The alleged kingpin of illicit gold mining, Bethuel Ngobeni, has skipped the start of his trial, nearly three months after his bail was revoked and a warrant for his arrest issued.
Ngobeni, a central figure in a multi-million-rand illicit gold enterprise uncovered in Carletonville and Khutsong according to the state, is now on the run and is a wanted man. Yesterday, the start of his trial alongside his co accused in the Pretoria high court was postponed to August 4 to give police time to track and re-arrest him.
His bail was revoked by the high court in November last year, more than year after it was granted by Oberholzer magistrate's court in Carletonville on a second attempt. The Pretoria high court heard that despite a warrant of his arrest issued on December 10 and being ordered to hand himself to police, Ngobeni could not be found.
Ngobeni, a Zimbabwean whose real name is believed to be Zingai Dhliwayo, is alleged to have stolen a 39-year-old Mpumalanga man's identity to run an illicit gold mining enterprise between 2018 until 2023.
The state alleges Ngobeni is an illegal gold trader who accumulated wealth and assets by apparently buying stolen gold-bearing material from mineworkers in Carletonville and selling them on the black market.
He is alleged to have splurged the money on buying cars, homes which have since been placed under preservation until the completion of his trial. According to the state, at one point in just seven months, Ngobeni went on a shopping frenzy – splashing R4,2m on six cars and two homes.
National Prosecuting Authority spokesperson Lumka Mahanjana expressed disappointment with the latest developments in the matter.
"It's unfortunate that after we as the state opposed bail and he (Ngobeni) however appealed and was granted bail and released. Today he didn't show up for trial," she said.
Ngobeni, Dumisani Moyo, Nhlanhla Magwaca, Moseki Sechele, Thabo Sechele and Khudzai Mashaya face several charges including trading in illicit gold, money laundering, fraud, racketeering, and violating the Immigration Act, among others. All of his co-accused were in court on Monday.
The state in its indictment has described Ngobeni as the syndicate's mastermind who acted as a first point of call for gold sellers.
On October 27 2023 magistrate Tebogo Tlhapi Thupaatlase granted Ngobeni bail on his second bid for freedom after claiming "new facts" in his case.
These included investigation delays in his case, the health of his child, and failure by department of home affairs to revoke his citizenship despite being accused of using a fake identity document.
The investigating officer told the court that Ngobeni is from Zimbabwe and that DNA tests have proved that he is brothers with one of his co-accused.
However on November 29, Pretorial high court judge Mokhine Mosopa revoked Ngobeni's bail stating that Thupaatlase had elected to ignore evidence before him and adding that no new facts had been presented to the court.
In his judgment Mosopa had said: "It is my considered view that the presiding magistrate (Thupaatlase) misdirected himself when releasing the respondent (Ngobeni) on bail and ignored evidence before him.
"All issues that delayed the matter have been finalised at the time of bail on new facts, safe for cancellation of the identity document of the respondent, and that the matter is currently transferred to the jurisdiction of the High Court. This aspect in my considered view even if viewed by the presiding Magistrate is a new factor, it lacked relevance for the determination of the bail application on new facts."
A source close to the case told Sowetan that Ngobeni never surrendered himself following the judgment and that a warrant of arrest was then issued. Despite their efforts to get Ngobeni behind bars, the source said, he has eluded arrest.
A Mpumalanga man whose identity Ngobeni is accused of stealing told Sowetan last year that his life has been turned upside down. The unemployed man who lives on a R350 grant and casual jobs, had never travelled outside of his province.
Ngobeni's lawyers who told the court they did know his whereabouts had not responded to questions from Sowetan at the time of going to print.
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