Press statement: BLF charges Adriano Mazzotti with serious criminal offences

Press statement: BLF charges Adriano Mazzotti with serious criminal offences
Black First Land First (BLF) has today charged Adriano Mazzotti with tobacco trafficking, money laundering, fraud, corruption, bribery and tax evasions at the CR Swartz Police Station in Durban. We have asked for key persons to be subpoenaed and questioned in furtherance of bringing Mazzotti to book. 
The charges are based mainly on the admission of guilt by Mazzotti in his sworn affidavit to the South African Revenue Service (SARS) on 6 May 2014, which he submitted in furtherance of settling the outstanding taxes of Carnilinx which amounted to R600 million.
In his affidavit Mazzotti admits to fraud, money laundering, tobacco smuggling, tax evasion, and bribery and indicates the following:
a. Carnilinx in which he is a director illegally acquired two tons of tobacco weekly spanning 40 weeks or so. To avoid any detection of criminal wrongdoings no records of the manufacturing process were kept by Carnilinx.
b. He and fellow directors, Kyle Phillips and  Mohammadh Sayed used the proceeds of this crime to pay the people concerned and the balance was retained by the three of them in equal proportion. They used a substantial part of these proceeds as ‘company expenses, engaging in expensive dinners, entertaining business people, politicians and other people.’
c. The proceeds of crime were used to entertain Economic Freedom Fighters (EFF) President, Julius Malema; pay for the EFF to register for the  2014 elections, and assist to pay Malema’s tax debt. 
d. In 2013 Mazzotti and his fellow directors in Carnilinx bribed a SARS official to hand them official documents.
e. In 2013/2014  they (Mazzotti and his fellow directors in Carnilinx) attempted to bribe Ivan Pillay, the then acting SARS commissioner and Johann van Loggerenberg the investigations head, with R800,000.
Although Mazzotti indicates that Carnilinx intends to plead guilty to the offences  committed, neither Mazzotti nor any of the other directors of Carnilinx were criminally prosecuted and or made to account for their wrongdoings via the criminal and civil courts respectively. The tax bill of Carnilinx has instead completely disappeared and Mazzotti has confirmed that Carnilinx is tax compliant.
While the charges are preferred against Mazzotti, this case has revealed the following evidence on the issue of Malema and the EFF:
1. Mazzotti paid for EFF’s registration in the amount R200,000 to contest the 2014 elections.
2. Mazzotti’s partner and his co-director in Carnilinx, Kyle Phillips, gave Malema a loan of R1 million to assist with paying his tax debt.  Malema has not disputed this and in fact admitted this fact to SARS (South African Revenue Service). Both  Mazzotti or Phillips are ‘partners-in-crime in Carnilinx’.
3. In accepting a loan of R1 million from Phillips, Malema accepted the proceeds of crime.
4. Similarly, in accepting the R200,000 for the EFF to contest the 2014 elections, Malema accepted the proceeds of crime. 
5. Malema’s conduct amounts to corruption.
6. Malema knows that Mazzotti and the other directors of Carnilinx would bribe top SARS officials with no hesitation.
Furthermore,evidence suggests that in 2017, ‘Mazzotti became a founder member and director of Dithabeng Mining, an opencast mine in Mphahlele.‘ When the miners protested and obtained an interdict against Dithabeng Mining, they were told by the EFF to resume duties because ‘Malema won’t tolerate production delays’. The bond between Mazzotti and Malema indeed runs deep. 
Malema must answer these questions:
a.  Why have you not asked SARS, Hawks and the NPA to fully investigate the relevant crimes and prosecute the perpetrators;
b. Did you know that Craig Williamson the apartheid spy and assassin was one of Mazzotti’s  business partners?
c. Why are you ‘mingling’ with the likes of criminals like Mazzotti and gangster killers like Mikey Schultz?” 
Mazzotti, the Italian crime syndicate leader, has clearly funded political parties like the EFF to protect himself. He has captured parliament and the state  via  money gained from criminal activities.
It is shocking that both the SARS and the National Prosecuting Authority (NPA) have done nothing to prosecute Mazzotti for his crimes. He is obviously protected.
BLF will be pursuing the charges against Mazzotti to its finality. Whoever else is found to be implicated with Mazzotti will be charged in due course accordingly. We shall not rest until true justice is obtained against the white monopoly capital criminal. 
Delivered by the President of Black First Land First, Andile Mngxitama
Read the affidavit of the BLF President in support of the charges against Adriano Mazzotti here.
28 July 2018
Contact details:
Black First Land First Email:[email protected]
Facebook: Black First Land First
 Twitter: @black1stland1st
Zanele Lwana
(Deputy President)
Cell: +27799867225
Lindsay Maasdorp
(National Spokesperson)
Cell: +27 79 915 2957
Brian Tloubatla
(Head of Media & Communications)
Cell: +27 82 216 7664

