Criminal charges against TMPD Chief formalized

Justice Project South Africa (JPSA) hereby confirms that its National Chairman, Howard Dembovsky has laid formal criminal charges against Deputy Chief of the Tshwane Metropolitan Police Department, Mr Ndumiso Jaca for violating Section 68 of the National Road Traffic Act.

The charges were laid at the Alberton SAPS station on Friday 16 September 2011 and a docket with the reference CAS 413/9/2011 was registered on the same day. It is expected that the docket will be forwarded to SAPS Pretoria for action. The charges that have been brought are in terms of Section 68(1) and 68(2)(b) of the National Road Traffic Act, 1996 and are of similar severity as drunk driving, “reckless or negligent driving” and fraud. They are not a simple traffic fine issue as some seem to believe.

This has resulted from the revelation on Monday 12 September2011 that Deputy Chief Jaca had affixed to two distinctly different motor vehicles with what were at the time false number plates reading “BALTY GP”. One plate was affixed to a Harley Davidson V-Rod motorcycle that is registered in the name of the president of the Sopranos Biker Club, Mr Moraka Ephraim Mokoka and the others were fitted to a BMW Z4 coupe which was both unroadworthy and unregistered as of Monday 12 September2011.

In addition, the BMW Z4 has (or had at that time) blue flashing lights fitted inside its windscreen and it has allegedly been observed on several occasions driving in the emergency lane on the Mabopane highway with them flashing.

On Monday 12 September, a formal complaint by JPSA was drafted and sent to National Traffic Police Chief, David Tembe, CEO of the RTMC, Collins Letsoalo, Senior Executive Manager of the RTMC, Ashref Ismail, Acting Registrar of the RTIA, Japh Chuwe and Advocate Poopedi of the ICD. The complaint was also copied to spokesman for the Minister and Department of Transport, Logan Maistry as well as to Captain Mbada at SAPS Gauteng Commander, General Petros’ office.

The results of this complaint have been that the ICD confirmed an investigation into corruption had been launched against Mr Jaca and that a complaint was lodged with the Tshwane Metropolitan Police Internal Affairs Department by one of David Tembe’s staff on his instruction as Chief of the National Traffic Police. Ashref Ismail of the RTMC stated on radio that no criminal charges had been laid because the vehicles were on private property at the time that the photographs were taken.

Additionally, the Mayor of Tshwane has launched an “administrative enquiry” into the matter and has extended Mr Jaca two weeks to respond to the matter.

It is vitally important to understand that the National Road Traffic Act has no requirement for proof to be furnished that a vehicle fitted with counterfeit plates has been operated on a public road and that it additionally defines the mere manufacture and/or possession of such plates a criminal offence.

Until Friday 16 September 2011, no criminal matter had been brought against Mr Jaca and it was clear that none would be forthcoming unless JPSA did so, since there is clear cronyism being practiced in this matter. Any civilian accused of a similar crime would have been summarily arrested and charged immediately when the matter arose, but clearly Mr Jaca is considered to be an untouchable who is additionally thought to be above the law due to his position.

Since the emergence of this matter, Mr Jaca has been very busy indeed during the course of last week, having roadworthied, registered and licenced the vehicle which he bought in May 2008 after it was written off and deregistered on 3 March 2008. Below are the indisputable facts on this matter:

• On Monday 12 September 2011, it was revealed that Mr Jaca had affixed these number plates to two (not just one) vehicles – prior to “BALTY GP” even existing on the eNaTIS database. They were therefore counterfeit at that time. The BMW was also unroadworthy, unregistered and unlicensed at that time.
• On Tuesday 13 September 2011, he roadworthied the vehicle at the Randburg Licensing Testing Station in Johannesburg despite him being resident and employed in the Tshwane Metropolitan area.
• On Wednesday 14 September 2011, he registered the vehicle and the personalised plate “BALTYGP”, which in turn relates to a newly registered Gauteng number plate applicable to this vehicle at the vehicle at Mabopane Licensing Department in Pretoria. This vehicle is now registered as a built up (code 3) vehicle.
• On Thursday 15 September 2011, he licenced the vehicle at the vehicle at Mabopane Licensing Department in Pretoria.
It would appear that Mr Jaca, whose biker nickname is “Balty” is under the impression that by now having registered the vehicle and his previously false number plate, all will be forgiven and he will no longer be deemed as to have committed a crime. If only it were that simple, there can be no doubt that scores of other criminals would simply undo their crimes by complying with the law after they have been caught breaking it.

It must be noted that the laying of these criminal charges has nothing whatsoever to do with any personal vendettas against Mr Jaca and I don’t even know him, nor do I have any personal issues at all with him. It is not however in the interests of justice and equality under the framework of South Africa’s laws to knowingly allow any person to commit a crime and not report it since that in itself is also a crime. What’s right is right and what’s wrong is wrong – simple.

Furthermore, no ordinary citizen would have been afforded the leniency and preparedness to turn a blind eye to any crimes they have committed which Mr Jaca has been afforded by the various authorities concerned. Doing so is not justice; it is a gross injustice on the part of all concerned and sends an entirely inappropriate message to all South Africans.

Howard Dembovsky

National Chairman – Justice Project South Africa (NPC)

See below in this release the following:

• Proof that the personalised plate did not exist on the eNaTIS database on Monday 12 September 2011.
• Proof that the vehicle and number plate are now registered on the eNaTIS database.
o Please note that personal particulars and detailed information relating to the legal registration of this plate and vehicle have been partially obscured from these images to protect Mr Jaca’s privacy and prevent criminal activity by those who clone vehicles etc.
• These images are available in downloadable larger format at https://www.jp-sa.org/media.asp