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Arthur Fraser Affidavit

Arthur Fraser Affidavit

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100% found this document useful (1 vote)
666K views48 pages

Arthur Fraser Affidavit

Arthur Fraser Affidavit

Uploaded by

Daily Maverick
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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WITNESS STATEMENT |, the undersigned, ARTHUR JOSEPH PETER FRASER, do hereby make oath and state: INTRODUCTION 1. lam an adult South African male and the complainant herein. 2, Over the years | have served in various positions both in the government of the Republic of South Africa and in the private sector. 3. Most recently, | served as the National Commissioner for the Department of Correctional Services (‘DCS’), a position | served in from 18 April 2018 to 26 September 2021. 4. Immediately prior thereto, | served as the Director-General: State Security Agency (‘SSA’) with effect from 26 September 2016 until 17 April 2018. | previously also served as the Deputy Director-General: Operations in the National Intelligence Agency (‘NIA’) from December 2005 until November 2010 and as the Provincial Head: Western Cape from 1998 to 2004 5, By virtue of my experience, my advice is regularly sought in relation to security and intelligence matters. Similarly, unsolicited information is also regularly brought to my attention by various people and entities. PURPOSE OF STATEMENT 6. 7. | attest hereto solely in pursuance of requesting the South African Police Service ('SAPS") to investigate the conduct of the President of the Republic of ‘South Africa, President Matamela Cyril Ramaphosa (‘President Ramaphosa’ and or ‘the President); the Head of SAPS' Presidential Protection Unit, Major General Wally Rhoode (‘Major General Rhode’); and that of others, which, inter alia, amounts to money laundering, in contravention of the Prevention of Organised Crime Act No. 121 of 1998 (‘POCA’) and corruption, in contravention of the Prevention of Corrupt Activities Act No. 12 of 2004, as a result of information, documents, photographs and video footage that has been brought to my attention. | appreciate that it is no small matter to lay criminal charges against a sitting President, but | am guided by the dictates of the interests of justice and our Constitution. BACKGROUND On or about 9 February 2020, trespassing and housebreaking occurred at the main farmhouse at Phala Phala, a wildlife farm situated in Bela-Bela, Limpopo, which is privately owned by President Ramaphosa, during which incident large undisclosed sums of United States Dollars (‘US$’), concealed in the furniture in Da. 10. "1 12. 13. the main farmhouse had been unlawfully removed from the President's premises by the assailants. The incident was not officially reported to the police to investigate. However, President Ramaphosa instructed Major General Rhoode to immediately investigate the incident, to apprehend the suspects and to retrieve the stolen uss. Major General Rhoode subsequently acquired the services of a local farmer with investigative experience and capabilities to assist him with the investigation. Major General Rhoode immediately, illegally, constituted a team, consisting, inter alla, of former SAPS members and serving members of SAPS' Crime Intelligence Unit, along with the local farmer to investigate the matter at the instance of President Ramaphosa The team, as | have been advised, collected video and photo evidence; interviewed the domestic worker concerned and some of the suspects; recovered some of the stolen loot and obtained documentary proof of how some of the stolen US$ had been spent by the alleged perpetrators. Some of the videos, photographs and documents to whioh I refer herein, were handed tome by one of the members of the investigative team. In addition to the above, | was also informed of the following by a member of Major General Rhoode’s team: Oo 134 13.2 13.3 134 One of the domestic workers employed at Phala Phala discovered undisclosed sums of US$ concealed in the furniture of the President's residence on the farm. The domestic worker hails from an informal settlement in proximity to Phala Phala, known as Cyferskyl, which is predominantly occupied by Namibian citizens. Upon discovering the undisclosed sums of USS concealed in the