ihe benefit of BONGIVEL! which enabled BONGIVEL to acquire farm Rietsprult and: simultaneously sold the same farm te Msukallgwa Local Municipality.(vi) (vil) {vil} (x) (x) a (xl) (xl) (xiv) (xv) (xvi) 53 ACCUSED 6 did not execute aill Instructions and specific mandate of the DHS regarding payment of the amount of R36 00 000 to FREMAX. At the time when DHS entered into an agreement for the purchase of form Rietsprult, BONGIVEL! CC was not the owner of the said farm Rletsprutt, FREMAX required R11 000 000 as purchase price for form Rletspruit. FREMAX and its Directors ar represantatives wos the rightful owner of Rietsprull farm with whom the DHS should have negotiated the sale of the sald farm; and / or, BONGIVELI cine its Directars dicl net have mandate fron FREMAX to negotiate with representatives of Department of Human Settlement for the sale of farm Retspruit prior to aequiring the farm from FREMAX, Proof of ownership Is required when Deporiment of Human Settlement acquire or pay for assets, goods and services, PFUKA AFRIKA CG Is not a registered estate agent; and / or, Members of FFUKA AFRICA CC are not ragistered estate agents; and for, Members of PFUKA AFRICA CC are or were not responsible for facilitating the sale and purchase of Rletsprult farm, BONGIVELI did not have ain amount R15, 661, 018.59 held In trust by SINGWANE & Partners. BONGIVEL! ald not deliver Rieispruit farn te DHS as township ready for engineering services.Inthe event of a convi her on the main count or is 2 th i os t f Section 51 (2) (a) of Act 105 of 1997 (minimum sentence Is 15 years) ALTERNATIVE TO COUNT 51: THEFT AND WHEREAS payment of the arnaunt of R36 000 000 by the Department of Human Settlements to SINGWANE & Partners fer the purchase of farm RIETSPRUIT was made on the strength of misrepresentations made to the officials of the DHS by the accused, AND WHEREAS the saci amount of R36 600 000 was fhe property of the Department of Human Settlement or in possession of SINGWANE & Partners. IN THAT duting or about the petlad 17 March 2011 te 11 April 2011 end at or near Mbombela in the Regional Bivilen af Mpumalangs, the accused did unlawfully ond intentionally apprepriate and steal an amount of R36 000 000 or any pert thereof the property of or hela! in trust of SINGWANE & Partners on behalf the Provincial Deparment of Human Settiement and / or lts employees. e.event of a conviction eliher on the main count er the altemative the slate will request tho! oll natural accused persons be dealt with in terms of Section 51.2) (a) of Act 105 of 1997 (miniroum sentence Is 18 years) COUNTS 52 ~ 59: CORRUPTION IN CONTRAVENTION OF SECTION 8 (b) {I} (aa), 8 {b){I)(bb) and 3(b){Iv) of Act 12 of 2004 READ WITH SECTIONS 1, 24(1), 25 AND 26 (1) OF ACT55 12 OF 2004 AND READ FURTHER WITH THE PROVISIONS OF SECTION 269A OF ACT 51 OF 1977- Offering a benefit (In terms of section 156 of Act 51 of 1977 against Accused 13, 14 and 15} AND WHEREAS SINGWANE paid FREEMAX through Werkmans Attorneys a total sum of R15 661 018.59, for the purchase price of farm Rietsprult, Inclusive of the commission. AND WHEREAS Werkmans pald Accused 15, cornmission in an arnount of R4 680 000.00, AND WHEREAS Accused 13, 14 and 15 are not estate agents, AND WHEREAS FREMAX cing / of Ils Directors negotiated the sale of farm Rietspruit directly with members of BONGIVELI without Intervention of accused 13, and 15. AND WHEREAS Department of Humen Setflements cle not appeint Accused 13, 14 and 15 as Its representatives to negotiate purchase of farm Rletsprult. AND WHEREAS the accused pald Accused 12 and lis members amounts of money mentioned in Column C te Scheciule 2 hereto. NOW THEREFORE the accused are guilty of the crime of contravening the provisions of section 3 (b} (i) (aq), 3 (bp) (bb) and 3(b}(iv) of Act 12 of 2004 READ WITH SECTIONS 1, 24{1], 25 AND 26 {1} OF ACT 12 OF 2004 AND READ. FURTHER WITH THE PROVISIONS OF SECTION 269A OF ACT 4! OF 1977 In that Upon or about the dates mentioned In Column B to Schedule 2 hereto and at or near Mbombela In the Regional Division of Mpumalanga the56 ‘accused did wrongfully and intentionally, directly or indirectly give or offered to give gratification in the form of an amount of money mentioned in Column C to Schedule 2 to any other person, to wit persons mentioned in Column D to. Schedule 2 whether for the benefit of himself or for the benefit of another person, in order to act, personally or by influencing another person to act ina manner that amounts to the illegal, dishonest, unauthorised, incomplete, or bigsed exercise, carying out or performance of any powers, duties, or functions arlsing out of a constitutional, statutory, contractyal or any legal obligation, to wit as a reward