IN THE HIGH COURT OF SOUTH AFRICA [WESTERN CAPE DIVISION, CAPE TOWN] THE STATE versus RALPH ISRAEL STANFIELD A 45-year-old adult South African male, residing at 5) > SNES Veet NICOLE TRACEY JOHNSON A 37-year-old adult South African female, residing at 5] SO). EERO. TOO JOHANNES ABRAHAMS A 45-year-old adult South African male, residing at 9] I) Ears eee DENVER BOOYSEN A38-year-old adult South African male, residing at J DEA BR: BEA BEG VIOxOZ01 OA JOSE BRANDT ‘A 28-year-old adult South African male, residing at Ig AA. SOOO . =e Eas JONATHAN CLOETE A 46-year-old adult South African male, residing at 9 SY BRS BRO. Fes 1 ABRAHAM WILSON (DECEASED) A 46-year-old adult South African male, residing at 9 IG DRM: DEE BE =10. 1. 12, 13. 14, 15. SHAKEEL PELSTON A 28-year-old adult South AVrican male, residing ot I AE. ASSIS. po] IMTYAAS SEDICK A 37-year-old adult South African male, residing at 4 AES A BA a es WARREN LEE DENNIS A 40-year-old adult South African male, residi MICHAEL MORRIS A 38-year-old adult South African male, residing at| CHEVONNE MCNABB. 38-year-old adult South African male, residing at I A. BBR BE SHARAZAADT ESSOP A 35-year-old South AVrican male, residing ot St DAG. RS as BRANDON CORNELIUS A 34-year-old South African male, residing at 9 IS EG: SOROe. aes KEATHAN GARDINER A 38-year-old South African male, residing at I) SES DEGRA BE BEGG ms (hereinafter referred to as “the accused”) INDICTMENT 2 [PageGENERAL PREAMBLE OFFENCES RELATING TO CRIMINAL GANG ACTIVITIES WHEREAS the Prevention of Organised Crime Act, Act No. 121 of 1998 (hereafter referred to as "POCA’) defines in Chapter 4 thereof various criminal offences relating to Criminal Gang Activities, AND WHEREAS POCA provides in section 9(1)(b) that any person who “actively participates in oris a member of a criminal gang and who threatens to commit, bring about or perform any act of violence or any criminal activity by @ criminal gang or with the assistance of a criminal gang’ is guilty of a criminal offence, AND WHEREAS POCA provides in section 9(2)(a) that any person who “performs any act which is aimed at causing, bringing about, promoting or contributing towards a pattem of criminal gang activity’ is guilty of a criminal offence, AND WHEREAS POCA provides in section 9(2)(b) that any person who ‘incites, instigates, commands, aids, advises, encourages or procures any other person to commit, bring about, perform or participate in a pattern of criminal gang activity” is guilty of a criminal offence, AND WHEREAS section 1 of POCA defines a ‘Criminal Gang’ as including “any formal or informal ongoing organisation, association or group of three or more persons, which has as one of its activities the commission of one or more criminal offences, which has an ‘identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattem of criminal gang activities”, AND WHEREAS section 1 of POCA defines a ‘Pattern of Criminal Gang Activity’ as including “the commission of two or more criminal offences referred to in Schedule 1, provided that at least one of those offences occurred after the date of commencement of Chapter 4 and the last of those offences occurred within three years after a prior offence and the offences were committed- 3|Page(a) on separate occasions; or (b) on the same occasion, by two or more persons who are members of. or belong to, the same criminal gang’, AND WHEREAS a Court, in considering whether a person i for purposes of Chapter 4 of POCA, may have regard to the factors listed in Section 11 of POCA. a member of a criminal gang NOW THEREFORE the State alleges: (1) THE EXISTENCE OF A “CRIMINAL GANG” THAT a "Criminal Gang", as defined in Section 1 of POCA and as intended in Section 9 thereof, existed at all times relevant to the charges, to wit the "The Firm” criminal gang, operating in Miinerton, Wynberg, Bishop Lavis, Kraaifontein, Parow, Somerset West, Belhar, Green-Point, Kuils River and Blue Downs in the districts of Cape Town, Wynberg, Bishop Lavis, Kuils River, Bellville, Somerset West and Bluedowns: AND THAT the ‘Criminal Gang” comprises of a group of three or more individuals, including Ralph Israel Stanfield, Nicole Tracey Johnson, Johannes Abrahams, Denver Booysen, Jose Brandt, Jonathan Cloete, Abraham Wilson, Shakeel Pelston, Imtyaas Sedick, Warren Lee Dennis, Michael Morris, Chevonne McNabb, Sharazaadht Essop, Brandon Conelius, Donovan van Wyk and Keathan Gardiner. AND THAT a ‘Criminal Gang’ has a formal and/or informal structure, in that members of the "Criminal Gang” carry distinguishing ranks and/or hold distinguishing positions of leadership and subservience, in accordance with a ranking system traditionally inspired by the ranking system of the “28” Prison Gang, but not strictly adhered to on a street level, AND THAT the existence of the ‘Criminal Gang” is ongoing in nature, AND THAT the “Criminal Gang’ has Identifiable signs and symbols, including the words and/or the abbreviation "THE FIRM’, A|PageAND THAT the “Criminal Gang’ often tattoo the above words or symbols onto themselves, AND THAT the “Criminal Gang” has an identifiable name, to wit ‘THE FIRM’, AND THAT the “Criminal Gang” has as one of its activities the commission of one or more criminal offences, AND THAT the members of the “Criminal Gang’, individually or collectively, engaged in a “pattern of criminal gang activity, as set out hereinafter, (2) A“PATTERN OF CRIMINAL GANG ACTIVITY” THAT a ‘pattern of criminal gang activity" exists, as is set out in Counts 2 — 38 of the indictment. The offences set out in Counts 2 to 38 of the indictment are offences contemplated in Schedule 1 of POCA, as aforementioned, AND THAT the offences set out in Counts 2 - 38 of the indictment were all perpetrated after 21 January 1999, being the date of the commencement of Chapter 4 of POCA, AND THAT the offences set out in Counts 2 ~ 38 of the indictment are consistent with the usual criminal activities of the “Criminal Gang" and were perpetrated by the Accused in their capacities as members of the "Criminal Gang’, to the benefit of the "Criminal Gang”, (3) THE ACCUSED AND THAT the Accused are all members of “THE FIRM" Criminal Gang” and were all members thereof at all times relevant to the indictment. WHEREAS the “THE FIRM" are a criminal gang, as defined in section 1 of POCA, in that 2 formal or informal, ongoing organisation, association or group of three or more persons, which has the commission of one or more criminal offences as one of its activities and which has an identifiable name and identifiable signs and symbols and whose members, individually or collectively, engage in or have engaged in a pattern of criminal gang activity, including the pattern set out in Counts 2~ 38 of the indictment; 51PageAND WHEREAS POCA provides in section 9(1)(a) that any person who “actively Participates in or is a member of a criminal gang and who wilfully aids and abets any criminal activity committed for the benefit of, at the direction of or in association with any criminal gang’ is guilty of a criminal offence; AND WHEREAS POCA provides in section 9(1)(b) that any person who “actively participates in or is a member