The National Prosecuting Authority (NPA) had, three years ago, thrown out the now resuscitated unwrought gold case against Durban businessman Tariq Downes and co-accused Gen Feroz Khan and Maj-Gen Ebrahim Kadwa, stating that there were “no prospects of a successful prosecution”.
Sunday World has seen a letter signed by the Johannesburg deputy director of public prosecutions, Jacob Serepo, on February 22, 2023, revealing that the NPA had decided not to prosecute Downes after considering representations made in a letter by Khan and Kadwa during an earlier meeting with prosecutors.
“According to the contents of the said letter, the said Tariq Downes is an informer to crime intelligence and is involved in one of their operations,” Serepo wrote. The letter goes further: “This office is in no position to dispute what the two generals have submitted to us,” noting that the investigating officer and another senior cop were present during the meeting and “did not raise any objection”.
Serepo concluded that “there are no good prospects of a successful prosecution in this regard,” and the Germiston Serious Organised Crime Investigation Unit enquery docket was then returned.
It appears that the investigating officer had earlier pleaded for a review of the decision not to prosecute, citing that the explanation of an undercover crime intelligence operation was devoid of a Section 252A compliance document.
Section 252A of the Criminal Procedure Act governs undercover operations, traps and covert policing activities in South Africa.
Within crime intelligence and specialised structures such as the Hawks, Section 252A serves as the legal bridge between covert intelligence gathering and criminal prosecution.
This means properly authorised operations ordinarily require formal applications, operational approvals, prosecutorial oversight, handler identification, and documentary records.
Sources said the investigators could find no such operational documentation. However, sources in the security cluster said, “The absence of a documented Section 252A record does not automatically prove there was no covert operation at all.
“Highly sensitive intelligence operations are sometimes tightly compartmentalised,” said the source, who added that Downes was in fact a well-known informant for the SAPS in KwaZulu-Natal and very close to some of the police top brass in the province, who frequently used his information.
Sunday World understands that another matter related to the gold was opened at Durban Central police station in January 2022, following alleged claims by Downes that the precious metal bar was scrap gold smelted from his old jewellery.
The suspect, a now 70-year-old man whose name is known to the publication, was detained overnight for allegedly smelting the gold on behalf of Downes in contravention of the law. He was released in the early hours of the following morning after the police conducted a search exercise.
Three court appearances later, the magistrate withdrew the matter, and he was set free.
The Downes case dates back to May 2021, when he was intercepted at OR Tambo International Airport allegedly carrying unwrought gold concealed in a sling bag while boarding a flight to Durban.
Sources said the forensic laboratory findings compiled in the Germiston Serious Organised Crime Investigation Unit file, established that the seized exhibit weighed 108.53g and contained 75.9g of unwrought gold valued at R62 836.
Separate findings from the SA Diamond and Precious Metals Regulator confirmed that Downes was not licensed under the Precious Metals Act to possess unwrought precious metals.
Under ordinary circumstances, investigators say, the evidence would ordinarily support prosecution. However, Downes allegedly told officers he was linked to an undercover intelligence operation involving senior police officials.
The NPA did not respond to questions on the decision to decline prosecution and how that linked to the revival of the matter three years later. Police in KZN also did not respond to the query on the Durban case that was withdrawn after three court appearances.
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- Three years ago, the National Prosecuting Authority (NPA) dismissed the unwrought gold case against Durban businessman Tariq Downes and co-accused Gen Feroz Khan and Maj-Gen Ebrahim Kadwa.
- The NPA at the time cited "no prospects of a successful prosecution" as the reason for dropping the case.
- The case has now been revived, with renewed legal action underway.
- The case involves allegations related to unwrought gold.
- Further detailed information is available in the Sunday World e-edition.
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Serepo concluded that “there are no good prospects of a successful prosecution in this regard,” and the Germiston Serious Organised Crime Investigation Unit enquery docket was then returned.
It appears that the investigating officer had earlier pleaded for a review of the decision not to prosecute, citing that the explanation of an undercover crime intelligence operation was devoid of a Section 252A compliance document.
Section 252A of the Criminal Procedure Act governs undercover operations, traps and covert policing activities in
Sources said the investigators could find no such operational documentation. However, sources in the security cluster said, “
“
Sources said the forensic laboratory findings compiled in the Germiston Serious Organised Crime Investigation Unit file, established that the seized exhibit weighed 108.53g and contained 75.9g of unwrought gold valued at R62 836.
Separate findings from the SA
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