furniture of the President's residence, the domestic worker conspired with members of Cyfersky! informal settlement who facilitated the following persons resident in Cape Town, namely, (i) Unbanus Lomboleni Shaumbwako (Mr Shaumbwako"), a Namibian citizen; (ji) Petrus Fikeipo Muhekeni (Mr Muhekeni’), a Namibian citizen; (ii) Erkki Shikongo (‘Mr Shikongo’), a Namibian citizen; (iv) manuwela David (‘Mr David’), a South African citizen; and Petrus Aftikaner (‘Mr Afrikaner’), a Namibian citizen, to break into the President's residence at Phala Phala to steal the US$ concealed in the furniture in President Ramaphosa’s property. ‘The assailants untawiully entered the perimeters of Phala Phala farm at approximately 22h17, 9 February 2020, by cutting the wire perimeter fencing, after which they surreptitiously approached the President's residence. (A copy of a topographical image depicting Phala Phala; places where the fences were cut; and where visible spoor were found, as handed to me is annexed hereto marked 'AF 1’; whista picture depicting a cut fence, which was also handed to me, is annexed hereto marked ‘AF 2’) 2 13.5 13.6 137 13.8 Entry was gained through a window on the ground floor of the President's main residence on the farm. (A copy of a picture in confirmation hereof, which was handed to me, is annexed hereto marked ‘AF 3') ‘The breakin to the President's residence at Phala Phala was captured by both external Security Cameras strategically situated outside the farmhouse and intemal Security Cameras strategically situated inside the President's residence. (Security Camera Footage from external Camera 1 at 22h14:14s depicting two of the assailants outside the premises and the voices of investigators viewing the footage is annexed hereto on a removable flash drive, marked ‘AF 4', The removable flash drive also contains Security Camera footage from external Camera 1 at 22h17: 01s depicting one of the assailants on the outside of the premises; Security Camera footage from extemal Camera 4 at 0033: 345 depicting two of the assailants on the outside of the premises removing the window where entry was gained into the premises and which contains the voices of investigators viewing the footage; Security Camera footage from intemal Camera 1 and another undisciosed intemal camera depicting some of the assailants inside the premises at around 1h44:08s, The Securit Camera footage referred to herein was also handed to me by a member of Major General Rhoode’s team) ‘The alleged perpetrators subsequently ransacked the President's residence at Phala Phala by removing the undisclosed amount of US$ that was concealed in the furniture in the residence. ‘The perpetrators thereafter immediately returned to Cape Town. J 13.9 13.10 13.11 43.12 13.13 13.14 13.16 ‘Although there was not any certainty as to the precise amount of USS stolen from the President's residence, the quantum was speculated to be in the region of approximately USS4 million to USS 8 million. Stafi members, including the domestic worker, were interrogated at the President's residence at Phala Phala. (A picture of the domestic worker is annexed hereto marked ‘AF 5'. The picture was purportedly taken by members of Major General Rhoode's investigating team on the day the domestic worker was interviewed). The domestic worker was subsequently initially dismissed from her employment at Phala Phala, but was later reinstated following discussions between President Ramaphosa and the domestic worker's father. Upon reinstatement the domestic worker was paid an amount of R150 000 (One Hundred and Fifty Thousand Rand) cash in lieu of her undertaking not to divulge any information of what had tanspired at Phala Phala. This notwithstanding, residents of Cyfersky! informal settlement knew about the theft that had taken place at President Ramaphosa’s farm. | annex hereto as ‘AF 6’ 2 picture of a further suspect that was interrogated whilst handou‘fed in the President's residence at Phala Phala. ‘The investigating team constituted by Major General Rhoode traved some of the alleged perpetrators back to Cape Town where they were apprehended under the ruse of an official police investigation and were interrogated. Copies of the alleged suspects’ identification documents were obtained (which were also handed to me). Attached hereto are copies the following: 13.17 13.18 