for appainting Accused 13 to 15 os condull for BONGIVELI In the sale agreement for the purchase of form Rietspruit, Schedute 2 Column A [CoiumnB” [Colima & Toiumn 5 ae Count | Baie ‘Amount Reelpier 52 08/2/2071) R40 000.00 BONGIVELI (Accused 12) [sa ~*|970a7a01T R20 600.60 BONGIVELT [Accused 12) [ea Ta70a72011 RSD 000.00 “TBGONGIVEL TAccused 12) (3s [ajo4/20i) | R290 408.92 "TY BONGANISIBIVA [Accused 11) | [Be «*/Ta/Ga/20TT [R50 CGG.OS WILLE MAGAGULA (Accused | 10} 37 38 5F R250 600.00 |BONGANI SBA TACSET | Ti) 10} BONGANI SIBIYA (Accused 11]87 COUNTS 60-67: CORRUPTION IN CONTRAVENTION OF SECTION 3 (a) (1) (aa), 3(a}{H) (bb) and (iv) READ WITH SECTIONS 1, 2, 24(1), 25 and 26 (1) OF PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT 12 OF 2004 ~ Accepting a benefit (In terms of section 156 of Act 51 of 1977 against Accused 10, 11 and 12 only) in that upon or about the dates mentioned in Column 8 to Schedule 2 and at of near Mbombela in the Regional Division of Mpumalanga the accused did wrongfully and Intentionally, directly or indirectly aecept or offered to accept gratification in the form of amounts of money mentioned In Column C to Schedule 2 from any other person, fo wit PFUKA AFRIKA ond / or Elmon Lawrence Mdaka or Slbonglie Mercy Melaka whether for their own benefit or for the benefit of anether person, In order fo act, personally oF by influencing another person fo act In a manner that amounts to the illegal, dishonest, unauthorised, Incomplete, or blased exercise, cenying out or parformance of any powers, duties, or functions arising out of a constitutional, statutory, contractual or any legal obligation, to wit as a reward for appointing Accused 13 to 15 as condult for BONGIVEL in the sale agreement for the purchase of fosm Rletsprult. COUNTS 68 = 75: MONEY LAUNDERING IN CONTRAVENTION OF SECTION 4 OF PREVENTION OF ORGANISED CRIME ACT, ACY 121 OF 1998 (In tatms of section 156 of Act 51 of 1977 against Accused 10, 11, 12, 13, 14 and 15} WHEREAS the amounts of money set out in column C of schedule 3 hereto paid out of the bank account of Accused 18 onto Accused mentioned in column38 Don dates set out In column B of schedule 3 herete constitutes or formed part of proceeds of unlawful activities; AND WHEREAS the accused knew or ought reasonably to have known that the said amounts were or formed part of the proceeds of unlawful activities; NOW THEREFORE the accused are gullty of the offence of contravening Section 4 reod with sections 1 and 8 of ihe Prevention of Organised Crime Act, 1998 (Act 121 of 1998); IN THAT upon of about the dates set out in column B of schedule 3 hereto ona ot or near Mbombela in the Regional Division of Mpumalanga the accused entered into an ogreement with each other and er any other person and / or engaged In arrangements of transactions and /or performed acts with the amounts of money set out in column C of scheduie 3, which had or were likely to have had the effect of + Concealing or disguising the nature, source, location, alspesttion or movement of the said amounts of money or ownership thereof or any interest which anybody might have had in respect thereof and / or: * Enabling oF assisting any person who has committed an offence to avoid prosecution and/or to remove or diminish the money acquired directly as a result of the commission of a crime,59. ALTERNATIVE TO COUNTS 68 ~ 75: ACQUSITION OR POSSESSION OR USE PROCEEDS OF UNLAWFUL ACTIVITIES IN CONTRAVENTION OF SECTION 6 READ WITH SECTIONS 1 AND 8 OF ACT 121 OF 1998 WHEREAS the amounts referred to In counts 68 ~ 78 were and / or formed part of fhe proceeds of unlawful activities of another person or persons; AND WHEREAS the accused acquired, were in possession of or used the said amount of money: NOW THEREFORE the accused are guilty of contravening Section 6 read with Sections 1 and 8 of the Prevention of Organised Grime Act, 1998 (Act 121 of 1998); IN THAT upan or about the period mentioned in counts 68 ~ 75 and at or near Mbombela in the Reglonal Division of Mpumalanga the accused did unlawfully acquire, have in possesion of or use the aforesaid amount of money knowing or having ought reasanaibly te have knewn that the amount of money set out in column € of schedule 3 hereto or any part thereof was or formed port of the proceeds of unlawful activities of another peron. COUNT 76: ASSISTING ANOTHER TO BENEFIT FROM PROCEEDS OF UNLAWFUL ACTIVITIES IN CONTRAVENTION OF SECTION § READ WITH SECTIONS 1 AND 8 OF ACTNO, 1217 OF 1998 (In terms of section 186 of Aci 8} of 1977 against Acewied 13, 14 and 18 only)60 WHEREAS the amounts referred fo In column C of Schedule 3 is or was and / or formed part of the proceeds of unlawful activities; AND WHEREAS the accused assisted