Seven suspects charged with intimidating and extorting money from long-distance bus operators travelling between the Eastern Cape and the Western Cape will remain in custody for their trial.
Siyanda Dyantyti, Bonke Makalala, Simphiwe Mtshala, Mzuvukile Mbiyo, Gwendoline Mazele, Siphelele Kwaza and Simphiwe Gxumayo face 156 charges, including:
- racketeering;
- extortion;
- attempted extortion;
- intimidation;
- money-laundering;
- kidnapping;
- interference with essential infrastructure;
- contraventions of the Prevention of Organised Crime Act (Poca); and
- failure to submit tax returns in contravention of the Tax Administration Act.
National Prosecuting Authority spokesperson Eric Ntabazalila said Makalala did not apply for bail. His co-accused provided details of their fixed residential addresses, family ties and business interests, submitting that their continued detention would negatively affect their families and livelihoods.
Most are involved in the taxi industry, while Mazele operates a funeral business and allegedly works closely with Makalala.
Several of the accused have no previous convictions, pending cases or outstanding warrants of arrest, the Cape Town court heard.
Compliance was allegedly enforced through threats, intimidation and violence
However, the personal circumstances of Dyantyti differ significantly. He has a previous conviction for contravening the Arms and Ammunition Act and faces pending charges in the Mthatha regional court, including:
- robbery with aggravating circumstances;
- attempted murder;
- possession of unlicensed firearms and ammunition;
- possession of a prohibited firearm; and
- causing an explosion.
A warrant for his arrest was issued on March 4. He also has three pending matters in Cape Town involving assault and assault with intent to do grievous bodily harm. A further warrant for his arrest was issued on March 5.
After their arrests between March 27 and 29, the accused initially challenged the validity of the centralisation certificate and sought to have the matter struck from the roll.
Senior state advocate Nico Breyl successfully opposed the application, enabling the commencement of the schedule 5 bail proceedings, in which the accused bore the onus of proving their release would be in the interests of justice.
The state relied on an affidavit by the investigating officer, W/O JC September, who outlined the findings of an extensive investigation conducted under Project Tsitsikamma. The investigation allegedly uncovered a co-ordinated racketeering enterprise involving taxi owners and members of taxi associations, including Cata, Codeta, Uncedo and the Natal Spruit Taxi Association.
The alleged criminal enterprise systematically targeted long-distance bus companies, including:
- Intercape;
- Eagle Liner;
- Greyhound/Eldo Coaches;
- Chilwans Transport;
- Vila Mora/Intercity; and
- Williams Transport.
According to the state, the accused demanded protection fees from bus operators in exchange for allowing buses to operate safely on routes shared with taxi operators and to avoid attacks by members of the taxi industry.
Magistrate Reaz Khan ruled in favour of the state, finding there was a likelihood the accused would intimidate witnesses if released
Compliance was allegedly enforced through threats, intimidation and violence.
The accused are alleged to have disrupted operations through attacks on buses and threats directed at passengers, while laundering the proceeds through third-party bank accounts.
Breyl argued the state’s case is supported by:
- complainant affidavits;
- corroborating witness statements;
- financial and banking records;
- communication evidence;
- records of co-ordinated meetings;
- information obtained from the Financial Intelligence Centre and the South African Revenue Service; and
- evidence relating to money-laundering transactions.
He submitted that the evidence points to a sustained and co-ordinated pattern of organised criminal conduct rather than isolated incidents. He argued the accused face the prospect of lengthy prison sentences if convicted, providing a strong incentive to evade trial. The state also presented evidence linking each accused to the alleged offences and outlining the specific role each allegedly played within the enterprise.
Magistrate Reaz Khan ruled in favour of the state, finding there was a likelihood the accused would intimidate witnesses if released. The court noted many of the accused allegedly communicated directly with complainants and were aware of their identities and business operations.
The court further found the state had established a strong prima facie case against the accused. While the accused elected to place evidence before the court by way of affidavit, they did not challenge the substantive allegations advanced by the state. Khan noted the bona fides and reliability of their affidavits could not be tested through cross-examination.
Consequently, the court found the accused had failed to take the court into their confidence and had not discharged the onus of demonstrating the interests of justice permitted their release on bail.
The matter was postponed to July 20 to allow the state to finalise its financial investigations and apply for a Poca certificate.
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