of a criminal gang and who threatens to commit, bring about or perform any act of violence or any criminal activity by a criminal gang or with the assistance of a criminal gang” is guilty of a criminal offence; AND WHEREAS POCA provides in section 9(2)(a) that any person who “performs any act at which is aimed at causing, bringing about, promoting or contributing towards a pattern of criminal gang activity’ is guilty of a criminal offence; AND WHEREAS POCA provides in section 9(2)(b) that any person who “incites, instigates, commands, aids, advises, encourages or procures any other person to commit, bring about, perform or participate in a pattern of criminal gang activity’ is guilty of a criminal offence; NOW THEREFORE THE STATE ALLEGES THAT THE ACCUSED ARE GUILTY OF ‘THE FOLLOWING CRIMINAL GANG OFFENCES: THAT between November 2019 and November 2023 and at or near Milnerton, Wynberg, Bishop Lavis, Kraaifontein, Parow, Somerset West, Belhar, Green-Point, Kuils River and Blue Downs in the districts of Cape Town, Wynberg, Bishop Lavis, Kuils River, Bellville, ‘Somerset West and Blue Downs committed the following offences: COUNT 1 (ACCUSED 1, 6, 8, 11, 13 AND 14) COUNT 2 (ALL ACCUSED EXCEPT 14) A CONTRAVENTION OF SECTION 9(1)(a) OF ACT 121 OF 1998 [AIDING AND ABETTING IN CRIMINAL GANG ACTIVITY] 6 [PageTHAT THE ACCUSED are guilty of a contravention of Section 9(1)(a), read with sections 1, 10 and 11 of The Prevention of Organised Crime Act, Act 121 of 1998. IN THAT THE ACCUSED between, COUNT 1: October 2019 and October 2022, COUNT 2: November 2022 and November 2023, and at or near Milnerton, Wynberg, Bishop Lavis, Kraaifontein, Parow, Somerset West, Belhar and Green-Point in the districts of Cape Town, Wynberg, Bishop Lavis, Kuils River, Bellville and Somerset West actively participated in or as members of a I gang, wrongfully, unlawfully, intentionally and wilfully aided and abetted any criminal activity for the benefit of, at the direction of, or in association with the “THE FIRM” criminal gang, to wit the offences set out in COUNTS 3-38. ALTERNATIVELY (ALL THE ACCUSED) A CONTRAVENTION OF SECTION 9(2)(a) OF ACT 121 OF 1998 [CAUSING OR CONTRIBUTING TO A PATTERN OF CRIMINAL GANG ACTIVITY] THAT THE ACCUSED are guilty of a contravention of section 9(2)(a), read with sections 1, 10 and 11 of the Prevention of Organised Crime Act, Act 121 of 1998. IN THAT THE ACCUSED between, ALT. COUNT 1; October 2019 and October 2022, ALT. COUNT 2: November 2022 and November 2023, and at or near Milnerton, Wynberg, Bishop Lavis, Kraaifontein, Parow, Somerset West, Belhar and Green-Point in the districts of Cape Town, Wynberg, Bishop Lavis, Kuils River, Bellville and Somerset West wrongfully and unlawfully performed any act which was aimed at causing, bringing about, promoting or contributing towards a pattern of criminal gang activity, to wit the offences set out in COUNTS 3 - 38 7|PageCOUNT 3 (ACCUSED 1, 6 and 8) CONSPIRACY TO COMMIT MURDER THAT the acoused are guilty of the offence of contravening the provisions of Section 18(2)(a) of the Riotous Assemblies Act, 17 of 1956 read with Sections 51(1), 51(2) of the Criminal Law Amendment Act, 105 of 1997 ~ Conspiracy to commit murder. AND THAT the provisions of Section 10(3) of the Prevention of Organised Crime Act, Act 121 of 1998 are applicable. IN THAT on or about November 2019 and at or near London Read, Salt River in the District of the City of Cape Town, the accused, unlawfully and intentionally conspired to aid or procure the commission of, or to commit an offence, to wit to unlawfully and intentionally kill RASHIED STAGGIE, male persons by shooting him with firearms, COUNT 4 (ACCUSED 1, 6, 8 and 13) THAT THE ACCUSED ARE GUILTY OF MURDER read with Sections 1, 256, 257, 258 and 270 of the Criminal Procedure Act, Act 51 of 1977 and further read with the provisions of Section 51(1) of The Criminal Law Amendment Act No. 105 of 1997. AND THAT the provisions of Section 10(3) of the Prevention of Organised Crime Act, Act 121 of 1998 are applicable. IN THAT the accused on 13 December 2019 at or near London Road, Salt River in the District of the City of Cape Town, did unlawfully and intentionally kill RASHIED STAGGIE, a male person, by shooting him with firearms. AND THAT the provisions of section 51(1) of the Criminal Law Amendment Act 105 of 1997 are applicable, in that (2) the offence was planned or premeditated; or (b) the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or conspiracy 8] PageCOUNT 5 (ACCUSED 8 and 13) POSSESSION OF AN UNLICENCED FIREARM THAT THE ACCUSED is guilty of a contravention of Section 3 read with sections 1, 103, 117, 120(1)(a) and 121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, Act 51 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998. IN THAT on or about 13 December 2019 at or near London Road, Salt River in the District of the City of Cape Town, the accused did unlawfully have in their possession firearms, the further particulars of which are unknown to the State, without holding a licence, permit or authorization issued in terms of the Act to possess the said firearms. COUNT 6 (ACCUSED 8 and 13) UNLAWFUL POSSESSION OF AMMUNITION THAT THE ACCUSED is guilty of a contravention of Section 90 read with sections 1, 103, 117, 120(1)(a), Section121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, 51 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998, IN THAT on or about 13 December 2019 at or near London Road, Salt River in the District of the City of Cape Town, the accused did unlawfully have in their possession an unknown quantity of live rounds of ammunition being in lawful possession of (a) allicence in respect of a firearm capable of discharging that ammunition, (b) a permit to possess ammunition, (©) a dealer's licence, manufacturer's licence, gunsmith's licence, import, export or in- transit permit issued in terms of this Act, (d) or being otherwise authorised to do so. 91PageCOUNT 7 (ACCUSED 6 AND 11) THAT THE ACCUSED ARE GUILTY OF MURDER read with Sections 1, 256, 257, 256 and 270 of the Criminal Procedure Act, Act 51 of 1977 and further read with the provisions of Section §1(1) of The Criminal Law Amendment Act No. 105 of 1997. AND THAT the provisions of Section 10(3) of the Prevention of Organised Crime Act, Act 121 of 1998 are applicable. IN THAT the accused on 2 February 2021 at or near Kraaifontein, in the district of Kuils River, did unlawfully and intentionally kill WILLIAM STEVENS, a male person, by shooting him with a firearm, AND THAT the provisions of section 51(1) of the Criminal Law Amendment Act 105 of 1997 are applicable, in that: (a) the offence was planned or premeditated; or (b) the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or conspiracy. COUNT 8 (ACCUSED 6 AND 11) THAT THE ACCUSED IS GUILTY OF ATTEMPTED MURDER. AND THAT the provisions of Section 51(2) of the Criminal Law Amendment Act No. 105 of 1997 are applicable in that this crime is mentioned in Part IV of Schedule 2 of the said Act and that the provisions of Section 10(3) of the Prevention of Organised Crime Act, Act 121 of 1998 and Section 258 of the Criminal