13.19 43.16.1. The Namibian Passport of Mr Shaumbwako, marked ‘AF 7°; 4.16.2 The South African Driving Licence of Mr Shaumbwako, marked ‘AF 8; 43.16.3 The South African Identity Document of Mr Shaumbweako, marked AF 9"; 43.16.4 The South African Identity Card of Mr Mukekeni, marked ‘AF 10°; 43.16.5 The Namibian Passport of Mr Shikongo, marked ‘AF 11”, 43.16.6 The South African Identity Card of Mr David, marked ‘AF 12, 43.16.7 The South African Driving Licence of Mr David, marked ‘AF 13°; and, 43.16.8 The Namibian Identity Card of Mr Afrikaner, marked ‘AF 14"; ‘The stolen US$ were exchanged for South Aftican Rands at an informal foreign exchange service ordinarily run by persons of Chinese nationality, situated at 25 Hout Street, Cape Town. (A copy of a photograph of the said business is annexed hereto marked ‘AF 15’) The alleged suspects had thereafter commenced spending the stolen loot on various high-end purchases and cash deposits into bank accounts. (Attached hereto is a copy of a handwritten note complied by one of the investigators in the team constituted by Major General Rhode, marked ‘AF 46", which provides a scant breakdown of how some of the money was spent). (On 14 February 2020 Mr Mukekeni had purchased a 2019 Ford Ranger 2,0TDCi Wildtrak 4x4 bakkie, which he insured through King Price Insurance. (Copies of the relevant documents in confirmation hereof, d 13.20 13.21 13.22 13.23 13.24 Including @ photograph, is annexed hereto and respectively marked, ‘AF 47(1) to AF 17(3). On 15 February 2020 Mr Shikongo transferred R300 000-00 (Three Hundred ‘Thousand Rand from his Gold Cheque Account held at First National Bank to Barons, Culemborg and a further R415 000-00 (Four Hundred and Fifteen ‘Thousand Rand), again to Barons, Culemborg on 16 February 2020. Copies of the transactions are annexed hereto respectively marked ‘AF 18! and ‘AF 49. ‘A red Volkswagen GTI was subsequently registered in Mr Shaumbwako's name on 19 February 2020. Copies of the relevant documents are annexed hereto marked ‘AF 20. and ‘AF 21’, Attached hereto are three further pictures of some of the suspects with new vehicles, marked ‘AF 22 (1)' to ‘AF 22(3)'. Also included in the removable flash drive (marked 'AF 4 herei isa video of one of the suspects and a red Volkswagen Golf with registration number CAA 148 - 218 ‘Another suspect was traced and found to have fied to Namibia. President Ramaphosa sought the assistance of the President of Namibia, President Hage Geingob in apprehending the suspect in Namibia, This resulted in Major General Rhoode traveling to Namibia where the suspect was interviewed and stolen monies seized from him. Major General Rhoode had travelled to Namibia utilising offictal government resources and had not been legally processed through border control to have left the country nor that he retumed to the country. 13.25 13.26 13.27 13.28 13.29 ‘Aperson named Mandia Ofentse had sent a message to an unknown person ‘on or about 27 February 2020 advising '! have information about those who stole in phala phala but scared for my safety.’ A copy thereof is annexed eto marked ‘AF 23° ‘A message was forwarded to Major General Rhoode containing pictures of ‘one of the suspects. A copy of the screenshot of the telephone in confirmation thereof is annexed hereto marked 'AF 24’ Numerous screenshots of text messages between a woman named Precious Moloto (who seemed to know the alleged suspects and investigators) and unknown persons, detailing attempts to trace the suspects in relation to the theft at Phala Phala is annexed hereto marked ‘AF 25". After interrogating Mr Shaumbwako; Mr Muhekeni; Mr Shikongo; Mr Davi and Mr Afrikaner, Major General Rhoode's team confiscated large sums of money and valuables from these suspects. Major General Rhoode and his team, on the instruction of President Ramaphosa paid Mr Shaumbwako; Mr Muhekeni; Mr Shikongo; Mr David; and Mr Afikaner R180 000-00 (One Hundred and Fifty Thousand Rand) each in cash to conceal the events that took place at Phala Phala on 9 February 2020. 44, As the first citizen of the Republic of South Africa, President Ramaphosa has a duty to uphold and respect the rule of law, due process, our constitutional values and most importantly, his oath of office, President Ramaphosa took an oath to protect and uphold the Constitution and the laws of the Republic. The same applies to Major General Rhode. 