Four men sentenced after theft halts services at Transnet’s rail station in Eastern Cape

Four men have been sentenced to lengthy prison terms for theft and damage to property belonging to the state’s rail and port company Transnet.

The Nxuba Magistrate’s Court sentenced Charlie van Dyk, 43, Elandre Senekal, 29, Michelle van Straaten, 23, and Kwakhanya Bolowana, 28, to a total of 35 years imprisonment each for housebreaking, damaging essential infrastructure and theft that occurred at the Scalen Rail Station, Nxuba (formerly Cradock), in the Eastern Cape, on 15 and 29 March 2023.

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Malfunction on rail line

National Prosecuting Authority (NPA) regional spokesperson Luxolo Tyali said the group broke into the Transnet facility and stole four batteries, transformers, and cables valued at R57 000, all essential for the operation of the rail network.

“The theft disrupted critical operations, causing significant delays and operational challenges for the rail network,” Tyali said.

“The crime was uncovered when Abongile Yolwa, a Transnet engineer, was alerted by the Johannesburg-based control room about a malfunction on the rail line.

Upon inspection, Yolwa discovered that the facility had been broken into.

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The incident was reported to the police and investigations by members of the K9 unit resulted in a breakthrough.

“Information was received about the suspected stolen property being offloaded at a house in Cawood Street, Nxuba, the residence of the fourth accused, Bolowana. Upon arrival, police observed the four accused driving a Nissan bakkie but found nothing suspicious in the vehicle.”

A search of Bolowana’s house also yielded no evidence. However, two stolen batteries were discovered in a nearby parked vehicle, which Bolowana claimed belonged to his uncle. The batteries were later identified as some of the stolen equipment.

Further investigations led the police to the residence of Van Dyk, where two additional stolen batteries were recovered. The group were subsequently arrested and charged.

One pleads guilty, others maintain their innocence

Despite Van Dyk pleading guilty to the housebreaking charge, his co-accused maintained their innocence throughout the trial.

“Prosecutor Makabongwe Seyibokwe argued for the imposition of minimum sentences, emphasising the severe impact of the crime on essential public infrastructure and the coordinated nature of the theft,” Tyali said.

The court agreed, sentencing the accused to the prescribed minimum sentences: five years for housebreaking, 15 years for damaging essential infrastructure, and 15 years for theft.

Some sentences will run concurrently so that accused two and three will serve an effective sentence of 20 years, while accused one and four will serve 30 years.

Welcoming the sentence, Eastern Cape Director of Public Prosecutions, Barry Madolo, noted that the sentence serves as a strong deterrent against crimes targeting essential infrastructure.

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