Procedure Act, Act 51 of 1977 are applicable, IN THAT the accused on 2 February 2021 at or near Kraaifontein, in the district of Kuils, River, did untawfully and intentionally attempt to kill NAME WITHHELD, a female person, by shooting at her with a firearm. AND THAT the provision of section 51 (2) of the Criminal Law Amendment Act is applicable in that: 10|PageThe offence involves an assault, when a dangerous wound was inflicted with a firearm, other than the offences referred to in Part |, Il and IIl of the schedule. COUNT 9 (ACCUSED 6 AND 11) POSSESSION OF AN UNLICENCED FIREARM. THAT THE ACCUSED is guilty of a contravention of Section 3 read with sections 1, 103, 117, 120(1)(a) and 121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, Act 51 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998. IN THAT on or about 2 February 2021 at or near Kraaifontein, in the district of Kuils River, the accused did unlawfully have in their possession firearms, the further particulars of which are unknown to the State, without holding a licence, permit or authorization issued in terms of the Act to possess the said firearms. COUNT 10 (ACCUSED 6 AND 11) UNLAWFUL POSSESSION OF AMMUNITION THAT THE ACCUSED is guilty of a contravention of Section 90 read with sections 1, 103, 117, 120(1)(a), Section121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, 51 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998. IN THAT on or about 2 February 2021 at or near Kraaifontein, in the district of Kuls River, the accused did unlawfully have in their possession an unknown quantity of live rounds of ammunition being in lawful possession of (a) allicence in respect of a firearm capable of discharging that ammur 11 | Page(b) a permit to possess ammunition, ()_ @ dealer's licence, manufacturer's licence, gunsmith’s licence, import, export or in- transit permit issued in terms of this Act, () or being otherwise authorised to do so. COUNT 11 (ACCUSED 6 AND 14) THAT THE ACCUSED ARE GUILTY OF MURDER read with Sections 1, 256, 257, 258 and 270 of the Criminal Procedure Act, Act 51 of 1977 and further read with the provisions of Section 51(1) of The Criminal Law Amendment Act No. 105 of 1997. AND THAT the provisions of Section 10(3) of the Prevention of Organised Crime Act, Act 121 of 1998 are applicable. IN THAT the accused on 7 September 2021 at or near Parow, in the district of Bellville, did unlawfully and intentionally kill FAIZEL ADAMS, a male person, by shooting him with a firearm. AND THAT the provisions of section 51(1) of the Criminal Law Amendment Act 105 of 1997 are applicable, in that: (a) the offence was planned or premeditated, or (b)_ the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or conspiracy. COUNT 12 (ACCUSED 6 AND 14) POSSESSION OF AN UNLICENCED FIREARM THAT THE ACCUSED is guilty of a contravention of Section 3 read with sections 1, 103, 147, 120(1)(a) and 121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, Act 51 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998, 12|PageIN THAT on or about 7 September 2021 at or near Parow, in the district of Bellville, the accused did unlawfully have in their possession firearms, the further particulars of which are unknown to the State, without holding a licence, permit or authorization issued in terms of the Act to possess the said firearms. COUNT 13 (ACCUSED 6 AND 14) UNLAWFUL POSSESSION OF AMMUNITION THAT THE ACCUSED is guilty of a contravention of Section 90 read with sections 1, 103, 117, 120(1)(a), Section121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, 51 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998. IN THAT on or about 7 September 2021 at or near Parow, in the district of Bellville, the accused did unlawfully have in their possession an unknown quantity of live rounds of ammunition being in lawful possession of (a) _alicence in respect of a firearm capable of discharging that ammunition, (b) a permit to possess ammunition, (c) a dealer's licence, manufacturer's licence, gunsmith’s licence, import, export or in- transit permit issued in terms of this Act, (@)_ or being otherwise authorised to do so. COUNT 14 (ACCUSED 6) THAT THE ACCUSED ARE GUILTY OF MURDER read with Sections 1, 256, 257, 258 and 270 of the Criminal Procedure Act, Act 51 of 1977 and further read with the provisions of Section 51(1) of The Criminal Law Amendment Act No. 105 of 1997. AND THAT the provisions of Section 10(3) of the Prevention of Organised Crime Act, Act 121 of 1998 are applicable. 13 | PageIN THAT the accused on 30 September 2021 at or near Parow, in the district of Bellville, did unlawfully and intentionally kill ISMAIL ABRAHAMS, a male person, by shooting him with a firearm. AND THAT the provisions of section 51(1) of the Criminal Law Amendment Act 105 of 1997 are applicable, in that: (a) the offence was planned or premeditated; or (b)_ the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or conspiracy. COUNT 15 (ACCUSED 6) THAT THE ACCUSED IS GUILTY OF ATTEMPTED MURDER. AND THAT the provisions of Section 51(2) of the Criminal Law Amendment Act No. 105 of 1997 are applicable in that this crime is mentioned in Part lV of Schedule 2 of the sald Act and that the provisions of Section 10(3) of the Prevention of Organised Crime Act, Act 121 of 1998 and Section 258 of the Criminal Procedure Act, Act 51 of 1977 are applicable, IN THAT the accused on 30 September 2021 at or near Parow, in the district of Bellville, did unlawfully and intentionally attempt to kill NAME WITHHELD, a male person, by shooting at him with a firearm. AND THAT the provision of section 51 (2) of the Criminal Law Amendment Act is applicable in that: The offence involves an assault, when a dangerous wound was inflicted with a firearm, other than the offences referred to in Part I, Il and III of the schedule. COUNT 16 (ACCUSED 6) POSSESSION OF AN UNLICENCED FIREARM. 14 [PageTHAT THE ACCUSED is guilty of a contravention of Section 3 read with sections 1, 103, 117, 120(1)(a) and 121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, Act 51 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998 IN THAT on or about 30 September 2021 at or near Parow, in the district of Bellville, the accused did unlawfully have in their possession firearms, the further particulars of which are unknown to the State, without holding a licence, permit or authorization issued in terms of the Act to possess the said firearms. COUNT 17 (ACCUSED 6) UNLAWFUL POSSESSION OF AMMUNITION THAT THE ACCUSED is guilty of a contravention of Section 90 read with sections 1, 103, 117, 120(1)(a), Section121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, 51 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998, IN THAT on or about 30 September 2021 at or near Parow, in the district of Bellville, the accused did unlawfully have in their possession an unknown quantity of live rounds of ‘ammunition being in lawful possession of (a) a licence in respect of a firearm capable of discharging that ammunition, (b) a permit to possess ammunition, (©) a dealer's licence, manufacturer's licence, gunsmith’s licence, import, export or in- transit