15, 16. 47. 18. 10 ‘The mere fact that President Ramaphosa had large undisclosed sums of foreign currency in the form of USS concealed in his furniture at his Phala Phala residence is prima facie proof of money laundering in contravention of section 4 of the Prevention of Organised Crime Act No. 121 of 1998 (‘POCA’). In this regard it is prudent for the SAPS to establish the origins of these large sums of foreign currency. The President's conduct may also amount to a contravention of section 36 of the General Law Amendment Act No. 62 of 1955 (i.e. unexplained possession of suspected stolen goods) and contraventions of our various fiscal, currency and exchange control and custom and excise laws and regulations. Similarly, Major General Rhoode's conduct in assisting both President Ramaphosa; Mr Shaumbweko; Mr Muhekeni, Mr Shikongo; Mr David; and Mr Afrikaner, fails foul of section 5 of POCA. “The payment by President Ramaphosa, Major General Rhoode and his team of 150 000 (One Hundred Thousand Rand) in cash each to the domestic worker; Mr Shaumbwako; Mr Muhekeni; Mr Shikongo; Mr David; and Mr Afrikaner to not divulge any information in relation to the huge sums of USS taken from President Ramaphosa's Phala Phala residence, where same was concealed, not only amounts to corruption in contravention of the Prevention of Corrupt Activities Act No. 12 of 2004, but is also intended to defeat and/or obstruct the course of justice. Itis further evident from the conduct of Major General Rhoode and his team, acting at the instance of President Ramaphosa, having forcefully interrogated the alleged suspects, that their conduct amounts to kidnapping, in that they unlawfully and intentionally deprived the alleged suspects of their respective personal freedom of movement and constitutional rights. i CONCLUSION 49. In light of the above information which was brought to my attention, | request the SAPS to investigate the allegations herein gr reiterate Py availability to render any further assistance herewith as may fe reaui sasTNYo THE CONTENTS OF THS STATEMENT FON TA TARING THE PRESCALBED OATH FRESOR|GEO OATH TO BE BNONGONMY ARTHUR JOSPEH PETER FRASER 12 | HEREBY CERTIFY That the deponent has acknowledged that he knows and understands the contents of this affidavit, which was signed and swom to before me, a Commissioner of oaths, et (Ceselarte on this the ‘st day Of JUNE 2022, The Regulations Contained in Government Notice No. R1258 Of 21 July 1972, As Amended, And Government Notics No. 1648 Of 19 August 1977, As Amended, Having Been Complied With, SIGNATURE FULL NAMES: COMMISSIONER OF OATHS REPUBLIC OF SOUTH AFRICA EX OFFICIO: RANK: = Suns SRS aopress: VS" — vale OS “ 5 E DENS ose ROSEBANK ID-AFRIKAANSE POLS] REPUBLIC OF NAMIBIA i See ononutte e ~ NAM poTe38G0. : SHAUMBWAKO ‘ f URBANUS LOMBOLEN! . j NAMIBIAN , OS AUGIAOUT 83 83080510283 a BRANDIS 0 suLaUIL 17 MiRISTRY OF HOME AFFAIRS ; a@ uf iA des Windmeut inye *MgIneering & -., CARA OR CONDUC AS: UL. SHAUMBHAKG Whe O02 /B30H05b Birt Licente Names Vale: Ke Dace Venice rectriction 0 Fite epee Syoes Fring vere: ee ane syou/2020 LD. No. 830805. 6333.1 PULL 1 NIE S.A.BURGER/NON ‘SHAUMBWAKO = =e ue ORBANUS LOMBOLENT : eee ans os DATUM UTGEREKK XTE ISSUED 2003- 12- v “AF L7 REPUBLIC OF NAMIBIA ORDINARY PASSPORT PASSEPORT ORDINAIRE ERKKI 02 NOVINOV 79 Nf qeemcone BAUGAUT 17 MINISTRY OF HOME AF" Meena Sgusetionnce a REPUBLIC OF NAMIBIA NATIONAL IDENTITY CARD 860901 0064 1 é . AFRIKANER gent NAM PETRUS - D. a 7 25 Hout St MARES. Lom Pou) SHOU ene sebaebed Suap 2 Qrcnees been sete Gen ape 12 for ese fick byes RAS fi Dp ubecn 67 Jloew Gy pvt, Onis teres pels A “AF19-2" | ae is rr pnoataaa, / burppe ovat athe OaAN SRE suytiesdo 964 tt 6 Suyrerguoa Wouzraso ror umoz adep 30 ARtD rrzgnrostosoorootzovegonv0sTe tt, . te-zorozor / Gat2 * tyadosd- 11098 btotdon peot 396i soe ave LnoK saya WTRONE amis -3" “AF 17 "AF18 NOILYOISILON 30 GN3 qBuowsis 103 —— 09 ogo LoeHY2 y-otwowug 4! 204013)03 apog uouea wueg awen syerea 240d quncwysnd worg waUked suseg s0ded eon NaWAVd JO NOILVOISILON a * om AF 20 a N USENSIESKYF Padvorkoorswet. 