The sentencing proceedings of a police officer and his accomplice found guilty of defrauding the Road Accident Fund (RAF) have been delayed due to pending pre-sentence reports.
The case against Komga W/O Mandlenkosi Njekanye, 50, and Xolani Somtsewu, 45, who were convicted of coercing police officers to change an accident report so they could claim RAF money, was back in the East London specialised commercial crimes court where it was postponed on Monday.
RAF senior manager Marius Werner is expected to testify in aggravation of sentence.
Njekanye and Somtsewu were convicted on March 24 for fraud and defeating the ends of justice relating to millions in RAF money.
The two were arrested by the East London Hawks’ serious corruption investigation unit on November 22 2023.
The Hawks investigations revealed the RAF almost lost more than R5m in the claim.
Somtsewu, driving a Nissan NP300 bakkie, was involved in a fatal accident on the N2 near Komga on December 31 2020 which claimed the life of a passenger. Somtsewu sustained a broken arm, cuts and bruises.
Police at the scene attributed the accident to a burst tyre and an inquest docket was opened, said Hawks spokesperson W/O Ndiphiwe Mhlakuvana. He said a year after the incident, Somtsewu and Njekanye went to the Komga police station where they “instructed the officer on duty to change the accident report content to enable them to claim from the RAF”.
“The official initially refused, but was coerced, and the cause of the accident was changed to Somtsewu’s new version, where he claimed to have swerved to avoid an oncoming vehicle,” he said.
“When the complaint was lodged, the RAF scrutinised the two statements and discovered the discrepancies. The RAF repudiated the claim and the matter was referred to the Hawks for investigation.
“Investigations by the Hawks established Njekanye and Somtsewu colluded in an attempt to claim for an accident by changing the accident report that would have prejudiced the RAF to a cash value of nearly R5m.”
The two men will be back in the dock on September 30.
Vuyani Vuyisile Yeko, Thabo Thango Mlonzi and Dean Yeko appeared in the same court for allegedly trying to defraud the RAF.
It is the state’s case that on August 5 2019, tavern owner Yeko and Mlonzi, his employee, were involved in an accident. Vuyani Yeko was allegedly driving the vehicle which overturned and hit an electric pole. He was injured and trapped in the vehicle while Mlonzi escaped uninjured.
After Yeko was discharged from hospital, it is alleged he, Mlonzi and Dean Yeko made false statements in a bid to defraud the RAF, with Yeko allegedly making a statement that Dean was the driver.
Dean reportedly gave a statement that he was the driver while Mlonzi stated all three were in the vehicle.
In July 2021 a claim of more than R3.8m was lodged with the RAF on instruction from Yeko for past and future medical expenses, general damage and past and future loss of income.
It is the state’s case that Yeko was to blame for the accident and all the accused acted in common purpose to defraud the RAF.
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