The National Prosecuting Authority (NPA) acknowledges recent convictions handed down by the Upington Regional Court in the Northern Cape, where three foreign nationals were sentenced for various offences related to illegal diamond activities, unlawful possession of proceeds from criminal activities, corruption, and violations of the Immigration Act.
The individuals involved include Victor Tapiwa (45) and Sipho Dube (46), both nationals from Zimbabwe, along with Roy Owen Chauke (43), a dual citizen from Mozambique.
Mojalefa Senokoatsane, NPA Spokesperson, stated that the convictions stem from an intelligence-driven Vehicle Check Point (VCP) operation carried out by the South African Police Service (SAPS) during Operation Phakisa on February 3, 2023, along the R382 public road between Port Nolloth and Kleinzee.
During the operation, police officers stopped a white Mercedes-Benz with five occupants. The three accused were seated in the back seat and were asked to exit with their belongings after officers explained the purpose of the roadblock.
“During the search of Accused 1, police found that his visitor’s visa had expired on December 27, 2014. A backpack search revealed R100,000 in cash hidden in a plastic bag. When asked about the money’s origin, he attempted to flee into nearby bushes with the cash but was quickly detained.
“He later claimed the money was from selling a diamond found at the abandoned Nattaboi mine, which was previously owned by De Beers. He also tried to bribe a police officer to escape arrest. An additional R4,400 was discovered on him,” he stated.
Senokoatsane explained that Accused 2 was caught trying to escape while undergoing immigration checks; his visitor’s visa expired on December 11, 2021.
“A search of his belongings uncovered another R100,000 in cash. He asserted that this money was also gained from diamond sales. Accused 3 similarly possessed R100,000 in cash and claimed his funds derived from diamond transactions. He later provided a written admission to Lieutenant Colonel Van der Westhuizen, confessing that the trio traveled to the Nattaboi mine, obtained a diamond unlawfully, sold it for R300,000, and divided the proceeds equally,” he noted.
Further investigations revealed that none of the accused had the legal permission to deal in unpolished diamonds, as mandated by law.
“The driver and a female passenger in the vehicle were released after it was found they were not connected to the crimes. The accused faced several charges, including selling an unpolished diamond, money laundering (or possession of proceeds from unlawful activities), corruption for Accused 1, and violations of the Immigration Act for Accused 1 and 2. On July 7, 2025, all three pleaded not guilty in the Upington Regional Court. The defense challenged the validity of their admissions and confessions, claiming that their constitutional rights were not adequately communicated and that the statements were made under coercion,” he added.
Senokoatsane reported that the State, represented by Regional Court Prosecutor Rene Ricardo du Plessis, effectively countered this claim during a trial-within-a-trial by providing testimony from the arresting officers and Lieutenant Colonel Van der Westhuizen.
He further mentioned that the defense opted not to present their own evidence. The court determined that the admissions and confession were valid.
“On May 14, 2026, the court issued the following verdict: Victor Tapiwa: Found guilty of possession of proceeds of unlawful activities, corruption, and violation of the Immigration Act (acquitted on the charge of selling an unpolished diamond); Sipho Dube: Found guilty of possession of proceeds of unlawful activities and violation of the Immigration Act (acquitted on selling an unpolished diamond charge); and Roy Owen Chauke: Found guilty of selling an unpolished diamond and possession of proceeds of unlawful activities,” he said.
The sentences given included: Victor Tapiwa receiving a 2-year prison term (possession of proceeds of unlawful activities), wholly suspended for five years; 4 years’ imprisonment (corruption), also wholly suspended for five years; and 30 days of direct imprisonment (contravention of Immigration Act). Sipho Dube was sentenced to 2 years’ imprisonment (possession of proceeds of unlawful activities), wholly suspended for five years, plus 30 days’ direct imprisonment (contravention of Immigration Act). Roy Owen Chauke was sentenced to 2 years’ imprisonment (selling an unpolished diamond), which was wholly suspended for five years, and 2 years’ imprisonment (possession of proceeds of unlawful activities), also wholly suspended for five years. The court approved the State’s request to forfeit R304,400, designating it as proceeds from unlawful activities.
