Former RAF staffer sentenced to 12 years in prison

A Road Accident Fund employee has been sentenced to jail time for trying to bribe a claimant to the tune of half a million rand.

The Durban Specialised Commercial Crimes Court sentenced Nobuhle Abigail Magwaza to 12 years imprisonment (of which two years is suspended for five years, with conditions) following her conviction for Contravening Section 4(1)(a) of the Prevention and Combating of Corrupt Activities (PRECCA) Act which relates to receiving or accepting a benefit in her capacity as a public officer. At the time of the offence, Magwaza was employed as a claims handler at the Road Accident Fund (RAF).

Natasha Ramkisson-Kara, regional spokesperson for the National Prosecuting Authority (NPA), said in February 2020, Magwaza, 44, had dealt with the complainant’s claim in connection with a motor vehicle accident.

“The complainant, Vincent Zulu, sustained injuries and made a direct claim with the RAF.

“Magwaza advised him that he was due to be offered an award of R 2.7 million from the RAF. She further told Zulu that in her assessment of the award, she had wilfully overlooked aspects of the award and facilitated (via other unknown officials at the RAF), the fast-tracking of the possible payment of the award. She demanded that he pay her an amount of R500 000 to ensure that he received the final offer of award of R2.7 million,” said Ms Ramkisson-Kara.

Mr Zulu then contacted the Directorate for Priority Crime Investigations (DPCI) and a Section 252A authority was obtained for an undercover operation to proceed. The arrangement was that Mr Zulu would meet Ms Magwaza at a given place and time to hand over an initial payment of R50 000 to her, said KZN DPCI spokesperson, Lieutenant Colonel Simphiwe Mhlongo.

“The ‘trap money’ was arranged and the operation was conducted. Magwaza was arrested by the DPCI operational team after taking possession of the R50 000 from Zulu,” Lieutenant Colonel Mhlongo said.

In court, the defence made admissions in terms of Section 220 for all the evidence about Section 252A authority to be admitted. Advocate Joel Kisten, representing the State, led Mr Zulu’s viva voce (oral examination) evidence, as well as the testimony of an RAF official at the sentence stage who testified on the pervasive impact and seriousness of corruption within the RAF. Magwaza was sentenced to an effective 10 years imprisonment and she was declared unfit to possess a firearm.

“The NPA and the DPCI are committed to rooting out corruption, especially in cases where public officers abuse their positions of power to elicit bribes or gratification. By working together with each other and our partner stakeholders, we can turn the tide against corruption in South Africa,” said Ms Ramkisson-Kara.