any person or persons to benefit fram the sald amount; NOW THEREFORE the cecused are gullly of the effence of contravening Section 5 read with Sections 1 and 8 of the Prevention of Organised Crime Act, 1998 (Act 121 of 1996); IN THAT upon or about the pered mentioned in column B ef Schecivie 3 and at or near Mbombela In the Regional Divison of Mpumalanga the accused did unlawfully assist a person ar persons fo wit Vusl Willem Magagula, Bongani Louls Henry Siblya eind / or person oF persons whose Identity or identities Is or are to the state unknown to benefi fram the proceeds of Unlawful activities knowing or having ought reasonably fo have known that the aforesaid amount of money wes or formed part of the proceeds of unlawiul activities, Schedule 3 Soiumn A] Column 6 | Eoumnc lGount | Date Amount TORTORAOTT PRAT GHE.OG OR/0R/ROTT [RAO 60.00 TOR ATT TREO CHG.G0 14/04/2011 | R290 403.92 BONGANISIBIVA [Accused Ti61 72 1470472011] R250 000.00 WILLEM MAGAGULA [Accused 10) 73 2i/04)2011 [R250 000.00 BONGANI SIBIVA (Accused 11] 4 ZO472O | REIP 975.00 —“TWILLEM” MAGAGULA (Accused 10} 75 1/66/2011 | R100 600.00 BONGANTSIBIVA [Accused 11) COUNT 77: CORRUPTION IN CONTRAVENTION OF SECTION 3 (b)(1), 3(b)4) (aa) ard (bb) ane! 2{b)(iv) READ WITH SECTIONS 1, 2, 24(1), 25 AND 26(1) OF ACT 12 of 2004 ~ Offering a benefit (In terms of section 156 of Act 1 of 1977 (In terms of section 156 of Act 51 of 1977 against Accused 6, 10, 11 and 12 only} WHEREAS the Accused agreed with each other and with aecused 1, 2, 3.and 4 that BONGIVELLI pay LITTLE RIVER (PTY) LTD R7 092, 681.00 for development and merketing of farm Rletsprult. AND WHEREAS BONGIVEL| included PEUKA AFRICA as Ils agent In the purchase of RIETSPRUIT from FREMAX, AND WHEREAS BONGIVELI appointed Mahlon Development a its agent in development and marketing of farm Rietsprult. AND WHEREAS Accused 7 signed an agreement en behalf of the Department of Human Settlement wth BONGIVELI anc Msugotiwwa Local Municipality in which he absolved BONGIVEL! from the need to furnbh DHS with proof of ownership of farm RIETSPRUIT.62 AND WHEREAS such proof of ownership is necessary and required before the DHS enier into an agreement with a seller. AND WHEREAS dispensing with the need to fumish proof of ownership enabled BONGIVELI to acquire ownership of farm RIETSPRUIT and simuttaneously sell if ‘on to DHS, AND WHEREAS SINGWANE & Partners was a conduit to pay the amount of R7 092, 681.00 to LITTLE RIVER and did pay an amount of RS 736 781,00 to LITLE RIVER. AND WHEREAS LITTLE RIVER (PTY) LTD through Accused 1 demanded payment of the balance of Rimillion. AND WHEREAS BONGIVEL! pald ciecused 1 io 3 amounts of R330 000 each, NOW therefore the aecused ore gully of contravening section 3 (b) (I) (aa) 3{b) (i) (aa) and (bb) and 3) (Iv) READ WITH SECTIONS 1, 2, 24(1), 25 AND 26{1) OF ACT 12 of 2004 : In that upon or about 20 Aprll 2011 and at or near Mbombela in the Raglonal Division of Mpumalanga the accused eld wrongfully and Intentionally, directly or indirectly give or offered to give gratification In the form of an amount ‘OfR? 092 681.00 to LITTLE RIVER (PTY) LTO whethar for the benefit of himself or for the benefit of another person, In order te act, personally or by Influencing another person to act in a manner that amounts to the illegal, dishonest, unauthorised, incomplete, or biased exercise, carying out or performance of any powers, duties, or functions arising out of a constitutional, statutory, contractual or any63 Jegal obligation, to wit in order to improperly influence In any way in the sale and purchase agreement for farm RIETSPRUIT between DHS, Msugallkwa Municipality and BONGIVELI CC. COUNT 78: CORRUPTION IN CONTRAVENTION OF SECTION 3 (a) (i) (aa) and (iv) READ WITH SECTIONS 1, 2, 24(1), 25 and 26 (1) (a) OF THE PREVENTION AND COMBATING ‘OF CORRUPT ACTIVITIES ACT, ACT 12 OF 2004 ~ Accepting a benefit (in terms of section 156 of Act 51 of 1977 against Accused 1, 2, 3 and 4 only) WHEREAS accused 3, 10 and 11 entered Into an agreement that BONGIVEL! pay LITTLE RIVER (PTY) LTD R7 092, 681.00 for marketing and developing farm Rietsprult. AND WHEREAS Accused 10, 11 and 12 resolved to pay Liile River an amount Of R7 092, 681 00 AND WHEREAS LITTLE RIVER (PTY) LTD was not part of negotiations for the sale and purchase of form RIETSPRUTT. AND WHEREAS accused 12 appointed Mahlor Development as Its agent In developing and marketing farm RIETSPRUIT, AND WHEREAS Accised 7 signed an agreement on behalf of the Department of Human Settlement with BONGIVEL! and Msugalikwa Local Municipality in Which he absolved BONGIVELI trom the need to furnish DHS with proof of ownership of farm RIETSPRUIT. AND WHEREAS such proof of ownership Is necessary