Burgers and cash bribes: Two ‘hungry’ Northern Cape traffic officers found guilty of corruption

· Citizen

The Specialised Commercial Crime Court in Upington, Northern Cape, has found two municipal traffic officers guilty of corruption.

Robert Khupe, 50, and Arthur Tywili, 43, were convicted after evidence revealed their involvement in two separate incidents involving demands for money and other benefits from motorists in exchange for not carrying out their duties.

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Traffic officers convicted over bribery scheme

The officers were both employed by the Dawid Kruiper Municipality at the time.

Khupe was convicted on two counts of corruption by a public officer for accepting a benefit, while Tywili was convicted on one count of the same offence.

The pair carried out the crimes in February 2023 while conducting traffic law enforcement duties in Upington.

National Prosecuting Authority (NPA) regional spokesperson Mojalefa Senokoatsane said the court heard that on 15 February, Khupe pulled over the first complainant, who was driving his employer’s truck.

The driver was allegedly travelling at 60km/h in a 40km/h zone.

He also identified defective trailer lights and requested the driver’s licence and identity document (ID).

“The court heard that the prescribed fine for the alleged traffic offences amounted to R1 125,” Senokoatsane said in a statement on Friday.

“When Complainant 1 indicated that he was uncertain how to proceed, Khupe allegedly demanded R200 in cash, indicating that the matter would then ‘go away’.”

The driver then contacted his employer, who refused to pay the money and instructed him to request that a traffic fine be issued instead.

Hawks operation catches officer with marked cash

Senokoatsane said evidence further revealed that the officer kept the motorist’s driver’s licence and ID and did not issue a fine or summons.

The following day, the driver and his employer reported the incident to the Directorate for Priority Crime Investigation, commonly known as the Hawks.

“An authorised entrapment operation was subsequently conducted on 17 February 2023,” the spokesperson said.

During the operation, the driver contacted Khupe and said he had the R200 he requested.

The court heard that Khupe directed him to meet him in Schröder Street, where he was conducting a speed trap operation with Tywili.

The driver then handed Khupe a marked R200 in exchange for his driver’s licence and ID.

Members of the Hawks immediately intervened and arrested Khupe, Senokoatsane said.

Burgers added to second alleged bribe demand

The second count related to an incident that occurred earlier on the same day involving another driver.

The court heard that the driver – who was also using his employer’s vehicle – was pulled over after Tywili informed Khupe that he exceeded the speed limit.

“Khupe requested Complainant 2’s driver’s licence and allegedly demanded R600 in cash in lieu of issuing a fine,” Senokoatsane said.

“He further requested two burgers for himself and Tywili.”

According to testimony before the court, Tywili suggested four burgers instead because the officers were famished.

However, the driver expressed concern that correct legal processes were not being followed.

“He subsequently left to obtain the money and four burgers while his driver’s licence remained in the possession of the traffic officers,” the NPA spokesperson said.

“When he returned, the accused were no longer at the location.”

Senokoatsane said when the driver reported to the local traffic office, he learnt that Khupe had been arrested by the Hawks.

The court heard that Tywili still requested his share of the money and the burgers, but the driver refused.

Officer denies soliciting gratification

Both drivers, the first complainant’s employer and a Hawks warrant officer, testified during the trial.

The defence challenged the admissibility of evidence obtained through the entrapment operation, Senokoatsane said.

“A trial-within-a-trial was conducted, after which the court ruled that the evidence was lawfully obtained and admissible.”

Testifying in his defence, Khupe denied that he had solicited gratification from the first complainant.

He claimed that the R200 was voluntarily given to him as a token of appreciation for not issuing a fine.

Khupe also disputed aspects of the second complainant’s testimony.

Tywili elected not to testify and did not call any witnesses in his defence.

Court rejects defence and postpones sentencing

In delivering judgment on Thursday, the court found the state witnesses to be credible, reliable and consistent in their accounts of the events.

It held that their evidence established the involvement of both accused in committing the offences.

“The court rejected Khupe’s version as false beyond reasonable doubt, finding that it was not corroborated by any evidence and was contradicted by the state’s case,” Senokoatsane said.

“In relation to Tywili, the court held that the uncontested evidence demonstrated that he associated himself with the unlawful conduct and stood to benefit from it.”

He added that following the convictions, the legal representatives of both officers requested that correctional supervision and probation officers’ reports be obtained for consideration during sentencing proceedings.

The court granted the request and postponed the matter to 02 December 2026 for sentencing.

“The NPA reiterates that public officials are entrusted with significant responsibilities and are expected to execute their duties lawfully, ethically, and in the public interest,” the NPA spokesperson said.

“Corruption by law enforcement officials erodes public confidence in the institutions responsible for upholding the rule of law and undermines efforts to ensure accountability and good governance.”

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