Byline: Nhlambo Nonjabuliso

07 November 2023

Summons to appear before court were delivered by the Hawks` Middelburg-based Serious Commercial Crime Investigation team against three accused, who were already arrested and released on bail for RDP house fraud. Annica Van Staden, Helga Kruger who is an estate agent, and Mr Foto Boy Makua, Alias (Fofo).

The summons followed after new complaints were received by the Hawks regarding victims who were evicted from their houses. Annica Van Staden was summoned to appear before the Middelburg Regional Court E on Tuesday, 7 November 2023.

The appearance followed after the complainant, Mr. Samson Makhuwana Shilwane, reported that Van Staden sold his house without the owner’s consent.The complainant further mentioned that he was in the process of getting divorced during the sale of his house.

It came to his attention when Smangele Nhlabathi, who purchased the house, came to evict him from the premises. Nhlabathi presented purchasing documents for R280 000.00 with the forged signature of Mr Samson Chilwane. The matter was reported to the Hawks for further investigation, hence the appearance. 

Helga Kruger, sold a house 2194 ext. 8 in eMbalenhle to Wiston Maluleka who deposited R200 000.00 into Helena Gertruida Kruger`s Capitec bank account and never heard from her until the case was opened and she appeared before court on Friday.On Monday , 6 November 2023, summons to appear before court were served on Mr Foto Boy Makula, Alias ( Fofo) (55), for additional charges of fraud. The accused is the sole director of Foto Security Services.

It alleged that on 10 August 2014 an amount of R150 000 was deposited into his company’s FNB bank account for purchase of the RDP house, bought by Mrs Frieda Masemola. Mrs Masemola alleged that the said house at Mhluzi – Middleburg was never transferred into her name and she has never occupied the house.

She noticed that the house was re-advertised for sale in the local newspaper. She sought legal assistance and found out that the house belonged to the Lukhele Trust and that she was being defrauded.

The complainant reported the matter to the police, and the case was transferred to the Hawks for further investigation, hence the court appearance. The complaint suffered a loss of R150,000.It is alleged that on 24  June 2014 Kruger advertised RDP houses at the Tokologo Section in Middelburg on behalf of Housing First Property.

The offer to purchase indicates that Housing First is the seller of the properties, and it was registered in the name of Annica van Staden. She sold the property to the complainant for R100,000.00 and further requested that the buyer transfer the money into the business account of Foto Security Services.

Kruger should have known as an “estate agent” that the property could only be transferred and registered in the name of the buyer once the conveying attorney received the money into his trust account.

The rightful owner of the property did not give anyone permission or a mandate to sell the property. Additional charges are imminent.  

The Provincial Head of the Hawks Major General Gerber “urges the public who were previously defrauded in such manner to come forward and report the matter.” The investigating officer, Warrant  Officer Bapela can be contacted on 0722577403. He further guaranteed that all information received will be treated con confidentiality. He concluded “