Affidavit of Andile Mngxitama: charges against Adriano Sauro Lorenzo Mazzotti

Affidavit of Andile Mngxitama: charges against Adriano Sauro Lorenzo Mazzotti
I the undersigned Andile Mngxitama do hereby make oath and state: 
1. I am the President of Black First Land First (BLF), and I am duly authorized to depose to this affidavit on behalf of BLF.
2.  The contents of this affidavit are, unless the context indicates otherwise, within my personal knowledge. They are to the best of my knowledge both true and correct. The submissions of law that I make are based on the advice given to me by my legal team.
3. BLF is a Black Consciousness, Pan Afrikanist movement which embraces the Sankarist leadership ethos. It is registered with the Independent Electloral Commission as a political party and is situated at Office 602, Renaissance Building, corner of Main and Elloff Streets, Gandhi Square, Johannesburg.
4.  The purpose of this affidavit is to provide evidence in support of the charges of tobacco trafficking, money laundering, fraud, corruption, bribery and tax evasion against Adriano Sauro Lorenzo Mazzotti that BLF is laying against him. I submit that it is the evidence of the crimes of Carnilinx as suggested inter alia by Jacques Pauw read in line with the content of the affidavit of Mazzott (elaborated below), that serves to support the charges being preferred against Mazzotti by BLF.
5. The South African Police Services (SAPS) and its investigative unit, the Hawks, are requested to subpoena the following people for questioning and further investigation towards prosecuting Mazzotti:
a. Jacques Pauw regarding the relevant evidence in his book ‘The President’s Keepers’; his message on twitter on 4 July 2018 indicated below; and his letter to Julius Malema responding to his denial that he had received a loan from Mazzotti to pay his SARS tax bill.
b. The South African Revenue Service (SARS), which has Adriano Mazzotti’s original affidavit in terms of which he (Mazzotti) admits to his crimes, must be engaged on Mazzotti’s affidavit.
c. The SARS official bribed by Carnilinx in 2013 to hand over official documents to them.
d. The acting SARS commissioner Ivan Pillay and investigations head Johann van Loggerenberg in respect of whom there was attempted bribery by Carnilinx with R800,000.00 during late 2013 or 2014.
e. All the directors of Carnilinx including Mazzotti, Mohammadh Sayed and Kyle Phillips in respect of their criminal activities via Carnilinx.
6.. Jacques Pauw in his book ‘The President’s Keepers’ makes damning claims about, amongst others, Carnilinx boss, Adriano Mazzotti.
7. In this regard Pauw alleged that Mazzotti has confessed to being complicit in numerous crimes including tobacco trafficing, money laundering, fraud, corruption, bribery and tax evasion. According to Pauw, Mazzotti made these admissions in his affidavit to SARS in May 2014.
8. On 4 July 2018 at 11h07 Pauw tweeted a message which suggested the disappearance of Mazzotti’s tax debt to the tune of R600 million; the payment of  EFF’s registration fee to contest the 2014 elections by Mazzotti; and the granting of a loan to Malema by Mazzotti to assist with paying his tax debt. 
9. Julius Malema responded by sending Pauw a letter in which he denied Pauw’s allegation that he had received a loan from Mazzotti to pay his SARS debt and asked Pauw ‘to set the record straight’. 
10.  Pauw subsequently responded to Malema. The material aspects of his response are as follows: 
a. He was wrong about Malema receiving a loan from Mazzotti towards payment of his tax bill. Malema had actually received a loan of R1 million from Mazzotti’s partner and his co-director in Carnilinx, Kyle Phillips. The above was reported in newspapers in 2015, including the Sunday Times. Malema had not subsequently disputed any of these allegations. 
b. The issue of whether Malema had taken a loan from Mazzotti or Phillips is irrelevant as both of them “are partners-in-crime in Carnilinx”. In this regard, “Phillips is the director handling general operations and Mazzotti is in charge of corporate sales and marketing at Carnilinx … (and) [t]hey both hold a 16.6% share of the company”.
c. The evidence he will produce will show “that in accepting a loan from Phillips, (Malema) might unwittingly have accepted the proceeds of crime”. Similarly, in accepting the “R200,000 that Carnilinx paid in 2014 for the registration of the EFF as a political party”, Malema might have accepted the proceeds of crime.
d. On 6 May 2014, Mazzotti made a sworn affidavit of 52 pages which he submitted to SARS in furtherance of settling the outstanding taxes of Carnilinx. To this end Carnilinx’s tax bill totalled “hundreds of millions of rands” in respect of which “[a]n amount of R600 million is often mentioned.”
e. Pauw has in his possession a copy of Mazzotti’s affidavit which he describes in his book ‘The President’s Keepers’ and which indicates criminal activity of Carnilinx and by extension Mazzzotti and the other directors.
