Raubex Application to Set Aside Search and Seizure Dismissed by Judge Loubser

Staff Reporter

Bloemfontein – Free State High Court Judge Phillip Loubser has dealt Raubex Construction a major legal setback after dismissing its application to set aside a search and seizure operation conducted on 2 May 2024.

Raubex approached the court following a raid by the Hawks at its construction site along the R57, arising from fraud and corruption allegations linked to the appointment of a sub-contractor.

According to the Directorate for Priority Crime Investigation (DPCI) under case number SCI-P-COMM-FS-OCI Unit CAS: 01/07/2024, the allegations include:

• Fraud and corruption during the bidding and appointment of a sub-contractor by Raubex Construction;

• Claims that the successful bidder was not based in Heilbron or Sasolburg as required;
  Allegations that one of the sub-contractor’s directors was only appointed after the contract had been awarded;

• Claims that the company was not compliant with the Private Security Industry Regulatory Authority (PSIRA).

The Hawks stated that the Free State Department of Community Safety, Roads and Transport had advertised a tender for the upgrading of the road between Heilbron and Sasolburg. The tender was awarded to Raubex Construction on condition that local sub-contractors receive a 30% stake in the project.

“It is alleged that the company appointed by Raubex to provide security services did not originate from Heilbron or Sasolburg. Furthermore, one of its directors allegedly joined the company after its appointment, and the company’s registered address subsequently changed to that of the newly appointed director. The Hawks also allege that the company was not PSIRA compliant.”

The matter was reported to the Hawks, resulting in the authorisation of a search warrant. Several documents were seized for further investigation.

The Hawks’ investigation seeks to establish whether the sub-contractor fraudulently misrepresented:

• The identity of its directors;
• Its geographic origin;
• Its PSIRA compliance status.

Judge Loubser dismissed Raubex Construction’s application with costs.

The respondents in the matter were:

• The Minister of Police;
• Warrant Officer Khauhelo Joseph Tau; and
• Magistrate Aaron Mguni.

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