The sentencing proceedings of a police officer and his accomplice accused of defrauding the Road Accident Fund (RAF) have been delayed due to pending presentence reports.
The case of Komga Warrant Officer Mandlenkosi Njekanye, 50, and Xolani Somtsewu, 45, who were convicted of coercing police officers to change an accident report so they could claim RAF money was back in the East London specialised commercial crimes court where it was postponed on Monday.
RAF senior manager Marius Werner is expected to testify in aggravation of sentence.
Njekanye and Somtsewu were convicted on March 24 for fraud and defeating the ends of justice relating to trying to make off with millions of rand in RAF money.
The two were arrested by the East London Hawks’ serious corruption investigation unit on November 22 2023.
The Hawks investigations revealed that the RAF almost lost more than R5m in cash in the claim.
Somtsewu, driving a Nissan NP300 bakkie, was involved in a fatal accident on the N2 highway near Komga on December 31 2020 which claimed the life of a passenger.
Somtsewu, on the other hand, sustained a broken arm and a few cuts and bruises.
Police at the scene attributed the accident to a burst tyre and an inquest docket was opened, Hawks spokesperson Warrant Officer Ndiphiwe Mhlakuvana said.
He said a year after the incident, Somtsewu and Njekanye went to the Komga police station where they “instructed the officer on duty to change the accident report content to enable them to claim from the RAF”.
“The official initially refused, but was ultimately coerced, and the cause of the accident was changed to Somtsewu’s new version, where he claimed to have swerved to avoid an oncoming vehicle.
“When the complaint was lodged, the RAF scrutinised the two statements and discovered the discrepancies.
“The RAF repudiated the claim; hence the matter was referred to the Hawks for probing.
“The investigations by the Hawks established that Njekanye and Somtsewu colluded in an attempt to claim for an accident by changing the accident report that would have prejudiced the RAF to a cash value of nearly R5m,” he said.
The two men will be back in the dock on September 30.
In the same court, Vuyani Vuyisile Yeko, Thabo Thango Mlonzi and Dean Yeko appeared facing charges of fraud for allegedly trying to defraud the RAF.
It is the state’s case that on August 5 2019, tavern owner Yeko and Mlonzi, his employee, were involved in an accident.
Yeko was allegedly driving the vehicle which overturned and hit an electric pole.
Yeko was injured and trapped in the vehicle while Mlonzi escaped uninjured.
After Yeko was discharged from the hospital, it is alleged he, Mlonzi and Dean Yeko decided to make false statements in a bid to defraud the RAF, with Yeko allegedly making a statement that Dean was the driver.
Dean also reportedly gave a statement that he was the driver while Mlonzi gave another statement that all three were in the vehicle.
In July 2021, a claim of more than R3.8m was lodged with the RAF on instruction of Yeko for past and future medical expenses, general damages, and past and future loss of income.
It is the state’s case that Yeko was to blame for the accident and all accused acted in common purpose to defraud the RAF.
Daily Dispatch
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