f. Mazzotti indicates in his affidavit that he is a “duly authorised representative of Carnilinx”. This means “he speaks on behalf of the other directors, among them Phillips.”
g. One relevant extract from Mazzotti’s affidavit, which is not featured in his book, is from page 30 of the said affidavit. It reads:
“In its drive to promote its business, Carnilinx entered into a host of transactions, some of which were lawful and others corrupt and unlawful.”
h. In this respect the following is instructive:
i. Mazzotti indicates that Carnilinx is in acceptance of its illegal and ‘morally wrong’ acquisition of two tons of tobacco weekly spanning 40 weeks or so. He said, “this was unlawful and morally wrong’.
ii. Mazzotti elaborates on the attempts to hide Carnilinx’s criminal wrongdoings as follows:
“No records were kept of the manufacturing process. This was deliberate as to avoid any detection.”
i. Another important extract from Mazzotti’s affidavit that is not featured in his book, is from page 24 thereof which reads:
“The cash received was utilised to pay the people referred to and the balance was retained by the three of us in equal proportions. I point out, however, that a substantial amount of this money was used by the three of us as company expenses, engaging in expensive dinners, entertaining business people, politicians and other people.” 
j. Pauw points out that the three people that Mazzotti makes reference to are, “himself, Kyle Phillips and fellow-director Mohammadh Sayed.”
k. Pauw submitts that Mazzotti in his sworn affidavit “does not just admit to fraud, money laundering, tobacco smuggling and tax evasion, but describes in detail that both he and his fellow directors had absolutely no qualms to bribe SARS officials.”
l. To this end Mazzotti “describes how in 2013 they bribed a lowly SARS official to hand them official documents.” Moreover, “[l]ater that year or early in 2014, they attempted to bribe (the) then acting SARS commissioner Ivan Pillay and investigations head Johann van Loggerenberg with R800,000.”
m. Mazzotti indicates how they “paid this money to a Johannesburg attorney who was supposed to bribe Pillay and Van Loggerenberg (but who) [i]nstead … pocketed the money.”
n. A further revelation in Mazzotti’s affidavit that is not featured in his book, is from page 35 thereof which reads as follows:
“We apologize to Van Loggerenberg and Pillay for doubting their integrity and casting aspersions on their honesty and integrity.”
n. Mazzotti also indicates how an acting judge and senior counsel “was wrong to accept a gift” in the amount of R500,000 cash which was given to him in a bag. 
o. Yet another important indication in Mazzotti’s affidavit, not featured in Pauw’s book, is from page 52 thereof.  Carnilinx, Mazzotti says “has made a donation in an amount of R200,000 towards a political party”. Pauw correctly concludes that Mazzotti is referring here to the Economic Freedom Fighters (EFF). 
p. An extract from page 49 of Mazzotti’s affidavit indicates that Carnilinx is proposing to plead guilty to the offences he committed in terms of Section 112 of the Criminal Procedure Act. Many years later and nothing has happened to Carnilinx, Mazzotti and its other directors.
q. However, the tax bill of Carnilinx has since disappeared. To this end before his book was published Pauw ‘asked Mazzotti if he was tax compliant.’ Mazzotti ‘confirmed, in writing, that both he and Carnilinx were compliant.’
r. As pointed out above, Mazzotti and the other directors of Carnilinx were prepared to plead guilty. It been four years since Mazzotti’s incriminating affidavit and Mazzotti, Phillips and the other directors of Carnilinx (implicated in the crimes indicated in the said affidavit) have not been criminally prosecuted and or made to account for their wrongdoings via the civil courts. Moreover nothing has happened to the assets of Carnilinx and its directors which have evidently been acquired via the proceeds of crime. The Assets Forfeiture Unit (AFU) must be employed in this respect. 
11. It must be stated that although Mazzotti indicates a plea of guilty regarding the offences he admits to it is nonetheless important that a thorough investigation be conducted by the SAPS and Hawks so as to ensure that any statement of guilt by Mazzotti covers all the details of the relevant crimes he has committed. 
12. In all of the above circumstances BLF is hereby charging Adriano Sauro Lorenzo Mazzotti with tobacco trafficing, money laundering, fraud, corruption, bribery and tax evasion and that all the relevant persons including those mentioned herein be subpoenaed and questioned in furtherance of bringing Mazzotti to book. 
13. Whoever else is found to be implicated with Mazzotti in the commission of the relevant crimes will be charged in due course accordingly 
Andile Mngxitama

