Businessman in court for alleged kidnapping of Lepelle Water board CEO

The NPA's Asset Forfeiture Unit has frozen the assets of a Polokwane businessman who was alleged to have kidnapped and extorted cash from acting Lepelle Northern Water CEO Ahuiwi Netshidaulu.

The NPA said the preservation order to freeze the bank accounts of Emanuel Sefalafala’s company Falaz General Trading was granted by the high court in Limpopo.

"[Phineas] Legodi, the chairperson of the Bid Evaluation Committee (BEC), Ngwako Michael Moseamedi, and businessman Sefalafala and his company Falaz General Trading and Construction (Pty) Ltd, appeared briefly in the Polokwane magistrate's court on allegations of tender fraud,” said the NPA's Sipho Ngwema.

“They were charged with fraud, alternatively theft, forgery and uttering, with Legodi facing an additional charge of contravention of the Public Finance Management Act. The three were arrested by the Gauteng-based organised crime investigating unit and the matter is being jointly investigated with the specialised commercial crimes unit (SCCU) in Limpopo,” Ngwema added.

According to the provisional charge sheet, Sefalafala had submitted forged documents to obtain the tender.

The Sunday Times had reported on Netshidaulu’s kidnapping at the weekend. He alleged he now had bodyguards for his protection.

Sefalala’s company was awarded a waste-removal tender when Legodi was in charge of Lepelle, but he has since left under a cloud.

In 2018 the Lepelle Northern Water board had awarded a R45m tender to Falaz for the collection, removal and disposal of hazardous waste management. Legodi was the CEO and accounting officer of the water board at the time.

The NPA said the tender was set aside by the Polokwanehigh court and as a result Falaz was not entitled to payment of the invoices the company had submitted to Lepelle for payment in terms of the unlawful contract.

There were allegedly concerns over the cost and the manner in which the tender had been awarded. Sefalafala, however, allegedly forced Netshidaulu, who took up the position in August, to pay up.

Netshidaulu said he had held discussions with Sefalafala, explaining that the contract had been set aside but Sefalafala was reported to have forwarded him an e-mail, saying the case was closed.

“Netshidaulu ignored the letter because it appeared not to be legitimate,” said Ngwema.

'Playing games'

In an affidavit, Netshidaulu said he was “kidnapped” by the police in Polokwane last month and forced to pay R2.9m to contractor Sefalafala. The officers who he said had arrested him were from Silverton, Pretoria.

He said the officers told him he was being arrested in connection with an extortion complaint against him by Sefalafala.

Instead of taking him to a police station, he said the officers called Sefalafala and set up a meeting at a Caltex garage on the N1 outside Polokwane.

He said he was handcuffed and his cellphones taken. The officers controlled all his calls, he said.

“He [Sefalafala] said I am playing games with him. He said no-one has a problem to pay but it's only me who seems not willing to pay him.”

According to his statement, Netshidaulu was taken to Tiveka Game Lodge, 30km from Polokwane, and told to call the Lepelle CFO and order her to pay R5.8m for work done by Sefalafala's company - or face arrest. Netshidaulu initially refused but was taken to a secluded area, where he agreed to pay because he feared for his life. He gave instructions for R2.9m to be paid.

He was told he would not be released until the payment had been cleared. The group then went to Midrand to get food. The payment reflected after midnight, whereupon he was released and took an Uber home.

Netshidaulu said the “kidnapping” occurred after he had met Sefalafala on November 2 when the businessman demanded payment. Since the meeting, he said, Falaz Trading began harassing him.

“This continued harassment led to my opening intimidation and abduction cases with the Polokwane police against associates of Falaz as they threatened my life,” he said in the affidavit.

'We are trying to clean up there'

The chair of the Lepelle interim board, Joe Mathebula, told the Sunday Times that the board decided not to pay any suppliers whose contracts were under dispute and investigation. Falaz had been among those.

“When we came in, there were a number of disputed contracts and we said all contracts that have been flagged should not be paid until we have satisfied ourselves as the board [that they are legitimate].

“We can't pay anything that has a court judgment, which says all proceeds must be paid back. We are trying to clean up there. People are just trying to take advantage of government and we can't allow such to continue,” said Mathebula.

When contacted by the Sunday Times, Sefalafala denied all the allegations made against him. He said he was owed “a lot of money” by Lepelle Northern Water.

“Who forced him [Netshidaulu] to call the CFO? He called me and said he will tell his CFO to pay me my money for services rendered, and they still owe me money. He has his own bond with his chairperson and they agreed that they will make my company suffer. I don't know why.

“All those facts he put there are false so I'll open a case of defamation of character against him,” said Sefalafala.

He said he deserved to be paid because he had rendered his services. Last year Sefalafala was the victim of crime. In December 2019, he offered a R100,000 reward for information leading to the arrest of men who shot him in the chest and shoulder while he was leaving a restaurant at 2.30am. He was hit despite his bodyguard trying to protect him.

'They even drank together at Cubana'

One of the police officers involved in Netshidaulu's “arrest”, David Mkhabela, told the Sunday Times the intention was to arrest Netshidaulu but he had requested to speak to Sefalafala and agreed to make a payment.

“He said he was an important person who can't be arrested and that he can pay and we agreed for him to call Falaz and they met. At the Caltex garage they spoke and agreed on something.

“We did not want to arrest him and get him into trouble over something that they could resolve. We did not kidnap him. They even drank together at Cubana in Midrand. They seemed to know each other and we said they must resolve their issues.”

He showed the Sunday Times video footage he took with his cellphone of the two men sitting together and eating at Cubana.

Limpopo police spokesperson Brig Motlafela Mojapelo said the cases of intimidation and abduction were opened in Polokwane but had been referred to Gauteng.

The matter was postponed to December 17 for bail application and the accused are in custody.

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