and required before the DHS enter into an agreement with a siier.64 AND WHEREAS dispensing with the need to fumish proof of ownership encbled BONGIVEL! to acquire ownership of form RIETSPRUIT cind simultaneously sel It on to DHS. AND WHEREAS SINGWANE & Partners was a condult te pay Ihe omount of R7 092, 681.00 to LITTLE RIVER and did pay an amount of RS 736 781.00 to LITTLE RIVER. AND WHEREAS LITTLE RIVER (PTY) LTD through Accused | demanded payment of the balance of Rimilion. AND WHEREAS BONGIVEL! pele accused | to S amounts af R20 000 each. NOW therefere the aceused are gully of coniravening section 3 (a) (i) aa) and {iv} In that upon or about 20 Apri 2011 and at or neer Mbombeia in the Regional Division of Mpumalanga the accused did wrengfully and intentionally, directly or Indirectly accept or offered to aecept gratification in the form ef an amount of R7 092, 681,00 from BONGIVEL! CC whether for the benefit of themselves or for the benefit of anether person, In order fo act, personally or by influencing another person fo act in a manner that amounts te the flegal, dishonest, unauthorised, incomplete, or blased exercise, carrying out or performance of any powers, duties, or functions arising out of a constitutional, statutory, contractual or any legal ebligation, to wit in order to Improperly Influence in any way the sale and purchase agreement for farm RIETSPRUIT between DHS, BONGIVELI CC and Msukaligwa Municipality.65 ‘COUNT 79: MONEY LAUNDERING IN CONTRAVENTION OF SECTION 4 OF PREVENTION OF ORGANISED CRIME ACT, ACT 121 OF 1998 (in terms of section 156 of Act 51 of 1977 against Accused 1, 2, 3, 4, 6, 10, #1, 12 and 18 only) WHEREAS the amount of R3 644 100,00 paid by SINGWANE on 19 April 2011 to LITTLE RIVER constitutes or formed part ot proceeds of unlawful activities; AND WHEREAS the accused knew or ought reasonably to have known thet the said amounts were or formed part of the proceeds of uniawiul activities: NOW THEREFORE the accused are gullty of the offence of contravening Section 4 read with sections | and 8 of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998); IN THAT upon or about 19 April 2011 and at or ner Mbombela In the Regional Division of Mpumalanga the aceused entered into an agreement with each other and or any other person and / or engaged in arrangements or transactions and for performed acts with the amount of 83 644 100.00 which had or were likely to have had the effect of . Concealing or disguising the nature, source, location, disposition or movement of the sald amounts of money or ownership thereof or any interest which onybody might have had in respect thereof and / cr:66 * Enabling or egsisting any person who has committed an offence ‘to aveid prosecution and/ar to remove or diminish the money aequired directly a8 @ result of ihe cormissian of a crime. COUNT 80; ACQUSITION QR POSSESSION OR USE PROCEEDS OP UNLAWFUL ACTIVITIES IN CONTRAVENTION OF SEGTION é READ WITH SECTIONS 1 AND 6 OF ACT 121 OF 1998 (In terms of section 156 of Act $1 of 1977 against Accused 1.2,3and 4) WHEREAS the arnount of RA 444 100 pald te the eacused by SINGWANE & Pariners is er was and / er fermed part ef the procepds of unlewiul activities of another persen of parsers: AND WHEREAS the ccewed agquired, ware in posession of or used the sald amount ef money: NOW THEREFORE the accused are guilly of eontravening Section 6 reac with Sections 1 and 8 of the Prevention af Crganised Crime Act, 1996 (Act 121 of 1998); IN THAT upon oF about the 1%" April 2011 and of or ner Mbombala In the Regional Division of Mpumalangs the accused did unlowlully cequire, have in possession of or use the aforesaid amount of money knowing or having ought reasonably to have known ther the arnaunt of RS 644 100,00 or any part thereot was or formed pert of the proceeds of unlawful estivities of another person.6 COUNT BI: ASSISTING ANOTHER TO BENEFIT FROM PROCEEDS OF UNLAWFUL ACTIVITIES IN CONTRAVENTION OF SECTION 5 READ WITH SECTIONS 1 AND 8 OF ACT NO. 127 ‘OF 1998 (In terms of section 186 of Act 81 of 1977 against Accused 6 and 18 only) WHEREAS the amount of R3 644 190 pal by SINGWANE & Pariners is or was and / or formed port of the proceeds of unlawful activities; AND WHEREAS the accused assisted any person or persons to benefit from the said amount; NOW THEREFORE the accused are guilty of the offence of contravening Section 5 read with Sections 1 and 8 of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998); IN THAT upon of about the 19% April 2011 and gt er near Mbombela In the Regional Division of Mpumalanga the accused did unlawfully assist ¢ person oF persons to wit Little River (Ply) Ltel and or / person or persons whose Identity or Identities Is or ate to the