permit issued in terms of this Act, (d) or being otherwise authorised to do so. COUNT 18 (ACCUSED 1, 2, 3 AND 4 ONLY) THAT the accused are guilty of the crime of Theft of a Motor vehicle 15|PageAND THAT on or about 24 November 2022 and at or near Palm Springs Security Complex, Miinerton in the District of Cape Town, the accused did unlawfully and intentionally steal a motor vehicle, to wit a Black BMW value R326 202.62 with registration number CY 410 304, the property or in the lawful possession of the details of the lawful owner andior possessor of the said motor vehicle is not disclosed for the safety of the aforesaid owner andlor possessor. COUNT 19 (ACCUSED 1,3 AND 4 ONLY) THAT the accused are guilty of the crime of Robbery AND THAT upon or about 24 November 2022 and at or near Palmsprings Security Complex, Milnerton in the District of Cape Town, the accused did unlawfully and intentionally assault the name of the complainant is not disclosed for his safety and did then and with force take the following items from him to wit a cell phone his property or property in his lawful possession. COUNT 20 (ACCUSED 1) THAT the accused are guilty of the crime of Fraud AND THAT upon or about 24 November 2022 and at or near Palm Springs Security Complex, Milnerton in the District of Cape Town, the acoused did unlawfully, falsely and with the intent to defraud and to the prejudice or potential prejudice of the name of the complainant/victim is not disclosed for the safety of the victim give out and pretend to Sindephi Mgokolo a Police officer that they are the lawful owners of a Black BMW with Registration number CY 410 304 WHEREAS in truth and in fact when the accused gave out and pretended as aforesaid, he/she/they knew that in truth and in fact: They were not the lawful owners of the said motor vehicle. COUNT 24 (ACCUSED 2) THAT the accused are guilty of the crime of Fraud 16| PageAND THAT 24 November 2022 and at or near Palm Springs Security Complex, Milnerton in the District of Cape Town, the accused did unlawfully, falsely and with the intent to defraud and to the prejudice or potential prejudice of the name of the complainantvicti to an employee of Tracker that she was the lawful owner of a Black BMW with Registration number CY 410 304. is not disclosed for the safety of the victim give out and pretend WHEREAS in truth and in fact when the accused gave out and pretended as aforesaid, he/she/they knew that in truth and in fact: ‘She knew she was not the lawful owner of the said motor vehicle. COUNT 22 (ACCUSED 1 AND 15) ROBBERY In that upon or about 14 January 2023 and at or near Andrew Street, Valhalla Park in the district of Bishop Lavis the accused unlawfully assaulted name withheld, and by intentionally using force and violence to induce submission by the aforesaid person, took and stole from her certain property, a Toyota Fortuner value R170 000, her property or in her lawful possession, and thus robbed her of same. COUNT 23 (ACCUSED 10, 11 AND 13) THAT THE ACCUSED ARE GUILTY OF MURDER read with Sections 1, 256, 257, 258 and 270 of the Criminal Procedure Act, Act 51 of 1977 and further read with the provisions of Section 51(1) of The Criminal Law Amendment Act No. 105 of 1997. AND THAT the provisions of Section 10(3) of the Prevention of Organised Crime Act, Act 421 of 1998 are applicable. IN THAT the accused on 16 February 2023 at or near Mandara Street, Delft, in the district of Bellville, did unlawfully and intentionally kill Wendy Kloppers, a female person, by shooting her with a firearm, a7|PageAND THAT the provisions of section 51(1) of the Criminal Law Amendment Act 105 of 1997 are applicable, in that: (@) the offence was planned or premeditated; or (b) the offence was committed by a person, group of persons or syndicate acting in the ‘execution or furtherance of a common purpose or conspiracy. COUNT 24 (ACCUSED 10, 11 AND 13) THAT THE ACCUSED IS GUILTY OF ATTEMPTED MURDER. AND THAT the provisions of Section 51(2) of the Criminal Law Amendment Act No. 105 of 1997 are applicable in that this crime is mentioned in Part IV of Schedule 2 of the said Act and that the provisions of Section 10(3) of the Prevention of Organised Crime Act, Act 121 of 1998 and Section 258 of the Criminal Procedure Act, Act 51 of 1977 are applicable, IN THAT the accused on 16 February 2023 at or near Mandara Street, Delft, in the district of Bellville, did unlawfully and intentionally attempt to kill NAME WITHHELD, a female person, by shooting at her with a firearm. AND THAT the provision of section §1 (2) of the Criminal Law Amendment Act is applicable in that: The offence involves an assault, when a dangerous wound was inflicted with a firearm, other than the offences referred to in Part |, II and Ill of the schedule. COUNT 25 (ACCUSED 10, 11 AND 13) POSSESSION OF AN UNLICENCED FIREARM THAT THE ACCUSED is guilty of a contravention of Section 3 read with sections 1, 103, 117, 120(1}(a) and 121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, Act 51 of 1977 and 18 | Pagefurther read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998. IN THAT on or about 16 February 2023 at or near Mandara Street, Delft, in the district of Bellville, the accused did unlawfully have in their possession firearms, the further particulars of which are unknown to the State, without holding a licence, permit or authorization issued in terms of the Act to possess the said firearms. COUNT 26 (ACCUSED 10, 11 AND 13) UNLAWFUL POSSESSION OF AMMUNITION THAT THE ACCUSED is guilty of a contravention of Section 90 read with sections 1, 103, 417, 120(1)(a), Section121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, 51 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998, IN THAT on or about 16 February 2023 at or near Mandara Street, Delft, in the district of Bellvil live rounds of ammunition being in lawful possession of the accused did unlawfully have in their possession an unknown quantity of (2) allicence in respect of a firearm capable of discharging that ammunition, (b) a pemnit to possess ammunition, (c) a dealer's licence, manufacturer's licence, gunsmith’s licence, import, export or in- transit permit issued in terms of this Act, (d) or being otherwise authorised to do so, COUNTS 27 and 28 (ACCUSED 6, 7 AND 13) THAT THE ACCUSED IS GUILTY of ATTEMPTED MURDER. AND THAT the provisions of Section 51(2) of the Criminal Law Amendment Act No. 105 of 1997 are applicable in that this crime is mentioned in Part IV of Schedule 2 of the said 19|PageAct and that the provisions of Section 10(3) of the Prevention of Organised Crime Act, Act 121 of 1998 and Section 258 of the Criminal Procedure Act, Act 51 of 1977 are applicable. IN THAT the accused on 10 March 2023 at or near Somerset West, in the district of Somerset West, did unlawfully and intentionally attempt to kill, COUNT 27: GARRON POTTS, a male person, COUNT 28: ALPHONSO AMBROSE, a male person, by shooting them with firearms, AND THAT the provision of section 51 (2) of the Criminal Law Amendment Act is applicable in that: The offence involves an assault, when a dangerous wound was inflicted with a firearm, other