Construction mafia suspects have previous convictions that were not disclosed

Two of five men charged with extortion after allegedly halting work at a construction site in KwaXimba in August have previous convictions that were not disclosed. 

That is according to warrant officer Sizwe Molapo’s evidence during a bail hearing in the Camperdown magistrate’s court on Monday.

Andile Jiyane, Elias Phetha, Nhlanhla Makhathini, Sibonelo Khanyile and Thabani Nkomo were arrested by the provincial reaction task team established to curb the construction mafia. 

The state alleges that on August 22 and 23 the suspects “induced fear in Cyril Ngcobo and Lungisani Nduli that no work would continue” at a bridge construction project in Msunduzi unless they were hired. The state is opposing bail. 

Molapo told the court that public order police officers arrested the five based on complaints from and identification by members of the public and site workers. 

Prosecutor Zwelethu Mata said that according to Molapo’s affidavit, the accused were driving a VW Polo on the first day of the disruption.

Molapo said the construction project was to fix infrastructure damage caused by flooding in KwaZulu-Natal.

Durban-based company WSM was awarded the contract.

Molapo alleged a group of about 30 people invaded the site on August 22, making demands they should be given the contract for security reasons and be offered jobs or the site should be shut down.

They also allegedly threatened employees and the site manager, who is a key witness. The group allegedly returned the next day, instilling fear in workers and the community at large.

Molapo said he believed if the accused were released there was a strong probability they would endanger the safety of the public and other businesses. He alleged during their disruption at the construction site they had blocked roads.

He said if the accused are found guilty, they were likely to face a minimum sentence of 15 years behind bars. 

Molapo told the court that Phetha and Khanyile were alleged to have convictions that they omitted to place on record.

He said Phetha had a 1996 rape conviction while Khanyile had a 2004 charge of assault with intent to do grievous bodily harm.

“They [the accused] are not trustworthy to their legal representative,” said Molapo.

He said since their arrests, work was progressing smoothly at the site.

“Close proximity of the applicants and witnesses can jeopardise the matter. Their release will have a direct impact on public order,” said Molapo.

Defence advocate Kevin Chetty questioned Molapo’s attempt to discredit his clients about undisclosed records and asked for a copy of the police document stating previous convictions. 

Chetty said his clients were not a threat to their community as all had lived in the vicinity of Esiweni in Cato Ridge for not less than 20 years.

“They have been residing in the same area and they don’t pose any flight risk. They don’t have travel documents,” said Chetty.

A strong security presence kept a watch on proceedings in the court, which was packed with family members. 

Chetty told the court all the accused were pleading not guilty to the charges and were willing to pay R500 bail.

He said they are not aware of the identity of state witnesses and had no intention to interfere with them.

Chetty said the court should not be dictated to by a public outcry calling for no bail to be granted. He said the men were willing to stand trial and abide by bail conditions. 

Makhathini placed on record a 2005 assault conviction for which he was sentenced to three years in imprisonment with one year wholly suspended. He also had drunken driving and driving without a permit charges in 2013, but could not remember what fine he received for the offences.

The matter was adjourned to September 13 to hear further evidence from Molapo.

Meanwhile, four men were arrested for alleged extortion at a construction site for a garage in Marshalltown by the Johannesburg metropolitan police department (JMPD) on Monday.

Superintendent Xolani Fihla said the suspects allegedly demanded R1,000 daily, insisted their preferred workers must be employed and obstructed access to the site so work could not proceed. They also parked a Mercedes-Benz at the entrance, preventing workers from entering the site. The men are charged with extortion, intimidation and public violence. A docket has been opened for investigation and their vehicle has been seized.

Fihla said: “The City of Johannesburg is fully committed to maintaining a safe environment for all businesses and construction projects in our city. We will not tolerate any form of extortion or intimidation.”

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