Africa-Press – South-Africa. Six men described as the alleged ringleaders of illegal mining operations in the Carletonville area in Gauteng will spend the next few months behind bars before standing trial.
Magistrate Howard Raath denied bail to five of the men when they appeared in the Oberholzer Magistrate’s Court in Carletonville.
The court first dealt with the application by Eric Dumisa Moyo. Moyo claimed he was a South African citizen who had been born in Welkom in 1987. He said he attended Moremaphofu Primary School and Lephola Secondary School, both situated in Thabong, Welkom.
Department of Home Affairs immigration officer Mothusi Letsogo, however, disputed his testimony, adding that Moyo was dishonest to the court. He said he had gone to Bongani Hospital to trace Moyo’s birth records.
“The hospital’s CEO denied that Moyo was born at the hospital. The hospital denied ever admitting his mother in 1987. The hospital was opened in 1993, which [indicates] that he was never born at that hospital,” added Letsogo.
He said Moyo never attended the two schools. Letsogo then proceeded to the address in Thabong, which Moyo used to obtain his ID. The occupants said they bought the property in 2006.
“… their neighbour Tsotetsi Mafathe claimed he resided in the area since 1987 and didn’t know any Moyo residing next to his home.”
Letsogo said home affairs records revealed that Moyo, who also had a South African passport, frequently visited Zimbabwe between 2010 and 2021. His last trip to Zimbabwe was in April 2021 and he returned to South Africa on 19 May 2021, Letsogo added.
“I’ve concluded that he was not a South African-born citizen. Moyo obtained his documents fraudulently and through misrepresentation. He contravened the Immigration Act. Since the ID was fraudulently obtained, I have recommended to my seniors that his ID be closed,” Letsogo said.
Moyo’s co-accused – Bethuel Ngobeni, Nhlanhla Magwaca, Moseki Sechele and Thabo Sechele – pleaded with Raath to recuse himself from their bail applications. Khudzai Mashaya has since abandoned his bail application.
The men said they feared that Raath would be biased against them. Their lawyers submitted that the court might not be objective after ruling against Moyo. They questioned Raath’s remarks when he denied bail to Moyo, adding that he said “zama zamas are a problem in the country” and that “the charge sheet is impressive”.
The men believed the magistrate’s remarks put the court “in a position of bias”.
State’s reply
Prosecutor Tholoana Sekhonyana said there was no need for Raath to recuse himself from the case. Sekhonyana said Letsogo only testified about Moyo and not his co-accused.
She said:
Sekhonyana claimed that apart from how the accused were arrested, no facts showed bias against them.
“Moyo was also linked through video and audio evidence. For the [magistrate] to recuse itself, it must be perceived as biased. Their address was insubstantial.”
She continued that for the court to recuse, it should have a conflict of interest.
“… in this case, there is no bias or a conflict of interest. The magistrate does not know the facts of the case besides reading the charge sheet. The court also doesn’t know how the five applicants are linked. The application shouldn’t be entertained,” Sekhonyana added.
During the four men’s bail hearing, the court heard that Ngobeni, Magwaca, Moyo and Mashaya were also facing charges of being in the country illegally.
Ngobeni and Magwaca insisted they were South African citizens and had emotional ties to the country.
Letsogo disputed their evidence. Letsogo said his investigation found that both Ngobeni and Magwaca had fraudulently acquired South African identity documents.
He added that Ngobeni’s real name was Zingaiyi Dhliwayo, while Magwaca’s real name was James Sigaoke.
Ruling
Raath ruled that the applicants needed to provide proof of how the Sechele brothers accumulated profits through the electrical appliance distribution business owned by Moseki Sechele. Raath added that it appeared that the business was dormant.
He said it didn’t make sense that Ngobeni and Magwaca had properties that were registered in their girlfriends’ names.
“… this means that they are trying to hide the proceeds of the crimes committed,” Raath said.
He later denied bail to Ngobeni, Maqwaca and the Secheles.
The Secheles, Ngobeni, Magwaca, Moyo and Mashaya were allegedly on level 2 or 3 in the illegal mining syndicate. Levels 2 and 3 are responsible for buying precious metal-bearing material from zama zamas, processing it and selling it to level 4 and 5 members.
The men face charges of fraud, possession of ammunition, possession of drugs, money laundering and contravention of the Immigration Act and the Precious Metals Act.
It is alleged that the six men also illegally collected precious metals from disused and abandoned mines and processed and sold them. The proceeds from selling precious metals, including gold, were allegedly used to buy properties using false names.
During their arrest, the Hawks confiscated 14 high-performance vehicles and a truck. They were arrested at their homes around Carletonville.
The hearing will continue on 7 March 2023.
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