than the offences referred to in Part I, II and Ill of the schedule. COUNT 29 (ACCUSED 6, 7 AND 13) POSSESSION OF AN UNLICENCED FIREARM THAT THE ACCUSED is guilty of a contravention of Section 3 read with sections 1, 103, 417, 120(1)(a) and 121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, Act 51 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998. IN THAT on or about 10 March 2023 at or near Somerset West, in the district of Somerset West, the accused did unlawfully have in their possession firearms, the further particulars ‘of which are unknown to the State, without holding a licence, permit or authorization issued in terms of the Act to possess the said firearms, COUNT 30 (ACCUSED 6, 7 AND 13) UNLAWFUL POSSESSION OF AMMUNITION 20|PageTHAT THE ACCUSED is guilty of a contravention of Section 90 read with sections 1, 103, 117, 120(1)(a), Section121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, 1 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998. IN THAT on or about 10 March 2023 at or near Somerset West, in the district of Somerset West, the accused did unlawfully have in their possession an unknown quantity of live rounds of ammunition being in lawful possession of (a) a licence in respect of a firearm capable of discharging that ammunition, (b) apermit to possess ammunition, (c) a dealer's licence, manufacturer's licence, gunsmiths licence, import, export or in- transit permit issued in terms of this Act, (a) or being otherwise authorised to do so. COUNT 31 (ACCUSED 6, 8, 9 AND 13) THAT THE ACCUSED IS GUILTY of ATTEMPTED MURDER. AND THAT the provisions of Section 51(2) of the Criminal Law Amendment Act No. 105 of 1997 are applicable in that this crime is mentioned in Part IV of Schedule 2 of the said Act and that the provisions of Section 10(3) of the Prevention of Organised Crime Act, Act 121 of 1998 and Section 258 of the Criminal Procedure Act, Act 51 of 1977 are applicable. IN THAT the accused on 31 March 2023 at or near Belhar, in the district of Bellville, did unlawfully and intentionally attempt to kill JOEL BOOYSEN, a male person, by shooting at him with a firearm. COUNT 32 (ACCUSED 6, 8, 9 AND 13) POSSESSION OF AN UNLICENCED FIREARM THAT THE ACCUSED is guilty of a contravention of Section 3 read with sections 1, 103, 417, 120(1)(a) and 121 read with Schedule 4 and Section 151 of the Firearms Control Act, ziPage60 of 2000 and read with Section 250 of the Criminal Procedure Act, Act §1 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998. IN THAT on or about 31 March 2023 at or near Belhar, in the district of Bellville, the accused did unlawfully have in their possession firearms, the further particulars of which are unknown to the State, without holding a licence, permit or authorization issued in terms of the Act to possess the said firearms. COUNT 33 (ACCUSED 6, 8, 9 AND 13) UNLAWFUL POSSESSION OF AMMUNITION THAT THE ACCUSED is guilty of a contravention of Section 90 read with sections 1, 103, 117, 120(1)(a), Section121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, 51 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998. IN THAT on or about 31 March 2023 at or near Belhar, in the district of Bellville, the accused did unlawfully have in their possession an unknown quantity of live rounds of ammunition being in lawful possession of (2) a licence in respect of a firearm capable of discharging that ammunition, (b) a permit to possess ammunition, (0) a dealer's licence, manufacturer's licence, gunsmith’s licence, import, export or in- transit permit issued in terms of this Act, (a) or being otherwise authorised to do so. COUNT 34 (ACCUSED 6 and 13) THAT THE ACCUSED IS GUILTY of ATTEMPTED MURDER. [PageAND THAT the provisions of Section 51(2) of the Criminal Law Amendment Act No. 105 of 1997 are applicable in that this crime is mentioned in Part IV of Schedule 2 of the said Act and that the provisions of Section 10(3) of the Prevention of Organised Crime Act, Act 121 of 1998 and Section 258 of the Criminal Procedure Act, Act 51 of 1977 are applicable, IN THAT the accused on 5 May 2023 at or near Green Point, in the district of Cape Town, did unlawfully and intentionally attempt to kill JOEL BOOYSEN, a male person, by shooting him with a firearm. AND THAT the provision of section 51 (2) of the Criminal Law Amendment Act is applicable in that: The offence involves an assault, when a dangerous wound was inflicted with a firearm, other than the offences referred to in Part |, II and Ill of the schedule. COUNT 35 (ACCUSED 6 and 13) POSSESSION OF AN UNLICENCED FIREARM. THAT THE ACCUSED is guilty of a contravention of Section 3 read with sections 1, 103, 117, 120(1)(a) and 121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, Act 51 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998. IN THAT on or about § May 2023 at or near Green Point, in the district of Cape Town, the accused did unlawfully have in their possession firearms, the further particulars of which are unknown to the State, without holding a licence, permit or authorization issued in terms of the Act to possess the said firearms. COUNT 36 (ACCUSED 6 and 13) UNLAWFUL POSSESSION OF AMMUNITION 23 | PageTHAT THE ACCUSED is guilty of a contravention of Section 90 read with sections 1, 103, 147, 120(1)(a), Section121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, 81 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998. IN THAT on or about 5 May 2023 at or near Green Point, in the district of Cape Town, the accused did unlawfully have in their possession an unknown quantity of live rounds of ‘ammunition being in tawful possession of (a) _allicence in respect of a firearm capable of discharging that ammunition, (b) a permit to possess ammunition, (©) a dealer's licence, manufacturer's licence, gunsmith’s licence, import, export or in- transit permit issued in terms of this Act, (d) or being otherwise authorised to do so. COUNT 37 (ACCUSED 1, 5 AND 12) THAT THE ACCUSED IS GUILTY of ATTEMPTED MURDER. AND THAT the provisions of Section 51(2) of the Criminal Law Amendment Act No. 105 of 1997 are applicable in that this crime is mentioned in Part IV of Schedule 2 of the said Act and that the provisions of Section 10(3) of the Prevention of Organised Crime Act, Act 121 of 1998 and Section 258 of the Criminal Procedure Act, Act §1 of 1977 are applicable. IN THAT on or about 7 September 2023 and at or near Koeberg Road, Maitland in the district of Cape Town, the accused did unlawfully and intentionally attempt to kill an adult male person, the further details of whom the State does not want to disclose for the safety if the victim, by shooting him with a firearm. AND THAT the provision of section 51 (2) of the Criminal Law Amendment Act is applicable in that: The offence involves an assault, when a dangerous wound was inflicted with a firearm, other then the offences referred to in Part |, II and II! of the schedule. 