state unknown to benefit from the proceeds of unlawful activities knowing or having ought reasonably to have known that the cforesaid omount of money was or formed part of the proceeds of unlawful activities. COUNT 8268 MONEY LAUNDERING IN CONTRAVENTION OF SECTION 4 OF PREVENTION OF ORGANISED CRIME ACT, ACT 121 OF 1998 {in ferms of section 156 of Act 51 of 1977 against Accused 1, 2, 3, 4, 6,10, 11, 12 and 18 only) WHEREAS the amount of R2 092 681.00 paid by SINGWANE & Pariners on 05 May 2011 to LITTLE RIVER (PTY) LTD constilutes or formed part of proceeds of untowtul activities; AND WHEREAS the accused knew or ought reasonably te have knewn that the sald amounts were or formed part of the proceeds of Unlawful activities; NOW THEREFORE the accused are gully of the offence of contravening Section 4 reed with sections | and § af he Prevention of Organised Crime Act, 1998 (Act 121 of 1998}: IN THAT upen or about 05 Mety 2011 and st er near Mbormbela In the Regional Division of Mpumalanga the cacused entered! into an agreement with each other and or any other perion and / or engaged In arrangements or transactions and /or performed acts with the amount of R2 092 681,00, which had or were Iikely to have hed the effect of- bi Conesaling or disguising the nature, scurce, location, disposition or movement of the sald amounts of money or ownership thereof or any Interest which anybody might hove had In respect thereof and / or:69 + Enabling or assisting any person who has committed an offence to avoid prosecution and/or to remove or diminish the money acquired directly as a result of the commission of a crime. COUNT 83: ACQUSITION OR POSSESSION OR USE PROCEEDS OF UNLAWFUL ACTIVITIES IN CONTRAVENTION OF SECTION 6 READ WITH SECTIONS 1 AND 8 OF ACT 121 OF 1998 (In ferms of section 154 of Act 51 of 1977 against Accused 1, 2, 3.and 4 only} WHEREAS the amount of R2 092 681.00 is or was and / or formed part of the proceeds of unlawful activities of another person or persons; AND WHEREAS the accused acquired, were in possession of or used the sald amount of money; NOW THEREFORE the accused are guilty of contravening Section 6 read with Sections 1 and 8 of the Prevention of Organised Crime At, 1998 (Act 121 of 1998); IN THAT upon or about 05 May 2011 and at ornear Mbornbysia in the Regional Division of Mpumalanga the accused did unlawtully acquire, have in possession of or use the aforesaid amount of money knowing or having aught reasonably to have known that the arnount of R2092 681.00 or any part thereof was of formed part of the proeseds of unlawful activities of another person. COUNT 84: ASSISTING ANOTHER TO BENEFIT FROM PROCEEDS OF UNLAWFUL ACTIVITIES IN CONTRAVENTION OF SECTION 5 READ WITH SECTIONS 1 AND 8 OF ACT NO. 12170 OF 1998 (In terms of section 156 of Act 81 of 1977 against Accused 6 and 18 only) WHEREAS the amount of R2 092 481,00 is or was and / or formed port ef the proceeds of unlawful activities: AND WHEREAS the accused assisted any person or persons to benefit from the said amount: NOW THEREFORE the accused ore gully of the offence of coniravening Section 5 read with Sections 1 and 6 of the Preventian of Organised Crime Act, 1998 {Act 121 of 1998); IN THAT upen or about 08 May 2011 and at er near Mpembela in the Regional Division of Mpumalanga the deeused did Unlawtully essist a persen or persons to wil Littie River (Pty) Lid and / or Robert Sunwise, Patrick Dencid Chiwa and Harrington Swakhendabs Dhlarnini and / ef person ar persons whose Identity or identities Is or ore to the state Unknown to benefit from the proceeds of unlawful activities knowing of having ought reasonably to have known that the: aforesaid amount of money was oF formed part of the proceeds of unlawlui activities, COUNT 85: CORRUPTION IN CONTRAVENTION OF SECTION 4 (&) () (sa), 4{b} (H) (aa) and 4{b){iv) READ WITH THE PROVISIONS OF SECTIONS 1, 2, 4 (2), 24(1}, 25 AND 26(1)7m OF ACT 12 OF 2004 ~ Offering a benefit (in terms of section 156 of Act S1 of 1977 against accused 6, 19, 11, 12 and 18) IN TRAT on or about 28 April 2011 and at or near Mbombela in the Regional Division of Mpumalanga the accused dic wrengfully and intentionally, directly ‘or indirectly offer gratification to a public officer, to wit, Bonganl Thomas Bongo, In the farm of money to wit, R1000 000.00 or any part thereof, whether for the benefit of himself or for the benefil of another person, In order to influence him to act, personally or by Influencing aneiner person to act in a manner set out in section 4 (bp) (i), {i}, {ill) and (Iv) to wit, in order to Influence In any way: ti) (ti) (mi) tiv) 1) the appointment of SINGWANE & Partners by the Depariment of Human Settlements to render conveyancing services for