BLF to open case of corruption against the Oppenheimers

BLF to open case of corruption against the Oppenheimers

This weekend’s reports that the Oppenheimer family may have financially induced the African National Congress (ANC) to grant it a permit to host its own private international airport, are a cause for concern. Black First Land First (BLF) takes seriously the allegation that there may have been an unlawful engagement between the Oppenheimers and the ANC so as to unduly influence the process to grant the said Oppenheimers the right to operate their own international airport inside the O.R Tambo International Airport.

BLF considers the fact that the Oppenheimers went to the ANC instead of just following the normal process of application, as irrefutable evidence of state capture. We have warned repeatatly about surrendering the aviation space to wealthy families. The revelations, that the ANC’s head office had been in corrupt schemes with the Oppenheimers, further justify the extension of the terms of reference of the Judicial Commission of Inquiry (JCOI) on State Capture.

BLF asks, why is the JCOI on State Capture being delayed? Any delays create fertile grounds for white monopoly capital (WMC) to continue looting the state.

BLF is preparing a statement of evidence to be submitted to the police. A case of corruption will be opened against the Oppenheimers this week. We call on the ANC to cooperate with the police. The ANC must voluntarily submit to the police the relevant evidence of corruption relating to bribery by the Oppenheimers that seems to have resulted in the Fireblade Aviation application being illegally expedited.

Corruption is corruption! It must be fought everywhere, irrespective of who the perpetrator is. BLF will leave no stone unturned in fighting the corruption of the Oppenheimers. Enough is enough!
ISSUED BY THE NATIONAL COORDINATING COMMITTEE OF THE BLACK FIRST LAND FIRST MOVEMENT (BLF NCC)

1 April 2018

Black First Land First Email:[email protected]
Facebook: Black First Land First
Twitter: @black1stland1st
Website: www.blf.org.za

Zanele Lwana
(Deputy President)
Cell: +27799867225

Lindsay Maasdorp
(National Spokesperson)
Cell: +27 79 915 2957

Brian Tloubatla
(Head of Media & Communications)
Cell: +27 82 216 7664

 

Memorandum of Orange Farm community to area police station, Minister of Police & IPID

Memorandum of Orange Farm community to area police station, Minister of Police & IPID

Yesterday 26 March, the community of Orange Farm led by Black First Land First (BLF) undertook a march to the local police station where they handed over a memorandum. Amongst their main demands is for the Station Commander, Brigadier General Ndaba, to be removed from office within the next 7 days due to the fact that she is not a fit and proper person to hold such a post. An end to police brutality, forced removals, corruption and the targeting of BLF leaders are the other core demands. Here below is the full memorandum which has also been transmitted to the Minister of Police Mr Bheki Cele and the Head of the Independent Police Investigative Directorate (IPID) Mr Robert McBride:

Memorandum of the Orange Farm Extension 10 Community to the Station Commander of the Orange Farm Police Station to stop police brutality, facilitating illegal evictions, targeting Cde Zuma and corruption

We note that Cde Sibonelo Zuma, who is executing the revolutionary mandate of leading our people out of landlessness and homelessness into participating in the creation and development of their own dignified community in Orange Farm, is now facing trumped-up criminal charges. We are not surprised. These charges are instigated by the police who want to remove our people from the Orange Farm informal settlement in extension 10. It is also supported by certain opposition forces who want to benefit from the community via corruption.

