RE: FIRST CONVICTION FOR COMPANY HIJACKING
SCCU REGIONAL COURT
PRETORIA - The joint co-operation between the Department of Trade and Industry's Companies and Intellectual Property Commission ("CIPC"), the Hawks, SARS, and the Specialised Commercial Crime Unit-Pretoria guided investigations resulted in the conviction of a syndicate that operated within DTI and SARS to fraudulently hijack the identities of big corporations.
This is the first conviction for company hijacking under the new Companies Act No. 71 of 2008 ("2008 Companies Act") which established the Companies and Intellectual Property Commission ("CIPC") as a juristic person to function as an organ of state within the public administration, but as an institution outside the public service. The CIPC replaced the previous Companies and Intellectual Property Registration Office ("CIPRO"). The date of commencement of the 2008 Companies Act was 1 May 2011.
The accused, Mr Madimetja Harry Maja, was a member of a syndicate that fraudulently submitted CM29 forms to the Companies and Intellectual Property Commission ("CIPC") together with minutes and resolutions for the amendment of directorships of Coca Cola Africa (Pty) Ltd, Remag (Pty) Ltd, Ntiro Technolgies (Pty) Ltd and MJS Trading (Pty) Ltd. He was found guilty for fraud. His role, as a member of the public, in the syndicate was to assist members of public to register companies and submit documents to an employee at CIPC.
They gave out and pretended that they were authorised to submit the CM29 documents for the appointment of directors of Coca Cola Africa, RemagNtiroTechnolgies and MJS Trading.
They pretended that the CM29 documents presented were legitimate and official, in terms of the minutes and resolutions, the six (6) Directors of Coca Cola (Pty) Ltd, Remag (Pty) Ltd, NtiroTechnolgies and MJS Trading had resigned and or removed. They fraudulently presented copies of the identity documents for the new directors together with the names, reason for resignation and dates.
They induced the CIPC and its officials to accept and believe that the information was true and correct in the amount of R7.5 million for rebate from SARS. A separation of trial was ordered in respect of other accused.
The case was adjourned to the 29th of July 2014 for sentence. Advocate Patrick Nkuna is prosecuting the case.
Statement issued by Nathi Mncube, NPA Spokesperson, June 23 2014
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