THREE foreign nationals convicted of illegal diamond dealing and related offences in the Northern Cape walked out of the Upington Regional Court as free men last week, with the sentences handed down on 14 May effectively amounting to time already served — a consequence of the more than three years two of the accused spent in custody while awaiting trial.
Victor Tapiwa (45) and Sipho Dube (46), both Zimbabwean nationals, along with Roy Owen Chauke (43), a Mozambican national with dual citizenship, were convicted following a trial that arose from an intelligence-driven police roadblock in February 2023. All custodial sentences imposed — ranging from two to four years — were wholly suspended for five years. The only direct imprisonment was 30 days each for Tapiwa and Dube on contraventions of the Immigration Act, a period both had long exceeded in pre-trial detention.
The court did, however, grant the State’s application for forfeiture of R304 400 in cash seized at the time of arrest, declaring the funds proceeds of unlawful activities.
THE ROADBLOCK
On 3 February 2023, members of the South African Police Service stopped a white Mercedes-Benz on the R382 between Port Nolloth and Kleinzee as part of Operation Phakisa, a law enforcement initiative targeting illegal mining and diamond smuggling in the Northern Cape.
The vehicle carried five occupants. The three accused were seated in the back. When officers searched Tapiwa, they found his visitor’s visa had expired in December 2014 — more than eight years prior. His backpack contained R100 000 in cash concealed in a plastic bag. When questioned, he fled into the nearby veld but was quickly apprehended. He later claimed the money came from the sale of a diamond recovered from the abandoned Nattaboi mine, formerly owned by De Beers. A further R4 400 was found on his person, and he was separately alleged to have attempted to bribe an arresting officer.
Dube attempted to flee during immigration screening and was apprehended. His visa had expired in December 2021. His luggage also contained R100 000 in cash, which he likewise attributed to a diamond sale.
Chauke, the third accused, was found with a further R100 000 in cash and subsequently provided a written confession to Lieutenant Colonel Van der Westhuizen of the SAPS, stating that all three men had travelled together to the Nattaboi mine, unlawfully extracted a diamond, sold it for R300 000, and divided the proceeds equally. Investigations confirmed that none of the three held legal authorisation to buy or sell unpolished diamonds.
The driver of the vehicle and a female passenger were released after no evidence linking them to the offences was established.
THE TRIAL
All three accused pleaded not guilty on 7 July 2025. The defence mounted a challenge to the admissibility of the admissions and confession, arguing that constitutional rights had not been properly explained and that the statements were not made freely and voluntarily.
Regional Court Prosecutor Rene Ricardo du Plessis successfully opposed the challenge in a trial-within-a-trial, presenting testimony from arresting officers and Lieutenant Colonel Van der Westhuizen. The defence elected not to lead evidence in response. The court ruled both the admissions and the confession admissible.
VERDICTS AND SENTENCES
Tapiwa was convicted of possession of proceeds of unlawful activities, corruption, and contravention of the Immigration Act. He was acquitted on the charge of selling an unpolished diamond. He received two years for the money laundering count and four years for corruption — both wholly suspended for five years — and 30 days’ direct imprisonment for the immigration offence.
Dube was convicted of possession of proceeds of unlawful activities and contravention of the Immigration Act, also being acquitted on the diamond selling charge. He received two years’ wholly suspended imprisonment for money laundering and 30 days’ direct imprisonment for immigration violation.
Chauke, uniquely among the three, was convicted of selling an unpolished diamond as well as possession of proceeds of unlawful activities. Both counts attracted two-year sentences, wholly suspended for five years.
In aggravation, the State had submitted that the offences constituted serious economic crimes undermining South Africa’s lawful mining sector and regulatory framework, and requested direct imprisonment and forfeiture. The court’s sentencing remarks acknowledged the time the accused had already spent in custody.
NPA RESPONSE
In a statement following the conviction, NPA Regional Spokesperson Mojalefa Senokoatsane said the authority remained committed to combating illegal mining, illicit diamond trading, corruption, and organised criminal activity.
“These offences not only deprive the State of valuable resources and revenue but also fuel broader criminal networks that undermine the rule of law and community safety,” the statement read.
The NPA said it would continue working with the SAPS, immigration authorities, and other law enforcement partners to prosecute illegal exploitation of South Africa’s mineral resources.