We know also that our leader Cde Zuma is not guilty. We have no trust in the South African justice system as it is founded on laws which are basically anti-black. We also acknowledge that even in their own racist courts, the false charges against our leader shall not hold. The charges serve to hide the white crimes against our people. As the Orange Farm community we are addressing the historical crime of land theft that has left our people landless. We are also addressing the police brutality that our people are subjected to via removals that are implemented by the police together with private security serves.

The Orange Farm Community notes that the police are deliberately corrupt in service of WMC so as to escalate crime and violence in black communities. WMC has succeeded in bribing key personnel in police stations to not service black communities and to systematically criminalize influential pro RET community leaders.

The Station Commander of the Orange Farm Police Station, Brigadier General Ndaba, and her Second in Charge (2iC), Col Ndwandwe, are conducting themselves like apartheid era commanders of the Police Services who worked hand in glove with the military, politicians, economists, government officials and intelligence operatives so as to maintain and perpetuate anti black state rule. These apartheid era interests continue to consolidate white supremacy which in the economic sphere finds practical expression as white monopoly capital (WMC). Their plan is to regain the political power they lost to blacks in 1994. The removal of the pro Radical Economic Transformation (RET) former President Jacob Zuma and his replacement by the puppet of WMC, Cyril Ramaphosa, is in furtherance of that plan. More specifically the plan to reclaim political power by WMC interests includes the following:

a) Identification of political leaders, who are pro RET so as to isolate and eliminate them if they can’t be contaminated and manipulated; and
b) destabilization of the country via the escalation of crime which in turn involves the police neglecting complaints of real crime.

It is in this this context that pro RET political leaders, mainly Black First Land First leaders such as Cde Zuma, have become the target of the Ramaphosa regime’s police who are evidently in dereliction of their duties and manifestly corrupt. Furthermore we note that the political agenda of the Ramaphosa regime and that of the Democratic Alliance (DA) are the same – they are both pro WMC and based on the “New Deal”. In this context we know that all the illegal evictions in Orange Farm are planned by the Mayor of Johannesburg, DA’s Herman Mashaba. Our community protests in this regard has been met with brute force with the approval of Mashaba. The Economic Freedom Fighters (EFF) is complicit in the anti black crimes of the DA since it gave political power to the DA. We call on the EFF to withdraw its support of the DA until all evictions are stopped.

BLF leadership experienced the unprofessional conduct of the police first hand on 10 March this year when they visited the Orange Farm Police Station. Having denied police bail to Cde Zuma due to the trumped-up charges he was facing, various attempts to get him released via the next level of authority, being the Prosecutor on call, were in vain.

The investigating officer (IO) who was dealing with charges against Cde Zuma was not contactable. Various pleas by BLF President, Andile Mngxitama, to Col Ndwandwe to deploy a police officer to go to the IO’s residence and establish contact, were also in vain. The police, including Col Ndwandwe, were uncooperative in that they did not try everything to get hold of the IO and Brig Gen Ndaba.

Furthermore Col Ndwandwe as the Acting Station Commander made little effort to assist BLF when we asked him to contact the Prosecutor on call and his superior Brigadier General Ndaba (who was not at the police station) so as to secure the release of Cde Zuma on bail. Comrade Zuma’s docket was evidently not in the station, it was said to be with the Brig Gen. When the BLF President subsequently tried on several occasions to contact the Brigadier General telephonically so as to facilitate Cde Zuma’s release from police custody she did not answer her phone. We are not surprised that the Brigadier General had kept Cde Zuma’s docket in her personal possession and she was not contactable to obtain the said docket for the purpose securing bail. The Brigadier General has been very hostile to the Orange Farm community leaders in the past when they tried to seek her assistance regarding the refusal of the police to charge any person committing crimes in the Orange Farm area.

