The National Director of Public Prosecutions (NDPP) has withdrawn 69 fraud charges against taxi boss Sithembiso Gcaba, following the seizure of R46,120 and multiple SASSA cards by police in March 2021.
The seizure took place in March 2021 after police witnessed Gcaba engaging in “suspicious activities near an ATM at a petrol service station.”
Upon searching him, they discovered 69 orange Social Security Agency (SASSA) cards, a black bag containing additional SASSA cards, and R7,640 in cash. An additional R39,800 was also recovered from his vehicle, bringing the total amount seized to R46,120. His inability to explain the presence of the cards and cash led to his arrest. He was charged with 69 counts of fraud and subsequently released on R5,000 bail.
Investigations revealed that the cards originated in Bloemfontein and were intended for various SASSA offices across the KwaZulu-Natal region. Further investigation revealed that R118,000 had been withdrawn from ATMs in the eThekwini region within a five-hour window using 62 of the 69 cards found in Gcaba’s possession.
The NDPP sought a preservation order for the R46,120, which the Durban High Court granted on September 28, 2022. The court mandated that the NDPP publish a notice of the preservation order in the Government Gazette, which was duly published on October 14, 2022. The NDPP was also instructed to serve a copy of the order and the application on Gcaba through the sheriff. While the preservation order was in effect, the NDPP filed for a forfeiture order on January 11, 2023, which was scheduled for a hearing on April 20, 2023. However, the application was removed and reinstated multiple times on the court roll between April 20 and August 14, 2023.
Significantly, Gcaba had not yet received the preservation order or the forfeiture application by August 14, 2023, despite several failed attempts by the State Attorney to have the sheriff serve the documents at his address.
The preservation order and forfeiture application were finally served personally on Gcaba on August 17, 2023, at the Durban Regional Court while he was attending his fraud case.
In October 2023, the Durban High Court heard the forfeiture application but ultimately dismissed it. The court ruled that, according to Section 40(a) of the Prevention of Organised Crime Act (POCA), the preservation order had expired because the forfeiture application was served on Gcaba after the mandatory 90-day deadline, rendering the preservation order invalid.
THE National Director of Public Prosecutions (NDPP) has successfully appealed a decision made by the Durban High Court at the Supreme Court of Appeal (SCA), resulting in the forfeiture of R46,120 seized from taxi owner Sithembiso Gcaba, a member of the prominent Gcaba family.