acquisition of NAAUPOORT and RIETSPRUIT farms; or extension of scope of work for MSA-JV or SINGWANE & Partners by the Deporiment ef Human Seltlements to render conveyancing services for acquisition of NAAUPOORT and RIETSPRUIT farms, the sale agrsement for the farm NAAUPOORT between Depariment ‘of Human Settlements, Emalahlen! Local Municipatity andl Johan van Toneer. the sale agreement for the farm Rietsprut between Department of Human Settlements, BONGIVELI and Msukaligwa Municipality. Requesting or recommending or instructing that payment be made to BONGIVELI CC by the DHS,R FIRST ALTERNATIVE TO COUNT 85 CORRUPTION IN CONTRAVENTION OF SECTION 10 (b) READ WITH THE PROVISIONS OF SECTIONS 1, 2, 24, 25 AND 26 (1) OF ACT 12 OF 2004 ~ Offering a benefit. IN THAT on or about 23 Apr 2011 and at ar near Mbembela In ihe Regional Division of Mpumalanga the decused did wrongfully and intentionally, directly or indirectly offer uneuthersed gratification to a persan [In an employment telationship, In the form of an amount of R1000 600.00 or any part thereof to any other person, fo wit Bongani Themes Benge, whether for the benefit of himself or for the benefit of ansther person, In order fo Influence him to oct, personally or by influencing anether person te act In relation te the exercise, carrying out or performance af hls Bower, duties er functions within the scope ofhis employment relatianshis, to wit, In ereiar te Infuence In any ways (i) the appointment ef SINGWANE & Parnes by ihe Department of Human Settlements fo render conveyancing serviees for aceuisition of NAAUPOORT and RISTSPRUMT farms by the HS; or {i extensian ef scope ef werk for MEAdIV or SINGWANE & Partners by the Department ef human Setilemsnts jo render conveyancing services for acquisition of NAAUPOORT one RIETSFRUIT farms, {li] the sale agreement fer the farm NAAUPOORT belwsen DHS, Emalahlent Local Myricipality ane Johan van Tender, {iy) the sale agreement for the farrn Bletsprult beiween DHS, BONGIVEL) ond Msukaligwa Munielpeltty,B (v) Requesting or recommending or instructing that payment be made to BONGIVELI CC by the DHS. SECOND ALTERNATIVE TO COUNT 85: CORRUPTION IN CONTRAVENTION OF SECTION 3 (b)(), 3(2){H) (aa) and (bb) and 3(b)(Iv) READ WITH SECTIONS 1, 2, 24(1), 25 AND 26(1) OF ACT 12 of 2004~ Offering a benefit Ih that upen of about 23 April 2011 and at or near Mbombela in the Regional Division of Mpumalanga the accused did wrongfully and intentionally, clrectly or indirectly give or offered to give gratification in the form of an amount of 1000 000 oF any part thereof to eny other person, te wit, Bongant Thomas Bongo whether for the benefit of himself or for the benefit of another person, in order fo act, personally or by influencing another parson to at in a manner sef out in section 3 (b} (1), {Il}, (il) and (Iv), to wit, In order to Improperly influence in any way: {) the appointment of SINGWANE Attomeys by the DHS to render conveyancing services for acquisition of NAAUPOORT and RIETSPRUIT farms by the DHS; or {ll) extension of scope of work for MSA-JV or SINGWANE & Partners by the Department of Human Settlements fo render conveyancing services for acquisition of NAAUPOORT and RIETSPRUIT farms. [il] the sole agreement beiwaen DHS, Emalahlen! Local Municipality and Johan vein Tonder,4 {iv) the sale agreement between DHS, Msugalikwa Municipality and BONGIVELI CC. (vy) requesting or recommending or insiructing that payment be made to BONGIVELI CC by the DHS. COUNT 86: CORRUPTION IN CONTRAVENTION OF SECTION 4 (a) (1) (aa); 4{a) {f) (aa), (bb) and (cc) and 4(a) (It) and 4{a) (Iv) READ WITH THE PROVISIONS OF SECTIONS 1, 2,4 (2), 24(1), 25 AND 26(1) OF ACT 12 OF 2004 ~ Accepting a benef (In terms of section 186 of Act 51 of 1977 against accused 8 only) IN THAT upon or about 23 April 2011 and at or near Mbambela in the Regional Division of Mpumalanga the accused whilst a public officer , to wit, Director: Legal Services, DHS, dic wrongfully and Intentionally, directly or indirectly cccep! or offered to accept gratification in the form of an amount of R1G00 000.00 paid through Nkgolema Properties tram any other person, to wit Little River (Pty} Lid and / or Mdudluzi Blessing Singwane and SINGWANE & Partners, whether for the benefit of himself or for the benefit of another person, In order fo influence him to act, personally or by influencing onother parson to act ina manner set cut in section 4 (a) (I), (li). {] and {Iv}, to wit, to wit In erder to Influence in any way: () the appointment of SINGWANE & Partners by the Department of Human Settlements to render conveyancing services for acquisition of NAAUPOORT and RIETSPRUIT forms; or8 {i) extension of scope of work for MSA-JV or SINGWANE & Partners