(Archive photo: Tania Heyns/Maroela Media)
On Wednesday, the National Prosecuting Authority (NPA) successfully opposed the bail applications of seven accused accused of allegedly intimidating long-distance bus operators and blackmailing them for money.
Bonke Makalala, Simphiwe Mtshala, Mzuvukile Mbiyo, Siyanda Dyantyti, Gwendoline Mazele, Siphelele Kwaza and Simphiwe Gxumayo are facing 156 charges, including extortion, attempted extortion, intimidation, money laundering, kidnapping, interference with infrastructure, violations of the Organized Crime Prevention Act and failure to file tax returns.
The charges against them follow after they were arrested between 27 and 29 March after they allegedly disrupted more than 150 long-distance buses traveling between the Eastern and Western Cape.
Eric Ntabazalila, spokesperson for the NPA in the Western Cape, says companies that include Intercape, Eagle Liner, Greyhound/Aldo Coaches, Chilwans Transport, Vila Mora/Intercity and Williams Transport have been targeted.
The state alleges that the defendants demanded protection money from bus operators in exchange for the buses being able to safely transport passengers on routes shared with taxi operators and to avoid attacks by members of the taxi industry.
“Compliance was allegedly forced through threats, intimidation and violence,” says Ntabazalila.
The accused are further accused of disrupting operations through attacks on buses and threats to passengers, while laundering the proceeds through third-party bank accounts.
The court heard that more than 150 incidents of violence and intimidation involving Intercape buses alone have been recorded since January 2021.
The state’s case is mainly built on ao. JC September, the investigating officer in the case,’s affidavit which detailed the findings of an extensive investigation carried out under Project Tsitsikama.
(Archive photo: Janice du Plessis/Maroela Media)
The investigation allegedly uncovered a coordinated extortion enterprise involving taxi owners and members of taxi associations, including CATA, CODETA, UNCEDO and the Natal Spruit Taxi Association.
According to Ntabazalila, Makalala did not apply for bail. In their applications, his co-accused tried to convince the court that their release would be in the interest of justice. They argued that they would not endanger public safety, evade trial, intimidate witnesses, undermine the criminal justice system or disturb public order and peace.
The court heard that most of the accused are involved in the taxi industry, while Mazele runs a funeral business and allegedly works closely with Makalala.
All the accused have indicated that they intend to plead not guilty and also asked the court to strike the case from the roll.
“Six of the seven accused have no previous convictions, pending cases or outstanding arrest warrants,” says Ntabazalila.
However, Dyantyti has a previous conviction for breaching the Firearms and Ammunition Act, aggravated robbery, attempted murder, possession of unlicensed firearms and causing an explosion.
A warrant for his arrest was issued on March 4 this year.
Ntabazalila says he also has three pending cases in Cape Town involving assault and assault with intent to cause grievous bodily harm. A warrant was also issued against him for this case.
(Archive photo: Isabel Venter / Maroela Media)
The state believes it has an exceptionally strong case against the accused supported by affidavits from the complainant, corroborating witness statements, financial and bank records, communication evidence, records of coordinated meetings, information obtained from the Financial Intelligence Center (FIS) and the South African Revenue Service (SARS), as well as evidence relating to money laundering transactions.
According to the prosecutor, the evidence indicates a sustained and coordinated pattern of organized criminal behavior rather than isolated incidents.
The prosecutor further argued that the defendants face the prospect of a long prison sentence if they are found guilty.
Ntabazalila says the state has also presented evidence linking each accused to the alleged offenses and detailing the specific role each is alleged to have played within the enterprise.
“The defendants maintain that the state has a weak case against them and have also offered no evidence to refute the allegations or explain their answers. The magistrate hearing the case ruled in favor of the state and that there was a possibility that the defendants would intimidate witnesses if they were released.”
According to the NPA, the court noted that many of the accused allegedly communicated directly with the complainants and were aware of their identities and business activities.
Some of the alleged acts of intimidation took place at bus depots operated by the complainants, who were themselves allegedly subjected to threats, violence, intimidation and extortion.
“Although the defendants chose to adduce evidence by way of affidavits, they did not dispute the substantive allegations advanced by the State. The magistrate noted that the bona fides and reliability of their affidavits could not be tested by cross-examination.”
The case against the accused was adjourned for further investigation until later this month.