The National Prosecuting Authority (NPA) has amended the indictment against eight people accused of being part of an alleged illegal mining enterprise after the alleged kingpin, Bethuel Ngobeni, failed to appear in court for the second time.
Ngobeni, a Zimbabwean national whose real name is believed to be Zingai Dhliwayo, has been on the run since December after the Pretoria high court revoked his bail.
In February, he failed to appear in court and judge Portia Phahlane authorised his warrant of arrest.
The new indictment, which was handed to his co-accused on Monday, omits his name.
The accused – Lerato Bathebeng, Dumisani Moyo, Neo Duba, Poppy Mathongwane, 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. Bathebeng was Ngobeni's girlfriend.
It is believed that the accused ran a multimillion-rand enterprise in which they bought stolen gold-bearing materials, processed and sold them.
Ngobeni is the central figure in the enterprise that operated in Carletonville and Khutsong between 2018 and 2022.
The indictment alleged that Ngobeni was the mastermind (“kingpin”) of the enterprise and was the first point of contact for all the transactions.
“The undercover agents proposed to sell the stolen unwrought gold-bearing material to the members of the enterprise. An undercover agent would contact Ngobeni and inform him that he is in possession of the gold,” the indictment reads.
Ngobeni would then direct the undercover agents to contact Magwaca, Moyo and Mashaya as well as Charles Mapuya or Elijah Chikati (Mapuya and Chikita evaded arrest in 2022 and are believed to have fled to Zimbabwe).
Sowetan published a story in August last year of how Ngobeni had stolen the identity of a man from Mpumalanga.
The state alleges that Ngobeni splurged the proceeds of illegal mining on cars, and homes ... all of which have since been placed under preservation until the completion of his trial.
According to the state, Ngobeni spent R4,2m on six cars and two houses during a seven-month shopping spree.
The new 55-page indictment contains a list of 44 witnesses, including the SA diamond and precious metals regulator, the Hawks, and car dealership representatives, among others.
The judge ordered that Mashaya be transferred from Potchefstroom to the Kgosi Mampuru prison in Pretoria.
The matter was postponed to Wednesday.
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