by the Department of Human Settlements to render conveyancing satvices for acquisition of NAAUPOORT and RIETSPRUIT farms. {ill} the sale agreement between DHS, Emalahleni Local Municipality and Johan van Tonder; or (iv) the sale agreement between DHS, Msugalkwa Municipality and Bongivelll CC, (v)__ requesting or recommending or Instructing that payment be made to BONGIVELI GG by the DHS. FIRST ALTERNATIVE TO COUNT 86: CORRUPTION IN CONTRAVENTION OF SECTION 10 (@) READ WITH THE PROVISIONS OF SECTIONS 1, 2, 24(1), 25 AND 26(1) OF ACT 12 OF 2004 ~ Accepting a benefit IN THAT Upon or about 23 April 2011 and ot or near Mbombelo in the Regional Division of Mpyumolanga the accused whilst party to an employment felationship, to wit, Department of Human Settlement, did wrongfully and intentionally, directly or Indirectly accept or offered to accept unauthorised gratification in the form of an amount of R1000 000.00 paid through Nkgalema: Properties from a senice provider to DHS, to wit, SINGWANE & Partners, whether for the benefit of himself or for the benefit of another person, In order to act, in relation to the exercise, carrying out or performance of his powers as Director: Legal Services for DHS, to wit, in order to Influence in any way:(ii) (ii (iv) 76 the appointment of SINGWANE Attomeys by the DHS to render conveyancing services for acquisition of NAAUPOORT and RIETSPRUIT farrns; or extension of scope of work for MSA-JV or SINGWANE & Partners by the Department of Human Settlements to render conveyancing services for aequisition of NAAUPOORT and RIETSPRUIT farms. the sale agreement between DHS, Emaichlen! Local Municipality and Johan von Tender; or the sale agreement between DHS, Msugalikwa Municipality and BONGIVELI CC. requesting or recommending or instructing that payment be made to BONGIVELI CC by the DHS. SECOND ALTERNATIVE TO COUNT 86: CORRUPTION The accused Is guilty of the crime of contravening the provisions of section 3 {a} (i) fo (iv) READ WITH THE PROVISIONS OF SECTION 1, 2, 24(1) AND 24(1) OF PREVENTION AND COMBATING OF CORRUPT ACTIVINES ACT, ACT 12 OF 2004 In that upon or ckout 23 April 2011 and at or near Mbombela in the Regional Division of Mpumalanga the accused did wrongfully and infentionally, clirectly orindirectly accept or offered to accept gratification In the form of an amount ‘of R1000 000.00 pad to Nkgalema Properties from any other person, to wit SINGWANE & Partners and / or Yusi Willem Magaguia or Bongani Louis Henry7 Siblya whether for the benefit of himself / herself or for the benefit of another person, In order ta act, personally er by influencing another person to act ina manner sof out in section 3 {a} (I), {H), {Ii} ane {iv}, to wit, to wit In order to improperly influence In any way (0 (th the appointment and / or extension of oppolntment of SINGWANE & Poriners by the Bepariment ef Human Setliement to render conveyancing services for acquisition of NAAUPOGRY ang RIETSPRUIT farms: or extension of scape of werk for MSA-JV oF SINGWANE & Partners by the Deparment ef Hurnar Settiements to render conveyancing services for acqublilon of NAAUPQORT cind RIETSPRUIT forms, the agreement between DHS. Emalahieni Local Munielpallty and Johan van onder oF Il) the sale agreement between DNS, Msugellkwa Municipality and Bongivelll CC, {v} requesting er reeemmending er insirveting thot payment be mace to BONGIVEL! CC by the DHS. COUNT B7: MONEY LAUNDERING IN CONTRAVENTION OF SECTION 4 OF PREVENTION OF ORGANISED CRIME ACT, ACT 121 GF 2998 (In ferns of section 186 of Act 51 of 1977 against Accused 6, 8, 16, 11, 12, 14, 17 and 18 ently)8 WHEREAS the amount of Ri milion paid by SINGWANE & Partners on 23 Aprit 2011 to Accused 17 is or constituted or formed part of proceeds of unlawful activities; AND WHEREAS the accused knew or ought reasonably fo have known that the said amounts were or formed part of the proceeds of unlawful activities; NOW THEREFORE the accused are guilty of the offence of contravening Section 4 read with sections | and 8 of the Prevention of Organised Crime Act, 1998 {Act 121 of 1998); IN THAT upon or about 23 April 2011, and at or near Mbombela in the Reglonat Division of Mpumalanga the accused entered into an agreement with each other and or any other person and / or engaged In arrangements or transactions and /or performed acts with the cimount of R1 000 000.00, which had or were likely to have had the effect of- - Concealing or disguising the nature, source, location, clisposition or movement of the sald amounts of money er ownership thereof or any Interest which anybedy might have had in respect thereef and / or: * Enaibling or assisting any person whe hes semmitted an offence to avoid prosecution and/or to remove