Hawks raid on Majola offices over PPE graft legal – court

Politically connected businessman Thulani Majola has lost his bid to set aside a 2020 search warrant that saw the Hawks descend on his company’s offices in Joburg in its probe into a R77-million contract to supply 3-million face masks to the men in blue.

Some of the items and documents seized in the operation were Majola’s iPhone, HP laptop, 18 memory sticks, proof of payments and other documents.

Majola and his company LTE Consulting then approached the Joburg High Court, arguing the search and seizure warrants issued by Judge Majake Mabesele were illegal as he did not have jurisdiction to issue them because he was not in an open court when he issued them.

The police refuted the claims, saying it was not necessary to sit in criminal proceedings to have the authority to issue the warrants of search and seizure.

The judge ruled in favour of the police.

“Counsel for respondents submitted that warrants of search and seizure issued by a judge not sitting or presiding in proceedings has been a feature of ours and that in the issue of warrants of search and seizure by judges has been a feature of our law.

“I am in agreement with the proposition expressed by counsel on behalf of respondents on this point because as a matter of practice judges issue warrants of search and seizure regularly in chambers before charges are preferred against the suspects,” the ruling handed down on Friday reads.

Sunday World reported in 2020 that major banks had referred contracts of more than R1-billion awarded by the police to the Fusion Centre, a multidisciplinary law enforcement team set up by President Cyril Ramaphosa to probe corruption in activities to fight Covid-19. The Fusion Centre comprises the Special Investigating Unit, State Security Agency, the police, the Hawks and the Financial Intelligence Centre.

FirstRand, Absa and Nedbank flagged dozens of transaction involving state institutions, which accounted for 70% of irregular payments related to Covid-19.

FirstRand flagged R721-million of suspicious personal protective equipment contract payments made by police, while Absa raised concerns over similar payments of R355-million.

Raising red flags about Majola, Nedbank said in its report: “Director politically exposed person [sic], large inflows from government and outflows to the ANC.”

Majola is no stranger to controversy. LTE was embroiled in the failed R2.2-billion project to supply potable water to 55 villages in Giyani in Limpopo.

The ANC donor has not been charged for any alleged crimes. Majola’s phone was on voicemail.

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