Disgraced cop and magistrate jailed

They issued bogus protection order and warrant of arrest

AN ACTING magistrate and her former police captain husband have been sentenced to three years imprisonment and two years’ correctional supervision, respectively, for creating a false protection order and a warrant to retrieve a vehicle they owed money on for repairs.

Uvile Madikane, a contract acting magistrate at the Domestic Violence Court at Cape Town Magistrate’s Court and attorney at her private firm, appeared with her husband Mtozami Madikane in the Bellville Regional Court .

The couple, parents of two boys aged 10 and 11, were convicted of fraud in June.

In 2010 the couple’s Mercedes-Benz C200 was involved in a car accident. The car was taken to Basson’s Auto Coachworks for repairs which would have initially cost them R70 000.

But due to the good client business relationship the amount was reduced to R50 000, of which only R4 000 was paid. The couple was unable to pay the outstanding balance, which led to the car being kept in storage. At the time, in December 2010, the couple was preparing to travel to the Eastern Cape.

To retrieve the vehicle, Uvile forged a protection order in terms of Section 6 of the Domestic Violence Act 116 against the co-owner of the repair company, Michael Basson. The order made provisions that the fixed car be released. A false warrant of arrest was also issued.

The false documents were made to appear as if they were signed by Uvile’s colleague magistrate Lambert Petrus van der Spuy at the Cape Town Magistrate’s Court.

The invalid documents were taken by the couple to the Parow police station and officers were sent to execute the order.

But Basson was not arrested, because he did not deter the police from retrieving the car.

Magistrate Mas-Udah Pangarker said Uvile has disgraced the judicial fraternity.

“Accused two (Uvile) abused her position in the judiciary for personal gain. She disgraced the office she held. Why would an intelligent person given the privilege of being an acting magistrate act in such a deceitful manner?” she asked.

Pangarker pointed out how Uvile had lied about innocent people whom she worked with.

“Her actions sought to implicate her colleague Van der Spuy and three clerks at the Domestic Violence Court… People she had worked with for years.”

Uvile was sentenced to three years’ imprisonment. Prison officials may change the sentence to correctional supervision, depending on their assessment of her.

“Her actions were purely selfish. She only has herself to blame for the situation she found herself in,” said Pangarker.

Mtozami received two years’ correctional supervision. He had distanced himself from the crime and told the court he was not aware of his wife’s actions, which was found improbable.

Pangarker said although the couple had no previous convictions, Mtozami had decades of experience in the police service and his dismissal at work due to tampering with a blood sample had counted against him.

CRIMES COMMITTED FOR PERSONAL GAIN TO RETRIEVE THEIR MERCEDES-BENZ FROM AUTO REPAIRER