or diminish the money acquired directly as G result of the commission of a crime. COUNT 88:79 ACQUSITION OR POSSESSION OR USE PROCEEDS OF UNLAWFUL ACTIVITIES IN CONTRAVENTION OF SECTION 6 READ WITH SECTIONS 1 AND 8 OF ACT 121 OF 1998 (In ferms of section 156 of Act 51 of 1977 against Accused 8, 16 and 17) WHEREAS the amount of R1 000 000 paid on or obout 23 April 2011 to Accused 16 and 17 is and / or formed part of the proceeds of unlawful activities of ‘another person or persons; AND WHEREAS the accused acquired, were in possession of or used the said ‘amount of money; NOW THEREFORE the accused arg gullly of contravening Section 6 read with Sections | and 8 of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998); IN THAT upon or about 23 April 2011 and at or near Mbombela in the Regional Division of Mpumalanga the accused did yniawfully aequire, have in their possession of or use the aferesaid amauni of maney knowing or having ought reasonably to have known that the amount of RI 290 000.00, or any part thereof was or formed prt of the proceeds of unlawful aetivitles of another person. COUNT 87; ASSISTING ANOTHER TO BENEFIT FROM PROCEEDS OF UNLAWFUL ACTIVITIES IN CONTRAVENTION OF SECTION § READ WITH SECTIONS 7 AND & OF ACT NO. 123 ‘OF 1998 (in terms ef section 184 of Act §1 of 1977 agatnst Accused 4, 10, 11, 12 and 18 only)80 WHEREAS the amount of R! 000 000 paid by SINGWANE & Partners to Nkgalema Properties Is or was and / or formed part of the proceeds of unlawful activities; AND WHEREAS the accused assisted any person oF persons to wit Sandile Nkos! ‘of Bongani Thomas Bongo and / oF person or persons unknown to the State to benefit from the said amount; NOW THEREFORE the accused are gully of the offence of contravening Section $ read with Sections | and 8 of the Prevention of Organised Crime Act, 1998 [Act 121 of 1998); IN THAT upon or about 23 April 2011 and at or near Mpambela in the Regional Division of Mpumalanga the accused did unlawfully assist Sandile Nkos! or Bongani Thomas Bango and / or person or persons whose identity or identities is or are to the state unknown fo beneflt trom the proceeds of uniawful activities knowing or having ought resonably fo have known that the aforesaid amount of money was or formed part of the proceeds of unlawful activities. COUNT 90: FRAUD (In terms of section 156 of Act $1 of 1977 sigainst Accused 7 only) 81.1. the accused declared salary pad by DHS as his single source of Income. 81.2 the accused had a legal duty to dlisclose to the DHS and / or Public Service Commission incame from sources other than his salary. 81.3 nondisclosure of financial benefis and obligations constitute tmisrepresentation to the DHS and / or Public Service Commission.81 81.4 the accused purchased interior cupboords valued at R801 708.00 at MF HI and paid R 561 667.93 in cash in five (5) instalments as set out in Schedule 4 hereto. 81.5 the amount of R561 667.93 emanate from sources other than the bank accounts of the accused. Schedule 4 [Eotumn A | Column | Column c Eolumn BD Count Date ‘Amount Method of payment to MFHI a ~*/Te707/2012 | RIC0 000.00 Cash - ai TS/O8/2012 | R205 000.00 Cash 82 13/08/2012 | R100 600.00 Tash en 8s 23/08/2012 | R100000,00 Cash te [Ba TOIT [RET 647 9S Fceche iene CUE Erte] VFGTAL TR BST G79 eee NOW THEREFORE the accused Is gullty of frauck In that during or abeut the period 2012 te 2013 and af or near Nelspruit (Mbombela) in the regional division of Mpumalanga the aecused did unlawfully, falsely and with Intention to defraud give forth and pretend to officials of the DHS, Mpumalanga and / orto the Executive Authority of the DHS Mpumalanga and / or to the Public Service Commission that:82 1, During the financial disclosure periods for the years 2012 to 2013 the salary and stipends received from the DHS were his only sources of income. 2, The financial disclosure forms for the yeors 2012 te 2013 submitted to the DHS ond / or to the Executive Authority of the DHS and / or to the Public Service Commission are bona fide. And did there and then by means of the afaresald misrepresentatian, induce DHS and/or Its officials and / or lis Exseutive Authority and / or Public Service Commission to belleve the said misrepresentations and to act thereupon to their prejudice, actual or potential, Whereas the aecused at the time when he made cforesaid misrepresentations well knew that 3, During the finencial disclosure periods for the yeors 2012 to 2013 the sclary and stipends reesived from the DHS were not his only sources of income. 4, The financial disclosure forms for the years 2012 to 2013 submitted to the DHS and / or to the Executive Authority of the DHS and / or to the Public Service Commission are not bona fide,