A criminal network in charge of an enterprise that is responsible for defrauding ABSA a total of one million through credit card scams has been sentenced to 11 years each by the Eastern Cape High Court in Makhanda on Wednesday.
The individuals involved in the enterprise include a Pakistan national, Muhammad Afzal Yaseen (30), and pastor Khaya Nocanda (46) who were both sentenced to eleven (11) years imprisonment, while former ABSA manager, Mandisa Ndletyana (33), was sentenced to five years for her role in the criminal enterprise that resulted in ABSA Bank suffering financial prejudice of over one million Rand.
“The court noted that although they all participated in the enterprise which led to substantial cumulative losses to ABSA, they were only individually responsible for varying amounts, with Yaseen pocketing R 620 000, Nocanda R125 000, and Ndletyana getting R90 000,” said EC regional spokesperson, Luxolo Tyali.
Yaseen was found guilty of taking part in an enterprise, through a pattern of racketeering activity- which is a set of illegal activities aimed at a commercial profit that is fronted as a business, 17 counts of trafficking in persons, 49 counts of fraud and 14 counts of theft.
Meanwhile, the court convicted pastor Nocanda on charges of managing operations of an enterprise in contravention of the Prevention of Organised Crime Act (POA), as well as participating in the affairs of the enterprise through a pattern of racketeering, eight counts of fraud, four theft charges, two counts of money laundering and four of acquisition, possession or use of proceeds of unlawful activities.
The former ABSA bank manager of the Middelburg branch, Ndletyana was also found guilty of participating in an enterprise involved in racketeering and three counts of fraud.
“The three were part of an initial seven-member syndicate that was initially indicted on 255 counts about the elaborate scheme involving the fraudulent acquisition of credit cards from the Middelburg branch of ABSA bank in the period between August 2019 to December 2019,” Tyali added.
It seems that more members of the underground syndicate could have been convicted as one of the accused passed away and a further two Pakistani nationals, who were out on bail, absconded presumably back to their country of origin. While prosecution against one prosecution also had to be stopped against a former bank employee due to the stroke she suffered which prevented her from continuing with her defense.
Smooth credit fraud operations and deceiving jobless people
The syndicate managed to pull off the criminal activities by securing credit cards on a false and fraudulent basis in the names of third parties they trafficked from the Beaufort West in the Western Cape to Graaff-Reinet in the Eastern Cape.
More than 27 victims were transported under pretences of potential employment for them in Graaff-Reinet at a business owned by another Pakistani national.
“The victims were misled into believing they needed to open bank accounts at the Middelburg branch of ABSA Bank into which their future salary payments would be made. They were sent to Beyers Naude Municipality offices where they were incited to obtain false proof of residence documents. They were subsequently given forged salary advice slips and furnished with false cellphone numbers from a cellphone shop owned by another Pakistani national,” Tyali added.
Ndletyana was on the receiving end of the victims, who would be taken to Middleburg ABSA Bank and instructed to approach Ndletyana or her co-accused who could not be prosecuted because of her stroke condition, who would process applications to open accounts and credit cards.
When credit applications are approved and limits which range between R10 000 and R35 000 per person are reached, Yaseen and members of the enterprise would take control of the cards and would proceed to empty the relevant loan accounts, by way of incremental cash withdrawals.
The victims would be compensated crumbs and transported back to Beaufort West, still jobless. The financial proceeds would be divided amongst members of the enterprise.
Pastor instrumental in defrauding church congregation
Behind the veil of doing the lord’s work Nocanda, managed the Middelburg leg of the enterprise, and deceived members of his church into believing that he could assist them in improving their socio-economic circumstances.
Ndletyana and the other bank official used the same false documentation as Yaseen to secure credit cards from the same bank branch. Drawing victims of fraud from as far as Noupoort in the Northern Cape province.
“Once the credit cards were approved, he took control of them, withdrew cash from ATMs, and escorted the victims to a furniture store belonging to another Pakistani member of the enterprise. The victims were offered a choice of any item in the store, up to the value of R5 000 per person. Nocanda would then pay for these items with the proceeds of the fraudulent activity, thus laundering the money through the enterprise’s business. The members of the enterprise would share the remaining spoils amongst themselves,” reads the NPA statement.
The above criminal syndicate was reported through an anonymous report to the ABSA Fraud Hotline by a fellow Pakistanian National who came to hear of the ongoing fraud. This person further risked his life by even testifying in court on behalf of the State.
“During the initial stages of the trial Nocanda, while still out on bail, allegedly attempted to have the investigating officer as well as several witnesses murdered by approaching a Traditional healer and enlisting hitmen to commit the murder. The plan fortuitously failed, and his bail was withdrawn. His trial relating to the attempted murder is due in Graaff Reinet Regional Court on 17 April 2024,” Tyali explained.