2a|PageCOUNT 38 (ACCUSED 6, 5 AND 12) POSSESSION OF AN UNLICENCED FIREARM. THAT THE ACCUSED is guilty of a contravention of Section 3 read with sections 1, 103, 117, 120(1)(a) and 121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, Act 51 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998, IN THAT on or about 7 September 2023 and at or near Koeberg Road, Maitland in the district of Cape Town, the accused did unlawfully have in their possession firearms, the further particulars of which are unknown to the State, without holding a licence, permit or authorization issued in terms of the Act to possess the said firearms. COUNT 39 (ACCUSED 6, 5 AND 12) UNLAWFUL POSSESSION OF AMMUNITION THAT THE ACCUSED is guilty of a contravention of Section 90 read with sections 1, 103, 117, 120(1)(a), Section 121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, 1 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998 IN THAT on or about 7 September 2023 and at or near Koeberg Road, Maitland in the district of Cape Town, the accused did unlawfully have in their possession an unknown quantity of live rounds of ammunition being in lawful possession of (@) alicence in respect of a firearm capable of discharging that ammunition, (f)_ apermit to possess ammunition, (g) a dealer's licence, manufacturer's licence, gunsmith’s licence, import, export or in- transit permit issued in terms of this Act, (h) or being otherwise authorised to do so. 25|PageCOUNT 40 (ACCUSED 1) POSSESSION OF AN UNLICENCED FIREARM THAT THE ACCUSED is guilty of a contravention of Section 3 read with sections 1, 103, 117, 120(1)(a) and 121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 260 of the Criminal Procedure Act, Act 51 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998. IN THAT on or about 29 September 2023 at or near 10 Beauvais Ave, Constantia, in the district of Wynberg, the accused did unlawfully have in his possession firearm, to with shotgun, without holding a licence, permit or authorization issued in terms of the Act to possess the said firearms. COUNT 41 (ACCUSED 1) UNLAWFUL POSSESSION OF AMMUNITION THAT THE ACCUSED is guilty of a contravention of Section 90 read with sections 1, 103, 117, 120(1)(a), Section121 read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2000 and read with Section 250 of the Criminal Procedure Act, 51 of 1977 and further read with the provisions of Section 10(3) of The Prevention of Organised Crime Act, Act 121 of 1998. IN THAT on or about 29 September 2023 at or near 10 Beauvais Ave, Constantia, in the district of Wynberg, the accused did untawfully have in their possession an unknown quantity of live rounds of ammunition being in lawful possession of (@) _alicence in respect of a firearm capable of discharging that ammunition, (b) a permit to possess ammunition, 261Page(c) a dealer's licence, manufacturer's licence, gunsmith’s licence, import, export or in- transit permit issued in terms of this Act, (d) or being otherwise authorised to do so. - Do { J) XZ en 4 S RILEY, DEPUTY DIRECTOR OF PUBLIC PROSECUTIONS OF THE DIVISON 27|PageIN THE HIGH COURT OF SOUTH AFRICA [WESTERN CAPE DIVISION, CAPE TOWN] THE STATE versus RALPH ISRAEL STANFIELD A 48-year-old adult South African male, residing at 9] SOP. SO. Teese, NICOLE TRACEY JOHNSON A 37-year-old adult South African female, residing at fj SMP. BREE. ees JOHANNES ABRAHAMS A 48-year-old adult South African male, residing at ij AI BO BRI = oe es DENVER BOOYSEN A.38-year-old adult South African male, residing at I AER BMaat BEQanas Baia DOOXDOT JOSE BRANDT 28-year-old adult South African male, residing ot 4 BEG, BE BEE TOON ee JONATHAN CLOETE A 46-year-old adult South African male, residing at 9] ST SRR BRO. Be mm ABRAHAM WILSON (DECEASED) 46-year-old adult South African male, residing at PP PAD OCP ro Ee10. 1. 12. 13, 14. 15. ‘SHAKEEL PELSTON A 28-year-old adult South African male, residing at 9 SO BR EGE aes IMTYAAS SEDICK A 37-year-old adult South African male, residing at| WARREN LEE DENNIS A 40-year-old adult South Aftican male, residing at MICHAEL MORRIS A38-year-old adult South African male, residing at 4 AG BAB: DEAE BE 1om Ie CHEVONNE MCNABB A 36-year-old adult South African male, residing at SE Ray’ REGS BEA SHARAZAADT ESSOP A 36-year-old South African male, residing at im = mae re as BRANDON CORNELIUS A 34-year-old South African male, residing at i SMI: BO. BOE Ba. POO DOT KEATHAN GARDINER A 38-year-old South African male, residing at me ms im = Lt SUMMARY OF SUBSTANTIAL FACTS IN TERMS OF SECTION 144(3)(a) OF ACT 51 OF 1977 2\PageAD COUNTS 1, 2 AND ALT. (ALL THE ACCUSED) 1 The accused were at all times relevant to the charges, members of a criminal gang, namely the “The Firm” criminal gang of Bishop Lavis, Valhalla Park, Delft, Mitchells Plain as is set out in the General Preamble to the Indictment. “The Firm” is a criminal gang, as defined in Section 1 of POCA and as intended in Section @ thereof and existed at all times relevant to the charges. The gang comprised at all times relevant to the charges of a group of three or more individuals that included Ralph Israel Stanfield, Nicole Tracey Johnson, Johannes Abrahams, Denver Booysen, Jose Brandt, Jonathan Cloete, Abraham Wilson, Shakeel Pelston, Imtyaas Sedick, Warren Lee Dennis, Michael Morris, Chevonne McNabb, Sharazaadht Essop, Brandon Conelius, Donovan van Wyk and Keathan Gardiner. The gang has a structure, in that members of the gang hold positions of leadership and subservience, in accordance with a ranking system traditionally inspired by the ranking system of the "28" prison Gang, but not strictly adhered to by the criminal gang in its activities and operations outside prison. Ralph Israel Stanfield is the leader of the gang. The criminal gang opposes and fight against members of, inter alia 27 prison gang members, Hard Livings, Dixie Boys, Sexy Boys and Ghetto kids criminal gangs in the Kraaifontein, Woodstock, Parow, Bellville, Belhar, Eerste River areas. The gang have committed various offences, the predicate offences, as set out in the indictment, AD COUNTS 3T06 {ACCUSED 1, 6, 8 AND 13) 5. ‘The deceased was a member of the 26-prison gang and the leader of the Hard Livings street gang. As mentioned, the accused were all members of The Firm, 3[Page10. " affiliated to the 28-prison gang, accused 1 was the leader. Accused 6 was the leader of The Firm in Kraaifontein. Sometime prior to the deceased death, he visited accused 1. Shortly thereafter the deceased started associating with Jerome Booysen (Boysen). Booysen and the deceased in count 6 were charged with the murder of Brian Wainstein, the friend of accused 1 ‘Sometime in November 2019 accused 1, 6 and others conspired and planned to kill the deceased. To this end they procured the services of accused 8 and 13 in order to assist them. On the moming of Friday 13 December 2019, accused 6, 8 and 13 proceeded to the deceased's homestead in order to kill the deceased as planned. Accused 8 and 13 armed themselves with firearms. Accused 6 drove his Ford bakkie pass the deceased who was seated in a Toyota motor vehicle outside his home. Whilst the deceased was seated inside the abovementioned motor vehicle, accused 8 and 13 approached the deceased and opened fire fatally injuring the deceased ‘The deceased succumbed to the injuries and died as a result of “multiple gunshot wounds”, At all times material hereto the accused and others acted in concert and in furtherance of a common purpose to kill the deceased. AD COUNTS 7 TO 10 (ACCUSED 6 AND 11) 12, ‘The deceased was a member of the 27-prison gang and the leader of the said gang. The deceased resided in Rembrandt Street, Kraaifontein. As mentioned, accused 6 was the leader of The Firm in Kraaifontein. 