It must also be stated that during the same occasion we witnessed one of the police officers refusing to open a case when a woman came in to report that her shack in Orange Farm was dismantled and stolen. This refusal by the police was despite the fact the complainant brought the perpetrator, who admitted having committed the said theft, with her to the police station. When the matter was brought to the attention of the Acting Station Commander he ostensibly instructed a police officer to open the case. The docket in relation to this case has reportedly since gone missing.

This is extremely concerning and further supports the claim that the police are corrupt at the Orange Farm Police Station. The names of the complainant and the perpetrator will not be published on this statement but will be given to the Station Commander upon delivery of this memorandum for further action.

We are indeed appalled by the Orange Farm SAPS’s manipulation of the current legislation (Section 48 of the Criminal Procedure Act and Section 35(1)(d) of the Bill of Rights). The said legislation provides for an arrested person to be brought before a court of law within 48 hours of being arrested and that such period of time is applicable only to ordinary court days and hours which in turn does not include weekends and public holidays in its calculation. To this end Cde Zuma is frequently arrested, as was the case on the last occasion, late on a Thursday afternoon so that it allows the SAPS to hold him in custody until the following Monday – when the 48 hour period expires – before bringing him to court. This amounts to an abuse of their (SAPS) power and violates the fundamental rights of Cde Zuma to liberty.

Usually while Cde Zuma is in police custody (as was the case during his last detention) the police come to Orange Farm and cowardly unleash their brutality and terror on the innocent residents in an attempt to evict them from land that we are legitimately residing on.

Cde Zuma has been representing our interests on various levels including on the level of the Municipality whenever it was necessary to do so. We will continue to engage the Municipality with our demands so as to formalize the informal settlement and to ensure the provision of service delivery relating to land ownership, decent housing, electricity, clean water etc. We shall not stop until all our legitimate demands are met and Orange Farm is upgraded to a formal decent area of living. In this context the anti black interventions of the police via its brutality on the community through forced removals and its targeting of the community leader, Cde Zuma, is unlawful and against the interests of the smooth administration of justice.

As the concerned residents we acknowledge that the racist conditions we live under manifest as crimes such as assault, theft, murder, drug trafficking etc. We intend to address the root causes of these crimes so as to create conditions that are conducive for human habitation. To this end we acknowledge that this can only be done with the assistance and understanding of the SAPS.

We believe that the Orange Farm Police Station needs a change of leadership – the current Station Commander is not a fit a proper person to occupy that post. We are indeed saddened by the state of affairs and the lack of leadership at the said Police Station. Brigadier General Ndaba has allowed the Police Station, through her dereliction of duties, to cause the escalation of crime rather than addressing and lessening it. We therefore call for her removal from the Orange Farm Police Station within the next 7 days and for her ultimate expulsion from the SAPS.

We ask that the Orange Farm Police Station pledges its loyalty and service directly to the people of the Orange Farm Informal Settlement and to create the necessary conditions that will allow for our development as a community so that we can begin to live under crime free conditions.

We say that mutual respect between the SAPS and the people is key to realizing peace and stability in our community. We therefore require your commitment to engage with us to determine our policing needs so as to ensure that the policing services which are provided to us, responds to our real needs.

We ask the SAPS to not at any point shoot at or harm innocent people protesting against the State’s lack of (or poor) delivery of public services.

We demand that you build and promote an efficient police service system that ensures the real and legal dignity and equality of all members of our community! We ask for an approach to policing that would have the desired effect of instilling dignity and pride in our people.

We call for an end to our people being held hostage by police brutality, illegal evictions, targeting of community leaders such as Cde Zuma, and corruption!

Should the issues raised herein not be addressed urgently, we shall escalate our struggle to the next higher level. This memorandum will also be forwarded to the Independent Police Investigative Directorate and the Minister of Police for further action.

Delivered by the Orange Farm, Extension 10 Community on Monday, 26 March 2018

Contact details:

Orange Farm Extension 10 Community
Chairperson: Sibonelo Zomakahle Zuma
Email address: [email protected]
Cell number: 0794794518

Thandiswa Yaphi
Executive member
Email: [email protected]
Cell no: 0631073163

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