By Johnathan Paoli
A Hawks investigator has admitted that police made a mistake during an undercover operation targeting suspected corruption linked to the theft of R1.5 million by a Johannesburg metro police officer.
Warrant Officer Phuti Eric Mashala faced tough questions at the Madlanga Commission on Friday about why investigators revealed details of their operation to a fellow Hawks officer suspected of involvement in an attempt to bribe them.
The commission heard that investigators had an opportunity to recover money allegedly intended as a bribe, but instead tried to recruit the officer into their undercover operation.
ALSO READ: Illegal cigarettes in SARS’s sights as new tracking system looms
The investigation dates back to August 2023, when Johannesburg Metropolitan Police Department (JMPD) officer Eric Mphahlele allegedly stole R1.5 million from businessman Nawazish Ali Raja during a roadside stop.
Raja and his wife were travelling along Crownwood Road towards China City in Johannesburg when Mphahlele stopped their vehicle.
According to Mashala’s testimony, the businessman was carrying the cash to purchase stock for his business.
Mphahlele allegedly searched the vehicle, discovered a bag containing the money and placed it in his patrol vehicle.
He then instructed the couple to follow him to Johannesburg Central Police Station.
However, instead of driving to the police station, he allegedly changed direction and disappeared with the money.
ALSO READ: Council of the Left opens door to ANC in bid to unite black political parties
The incident was reported to police, and Mashala was subsequently appointed to investigate the case.
The JMPD has since confirmed that the officer was convicted and imprisoned.
The commission heard that the investigation also uncovered an alleged attempt to bribe the Hawks officers handling the case.
JMPD Inspector Emma Phakoane, senior JMPD officer Tintswalo Rikhotso and Hawks Captain Matimu Mabunda were implicated in allegations that money was offered to investigators to interfere with the case.
These allegations had previously been presented to the commission by JMPD official Elmarie de Beer, who testified in September about suspected corruption within the department.
According to that earlier evidence, investigators were allegedly offered R550,000 to compromise the investigation.
During Friday’s proceedings, the commission also received an affidavit from Phakoane confirming that about R500,000 had been handed to Mabunda. This was a separate amount from the R550,000 previously alleged.
Mashala’s testimony focused on how investigators handled their dealings with Mabunda, who was allegedly involved in arranging a payment.
He told the commission that Mabunda had indicated she was in possession of money connected to the alleged bribery.
However, rather than immediately arranging to recover the cash and arrest her, investigators discussed involving Mabunda in an undercover operation conducted under Section 252A of the Criminal Procedure Act.
The provision allows police to use undercover operations and traps to investigate suspected criminal activity, subject to legal safeguards.
Commissioner Sesi Baloyi questioned why investigators would reveal details of their operation to someone who, by her own account, was already involved in the alleged bribery attempt.
“The difficulty that is being raised with you is why do you at that point still discuss with her that she should turn and be part of your operation when on what she’s telling you she’s involved in passing money or the bribe from Rikhotso to you,” Baloyi said.
Mashala explained that investigators had intended to establish whether Mabunda had the cash and arrest her when she produced it.
He conceded, however, that they had made a mistake in how they approached her.
Commissioner Sandile Khumalo was more critical, suggesting that investigators had undermined their own chances of recovering the money.
“It looks like you and your colleagues sabotaged the whole 252 operation because the money was there, the person had the money, all she had to do was give it to you and you arrest her but when you said to her she must join the 252 then she backed out and the whole thing collapsed,” Khumalo said.
Khumalo was referring to the Section 252A operation, which appeared to have collapsed after investigators attempted to recruit Mabunda rather than recover the money she allegedly possessed.
Commission chair Justice Mbuyiseli Madlanga also questioned why Mashala’s written statement did not clearly explain that investigators believed Mabunda already had the money.
Madlanga said the statement instead suggested that police were trying to recover the cash through Mphahlele, using Mabunda as an intermediary.
This differed from Mashala’s explanation that investigators had intended to arrest Mabunda when she handed over the money.
When Madlanga asked why this information had not been included in his statement, Mashala could not explain the omission.
The testimony raised further questions about how the Hawks handled the attempted bribery investigation and whether their actions undermined an opportunity to recover the money and arrest those involved.
The commission continues.
