Two officials of the Department of Forestry, Fisheries and Environment who were arrested in 2018 for allegedly colluding with abalone poachers by illegally selling seized abalone back and escorting illegal abalone shipments have been sentenced to five years direct imprisonment and a suspended sentence, respectively, for racketeering, corruption, money laundering and possession of abalone charges.
Winston Mervin Busch and Nomvuyo Concellia Motloung were sentenced in the Western Cape High Court last week after entering plea agreements with the State.
Busch and Motloung were arrested on 5 March 2018 along with seven of their colleagues and members of an alleged abalone syndicate operating in the Overberg.
Busch will serve five years behind bars after pleading guilty to and being convicted of two charges related to the Prevention of Organised Crime Act (POCA) – managing and participation in a criminal enterprise – as well as money laundering, corruption, possession of abalone and possession of abalone not in a whole state.
Motloung was sentenced to three years’ correctional supervision for managing a criminal enterprise, five years’ imprisonment, suspended for five years, for participating in a criminal enterprise, 10 years, wholly suspended for five years, for money laundering, five years suspended for five years for corruption and five years suspended wholly for five years for possession of abalone and possession of abalone not in a whole state.
Five years since arrest
Busch and Motloung, who were stationed at the DFFE offices in the Gansbaai Harbour, were arrested in 2018 during an operation by the Hawks’ Economic Protected Resources team assisted by Tactical Response Team members, the Special Task Force, Asset Forfeiture Unit as well as members of the DFFE Special Investigations Unit.
The two, along with their colleagues Zihle Diko, Craven Siyabulela Mxaku, Linda Nkeleni, John Karelse, Allistair Maans, Adam Baadjies and Rudolph Louw, were accused of colluding with members of an abalone smuggling syndicate.
Syndicate members Richard George Malan, Dennis John Swartz, Donovan Williams, Eugene Herandien, Courtley May, Solomon Sauls, Frederick Myburgh and Preston Julies were also arrested during the sting operation.
The alleged syndicate operated in Gansbaai, Hermanus, Hawston, Bredasdorp, Stanford, Pearly Beach and Kuilsriver.
Charges against two of the accused were withdrawn, while four others – Gert Wentzel, Donovan Williams and DFFE officials Zihle Diko and Craven Mxaku – died during the course of the trial.
Sauls was sentenced to 244 years’ imprisonment in 2021 for various charges including a number of POCA-related charges.
Sauls will, however, only serve 18 years behind bars as the sentences run concurrently.
At the start of August, five DFFE officials – Adam Baadjies, Rudolf Andrew Louw, Alistair Hillmar Maans, Linda Nkeleni and John Stephanus Karelse – were handed hefty sentences for racketeering, money laundering, corruption and the illegal possession of abalone, many of which fall under the Prevention of Organised Crime Act (Poca).
Their co-accused Myburgh, Swart, Herandien, Malan and Dlovo received lesser sentences ranging from a fine to five years imprisonment and correctional supervision.