4[Page13. 14, 16. 16. 7, 18. The complainant in count 8 was an innocent bystander. ‘The deceased and Booysen were charged with the murder of Brian Wainstein, the friend of accused 1 Sometime prior to the incident in question accused 6 and others decided and planned to kill the deceased, To this end they procured the services of accused 11, ‘a person named Siya and others in order to assist them. On the afternoon of Tuesday, 2 February 2021, accused 6, 11 and others proceeded to the deceased’s area in order to kill the deceased as planned. Accused 11 and Siya armed themselves with firearms and drove to Rembrandt Street. The deceased was seated in the street. Siya opened fire on the deceased from the motor vehicle. The driver stopped the motor vehicle and accused 11 and Siya alighted from the said vehicle and open fire on the deceased. Whilst shooting at the deceased, they also shot the complainant in count 8. They thereafter fled the scene. The deceased died as a result of “gunshot wounds”. The complainant in count 8 sustained a gunshot wound. At all times material hereto the accused and others acted in concert and in furtherance of a common purpose to kill the deceased. AD COUNTS 11 TO 13 {ACCUSED 6 AND 14) 19, 20. ‘The deceased was a member of the South African Police service and the cousin of the deceased in count 14. The deceased in count 14 was affiliated to the Ghetto Kids street gang of Hanover Park. ‘Sometime prior to the incident in question accused 6 and others decided and planned to kill the deceased in count 14. To this end they procured the services of accused 14, a person named Siya and others in order to assist them. 5 |Page24 On the afternoon of Tuesday, 7 September 2021, accused 6, 14 and others proceeded to the area where the deceased in count 14 reside in order to kill the deceased as planned, Accused 14 and Siya armed themselves with firearms and drove to the home of the aforesaid deceased. The deceased in counts 11 and 14 were seated on the stoep. Accused 14 and Siya entered the aforesaid home and opened fire on the deceased in count 11. They thereafter fled the scene. 22. The deceased died as a result of “multiple gunshot wound tracks to the body”. 23, At all times material hereto the accused and others acted in concert and in furtherance of a common purpose to kill the deceased AD COUNTS 14 T0 17 (ACCUSED 6) 24. The deceased was affiliated to the Ghetto Kids street gang of Hanover Park. 25. Sometime prior to the incident in question accused 6 and others decided and planned to kill the deceased. To this end they procured the services of persons named Siya, Wagga and others in order to assist them. 26. The complainant in count 15 was an innocent bystander. 27. On the afternoon of Thursday, 30 September 2021, accused 6 and the abovementioned persons and others proceeded to the area where the deceased reside in order to kill the deceased as planned. Wagga and Siya armed themselves with firearms and drove to the home of the deceased. The deceased was seated on the driver's side of his motor vehicle. The said vehicle was in front of the deceased home. The driver of the motor vehicle in which Wagga and Siya was in stopped the sald vehicle and Wagga and Siya alighted from the vehicle. They approached the deceased and opened fire. The complainant in count 15 approached them and they opened fire on him, injuring him. They thereafter fled the scene. 6 [Page28. 29 ‘The deceased died on the scene as a result of “multiple gunshot wounds to the body”. The complainant sustained a gunshot. At all times material hereto the accused and others acted in concert and in furtherance of a common purpose to kill the deceased AD COUNTS 18 TO 21 (ACCUSED 1 TO 4 ONLY) 30. 31 32, 33, The tawful owner of the black BMW with registration number CY 410 304 (the BMW) in this charge is the girlfriend of the complainant in count 37. The complainant in count 37 was the driver of the BMW on 24 November 2022. The complainant in count 37 was also a member of “The Firm” and an employee of accused 1 On Wednesday, 24 November 2023, accused 2 contacted Tracker Company to establish where the BMW was. Accused 2 informed operator of Tracker that she was the lawful owner of the BMW and provided with the identification number of the lawful owner referred to in paragraph 29. Tracker thereafter provided accused 2 with the location of the BMW. Accused 2 and 4 were together at that stage. Accused 2 informed accused 1 of the location of the BMW. Accused 1 was with accused 3, the father of the complainant in count 37 and Emest Maclaughlin (Emest). The aforesaid people thereafter proceeded to the location of the BMW, Palm Springs Security Complex, Mitnerton (the security complex). Upon their arrival at the security complex, accused 2 proceeded to the security and informed him that she was the owner of the BMW and that they were going to take the said vehicle. Shortly thereafter accused 1 arrived and he also said that the BMW belonged to his wife, and they would be taking the vehicle. Accused 1, 2, 3, 4 and Emest proceeded inside the security complex to the BMW. Accused 1, 4 and Emest proceeded to look for the complainant in count 37, accused 2 and 3 remained at the BMW with the security. 71Page34, 35, 36, 37, 38, 39. ‘When they could not locate the complainant in count 6, accused 1, 2, 3, 4, Emest and the security left. The complainant in count 19 remained at the BMW. Later, accused 1, 3, 4 and Emest entered the security complex. Whilst inside the ‘said complex the aforementioned people approached the complainant in count 19 and surrounded him. Ernest and accused 4 first confronted the complainant and thereafter Accused 1 confronted him. Accused 1 took the complainant's cell phone and slapped the complainant. Emest also assaulted the complainant. They thereafter left with the complainant cell phone. Shorty after leaving the complainant in count 19, the police arrived. Accused 1, 2, 3, 4, Emest and the complainant in count 37's father thereafter entered the security complex with the motor vehicles of accused 1 and 2. Accused 1 approached the police officers and informed them that the motor vehicle belongs to his wife and alleged that the complainant stole his money. Shortly after accused 1's interaction with the police, members of Cape Road Assist (CRA) arrived. Accused 1 told the members of CRA that they must tow the BMW. Accused 2 also confirmed by signing the job card that the BMW must be towed. The BMW was eventually placed on a tow truck with a flatbed. Accused 4 accompanied the tow truck driver to 167 Angela Street, Valhalla Park where the BMW was offloaded On 15 June 2023 the police obtained a search warrant for the abovementioned address, where they found and seized the BMW. At all times material hereto the accused acted in concert and in furtherance of a ‘common purpose to steal the motor vehicle of the complainant. AD COUNT 22 (ACCUSED 1 TO 15 ONLY) 8|Page40. 