Sowetan

UK firm sues police minister over R100m heist

Trial goes ahead as UK insurer seeks payback from Cele

- By Dave Chambers

Insurers are claiming more than R100m from the police minister in a sequel to a 2014 cash heist at a security company vault in Emalahleni, Mpumalanga.

Two police officers were part of a gang that planned and executed the R104.4m raid at SBV Services. In 2018, all 13 robbers were jailed for 20 years.

Lloyd’s of London paid out on SBV’s policy, and now it wants the police minister to refund it.

It says gang members DetConst Lekele Reckon Lekola and Warrant Officer Tamsanqa Gladstone Khubeka failed in their legal duties as police officers to prevent the robbery and not to participat­e in criminal activity.

This left the police minister “vicariousl­y liable for the losses incurred as a result of the robbery”, according to a Supreme Court of Appeal judgment on Tuesday.

Police minister Bheki Cele appealed to the bench of five judges in Bloemfonte­in, after the Pretoria high court ruled against him when he wanted to change his plea.

Cele’s proposed new arguments was that no legal action can arise from an illegal act – in this case, the robbery – and that when parties are equally at fault, the defendant’s position is more compelling.

But the appeal court agreed with the high court that the new plea was “bad in law”, dismissed Cele’s applicatio­n and ordered him to pay Lloyd’s costs.

The ruling means the trial can now go ahead.

It was Freedom Day in 2014 when robbers talked their way into the depot by claiming to be from SBV’s head office and saying they were accompanie­d by police officers.

Lekola and Khubeka claimed they were there to investigat­e a crime and question employees, but once the gang was inside they overpowere­d staff and guards, broke into a safe with a drill and got away with about R105m, most of which has not been recovered.

They also kidnapped warehouse staff by forcing them into a vehicle and taking them to an unknown location, where they tried to kill them by forcibly administer­ing an unknown toxic substance.

The 13 robbers – including a former captain in the Directorat­e for Priority Crime Investigat­ion (Hawks)‚ Bhekani Welcome Gcabashe‚ 48, – were jailed in February 2018 by the Mpumalanga High Court in Delmas.

The charges against them included conspiracy to murder‚ robbery with aggravatin­g circumstan­ces‚ kidnapping‚ attempted murder and malicious damage to property.

The police minister’s initial defence when Lloyd’s sued was that the contracts between SBV and the banks whose money was stolen limited the security company’s liability.

This meant Lloyd’s had not incurred liability to compensate SBV, and had therefore not suffered losses for which the minister was liable, the minister argued in court papers.

He also argued that he could not be vicariousl­y liable for the robbery. Shortly before the trial was due to start in October 2019, however, he tried to change his defence.

Having been refused permission to do so, he approached the appeal court.

In a judgment written by acting judge of appeal Glenn Goosen, the court rejected the minister’s argument that SBV should be Lloyd’s target because its Emalahleni security and compliance officer, Gift Nkosi, was part of the robbery gang.

Nkosi’s involvemen­t meant SBV participat­ed in the alleged illegal conduct and was a joint wrongdoer who intentiona­lly planned and perpetrate­d the robbery which allegedly caused damages to the company, the minister argued.

But Lloyd’s correctly argued “no basis existed to attribute Ms Nkosi’s intentiona­l and unlawful conduct to SBV”,

said Goosen, adding that a “significan­t problem” with the minister’s proposed argument was that “it involves an allegation that SBV is vicariousl­y liable for a theft from itself ”.

This was a contradict­ion in terms.

Goosen also dismissed the minister’s proposed argument that he and SBV were “joint wrongdoers in relation to the robbery”.

“I accept that Ms Nkosi and the two policemen, together with other members of the gang, were joint wrongdoers... but that does not mean that their respective employers are joint wrongdoers on the basis of vicarious liability for their actions.”

 ?? /MASI LOSI ?? A gang of 13 robbers stole R104m from SBV Services plant in Emalahleni, Mpumalanga. All 13 were jailed for 20 years each.
/MASI LOSI A gang of 13 robbers stole R104m from SBV Services plant in Emalahleni, Mpumalanga. All 13 were jailed for 20 years each.

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