1996) ire ebit MOTOR VEHICLE LICENCE AND LICENCE S1SC National Road Traffic Act. 1996) UL SHAUMBWAKO 6950 MYICA ROAD LOWER CROSSROAD (Nasion PHILLIP CAPE TOWN 7785 shicle register number HTRO35K Voertuigresisto sence number CAA136496 Lisensi hicle identification number (VIN) WVWZZZAUZLW0 64509 Voertuigidentitikasienom gine number DgHOT7695 en ke VOLKSWAGEN ies name vw 370 - GOLF : ricle category Light passenger mv(less than 12 persons) Voertt ven Self-propelled / Selfgedrewe ‘icle description Hatch back / Luikrug Voertut 2 (T): kg/Roadworthy Test Date 1417 / Tarra (T): kgiPadwaardighel B118V041705000140020000220190122 5 Voertuigklass onal . itle Classification (NVC) stering authority City of Cape Town Regist rol number 1OOLOS6BPIVT ' of expiry 2021-01-31 apT pt_ number 100105632H6X_—, « action Licensing $ 2.2 / Lisensiering S ?-? paid RO.00 ‘aid R558.00 action fee paid R72.00 Trane amount paid R630.00 Tot 2020-02-19 ved by J KITSHOFF | . rd of payment Multiple adding / Veelvoudige optelling M er SENSIESKY AAN RSA “ no. 1001056BPIVT NA 2 yy y3 6496 durepaee. HTROBSK + Gut out aise and atfix to the 1. Knip d te WAM22ZAUZLWO64509 FeesGnse lower feft-hend corner on the err va inside of windscreen or disc holder as pet Regulation 36- I fepca to Ere, cvmevm — 2020k3 DIHO77E9S. taetore 1417 kg eawivant 12:31 x A Vehicle Circulatio. 164.151.129.231 HEC ts yale) Engine: CJX095445 Chassis: WVWZZZAUZGW178595, Ba] ys DAS) NS Ol s2aeL meee la Make: VOLKSWAGEN Colour: RED ID Nun HEeielctelstcscika tt Surname: SHAUMBWAKO Tair el Addr.1: 6950 MYICA ROAD Addr.2: LOWER CROSSROAD Addr.3: PHILLIPI *AF24-1" “AF22-L° *AF 22-7 Mandla Ofentse Mandla Ofentse 2 mutual friends Hafex Fredd Hiljah Malakia Hi how au Ihave information about those who stole in phala phala but scared for my safety al Vodacom 4G 19:31 B 54% ES. “AF ay AB Wally HS LA “AF 254. Text Only (20MB/day) E Precious Moloto © Bree 2 ig You're not connected on Facebook ® Hello & D Someone trying to help you, 7 are you aware they caught shooya now? a ares AF 252 ok Precious Moloto © BS o 2 | know the people working on this case, they have approched people i know to gry assist them. They have people they pay almost everywhere you guys were spotted to give them information when they see you guys x 4 © 8 8&8 B -# OK i Ewe 123 45 67 8 9 0 Q Ww eERTY Ul O P A S DF GH J KL *®@ z2xcvenm @ MTN-SA “all 86 « 2 is typing... | know the people working on this case, they have approched people i know to gry assist them. They have people they pay almost everywhere you guys were spotted to give them information when they see you guys Now they want to trap the one in limpopo because he wants to exchange his last dollars Im only telling you because i hate tjat they are usinv innocent people © 62% me 16:47 Text Only (20MB/day) Precious Moloto “AF 25 35 MENSA Sl Oss we 1636 Text Only (20MB/day) Precious Moloto «BSS ° Older messages The reason i can't call with my number is because your phones are monitored and that's how tbey know your locations and who you communicate with Your ex Asanda is the one feeding them most information about you because she says you changed on her and started cheating on her so she is bitter I can't say much here but i just wanted to give you heads up, its not safe If i get hold of screenshots i will send to you €- Text Only (20MB/day) o Precious Moloto Active now Now if shooya is weak he will reveal where all of you are Already i heard this vuys sayong they havs info that one guy is in limpopo and he wants to change his las dollars, one is in rusternburg etc The reason i can't call with my number is because your phones are monitored and that's how tbey know your locations and who you communicate with Your ex Asanda is the one feeding them most information about you because she says you O83 mies“ « yee) A PA8 1900-09) Precious Moloto is typing Everytime the small david tries to meet with imanuwela its because the guys sent him so that they can catch him since they say his everywhere and can't catch him Apparently one of you gugs was in namibia and only came back for court case “ail Fa = Text Only (20MB/day) € DP Precious Moloto © Active now When i called you i told you that they were looking for someone they got a tip of he was in parklands bjt you thought i wad crazy. Yoh could have saved him If i were you i would change my sim card and phone because that's how they trace all of you They are working with people from different networks so if they know your number they can easily check your ups and downs

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