41 42. 43, 44, ‘The complainant is married to a former member of “The Firm”. The complainant and her husband resided in Bishop Lavis. On the evening of Wednesday, 11 January 2023, accused 1 and 15 proceeded to the home of the complainant. The two accused went looking for the husband of the complainant. Upon their arrival accused 1 threatened the complainant and told her to open the door. They thereafter entered the house of the complainant and started searching for the complainant's husband. After searching for the complainant's husband, accused 1 made a telephone call and instructed that the motor vehicle of the complainant must be taken. Shortly after the said call Teenage Fanie arrived. Fearing for her safety the complainant handed the keys to Teenage who took the complainant's motor vehicle. The complairiant proceeded to the police and reported to the police that her vehicle was robbed. Shortly after she reported the robbery the vehicle was torched. At all times material hereto the accused and others acted in concert and in furtherance of a common purpose to rob the deceased of her motor vehicle. AD COUNTS 23 TO 26 {ACCUSED 10, 11 AND 13) 45. 46, 47, The deceased was an employee of the City of Cape Town. ‘Sometime prior to the incident in question accused 10, 11, 13, Simon Stanfield, Emst MacLaughlin and others decided and planned to kill any white person at the housing development site in Defft. To this end accused 13 and another person armed themselves with firearms. On the aftemoon of Thursday, 16 February 2023, accused 10 drove with Simon Stanfield and Emest MacLaughlin (both now deceased) to Delft followed by accused 11 and 13 in their motor vehicles. Accused 11 proceeded to the development site and remained outside. 9[Page‘Accused 13 and another person also proceeded to the development site in order to kill the white person as planned. The driver of the motor vehicle in which accused 13 and the other person was, stopped the sald vehicle and they alighted from the vehicle. They approached the deceased and a security guard and opened fire them. They thereafter fled the scene. 48. The deceased died on the scene as a result of “multiple gunshot wounds to the head and chest”. The complainant in count 24 sustained a gunshot wound to the right wrist. 49. At all times material hereto the accused and others acted in concert and in furtherance of a common purpose to kill the deceased. AD COUNTS 27 TO 30 (ACCUSED 6, 7 AND 13) 50. 51 52. 53. ‘The two complainants in counts 27 and 28 are affiliated to the Dixie Boys in Eerste River. ‘Sometime prior to the incident in question accused 6, 7, 13, Simon Stanfield and others decided (the assailants) and planned to kill the complainant in count 27. To this end accused 13 and other persons armed themselves with firearms. On the afternoon of Friday, 10 March 2023, the assailants drove in three motor vehicles to Somerset West in order to kill the deceased in count 27 as planned. The assailants spotted the two complainants exiting the Somerset mall and getting into their motor vehicle and followed them. The complainants stopped at a robot and accused 13 and two other gunmen alighted from their vehicle and opened fire them. The complainants returned fire. The assailants thereafter fed the scene. The complainant in count 27 sustained gunshot wounds to the left shoulder and upper arm. The complainant in count 28 sustained a gunshot wound to the right forearm. wo} Page54. At all times material hereto the accused and others acted in concert and in furtherance of a common purpose to kill the complainants. AD COUNTS 30 TO 32 (ACCUSED 6, 7, 8, 9 AND 13) 55. The complainant is the son of Jerome Booysen, the leader of the Sexy Boys. 56, Sometime prior to the incident in question accused 6, 7, 8, 9, 13 and others (the assailants) decided and planned to kill the complainant. To this end accused 13 and other persons armed themselves with firearms, 57. On the afternoon of Friday, 31 March 2023, the assailants drove in three motor vehicles to Belhar in order to kill the complainant as planned. The assailants spotted the complainant at robot. Accused 13 and another gunman alighted from their vehicle and opened fire on the complainant. The assailants thereafter fled the scene. 58. The complainant sustained no injuries as a result of the attack. 58. At all times material hereto the accused and others acted in concert and in furtherance of a common purpose to kill the complainant. AD COUNTS 33 TO 35 (ACCUSED 6 and 13) 60. The complainant is the son of Jerome Booysen, the leader of the Sexy Boys, 61. Sometime prior to the incident in question accused 6, 13 and others decided (the assailants) and planned to kill the complainant. To this end accused 13 and other persons armed themselves with firearms. [Page62, On the afternoon of Friday, 5 May 2023, the assailants drove in two motor vehicles to Green Point in order to kill the complainant as planned. The assailants spotted the complainant and accused 13 and another gunman alighted from their vehicle and chased him. They opened fire on the complainant. The assailants thereafter fled the scene. 63. The complainant sustained gunshot wounds to the right leg. 64. At alll times material hereto the accused and others acted in concert and in furtherance of a common purpose to kill the complainant. AD COUNTS 36 TO 38 (ACCUSED 1, 5 AND 12) 65, 66, 67. 68, 69, ‘As mentioned, the complainant in the abovementioned count was a member of “The Firm" and an employee of the accused 1 ‘Sometime prior the incident in question accused 1 decided and planned to kill the complainant. To this end he then procured the services of accused 5 and 12 in order to assist him. Accused 5 and 12 are also members of “The Firm” criminal gang in Mitchells Plain. ‘On the afternoon of Thursday 7 September 2023, accused 5 and 12 proceeded to Astron garage on the corner of Koeberg and Section Road in order to kill the complainant as planned. The accused armed themselves with firearms. Upon seeing the complainant at the said garage and the accused approached him in their motor vehicle and opened fire. The complainant fled in his motor vehicle and the accused gave chase. The complainant sustained a single gunshot wound to the said arm. At alll times material hereto the accused and others acted in concert and in furtherance of a common purpose to kill the complainant. 12] PageAD COUNTS 39 TO 40 (ACCUSED 1) 70. On 29 September 2023 the police proceeded to the home of accused 1 and 2 to arrest them. 71, The police requested accused 1 and another male to lay on the ground. Whilst on the ground the police spotted accused 1 trying to hand a key to another male. The police took the key and established that it is a safe key. The police opened the safe and found the firearm and ammunition in counts 39 and 40, 72, Accused 1 did not possess a license for the said firearm and ammunition. He was thereafter arrested. 13 | Page