Awaiting-trial bus and taxi boss Bonke Makalala’s bid to have three of his impounded taxis released has failed after investigations found the vehicles, alleged to have been used in long-distance bus attacks, were tampered with.

Makalala is currently imprisoned at the Brandvlei Maximum Correctional Services Facility in Worcester for serious crimes including murder, attempted murder, and various counts of possession of an unlicensed firearm and ammunition.

Makalala, the owner of Makalala Tours, turned to the Western Cape High Court to have his three Toyota Quantums released after they were confiscated in October last year by the SAPS.

According to the judgment, Makalala has been actively involved in the transport industry since 2008 and is the lawful owner of the impounded vehicles.

According to Makalala, he has not received any reasons from the police for the vehicles being confiscated.

The vehicles, which operated on the Fish Hoek and Masiphumelele routes, were all confiscated on October 17 last year as police in all instances, pulled over the drivers of the vehicles, approached the vehicles, and reached inside and removed the keys from the ignition. Passengers were unloaded from the vehicles.

Police submitted that the confiscation had its genesis in an investigation into the attacks on long-distance buses in the Eastern and Western Cape. The investigation into these attacks became a police project known as Project Tsitsikamma.

The Bellville Vehicle Crime Unit stated that this project consists of three phases: serious and violent crimes, extortions, and offences relating to vehicles.

Judge James Dumisani Lekhuleni said: “(Makalala) stated that the failure of the police to release his vehicles has had a detrimental impact on his income as he cannot generate an income as he did before.

“Additionally, the applicant stated that the drivers of these vehicles are similarly in a financially detrimental position as they cannot earn an income. The applicant prayed for an order that the vehicles be released from the police and be returned to him.”

Details from a police investigation found that at least one of the operating permits of the vehicles had been fraudulently obtained while he was imprisoned.

“The basis for this suspicion is because the applicant was in prison at the time of issuing the permit on 1 September 2024. According to the respondents, a permit can only be issued on application by the applicant in person. The respondents contended that the chassis numbers of the three Toyota Quantums impounded by the police were suspected of having been tampered with, which gave rise to suspicion of forgery and uttering,” the judgment read.

Meanwhile, further investigations by a Senior Forensic and Metallurgical Analyst at the Forensic Science Laboratory of SAPS found two of the vehicles’ true identity had been tampered with.

Police investigations on the third vehicle found that the chassis tag of the vehicle had been tampered with, and the floor panel containing the chassis tag and firewall had been paired with another vehicle’s roof.

Investigations also found that all three vehicles’ engines had been tampered with.

“The investigations regarding these vehicles are forgery and uttering, which relates to the chassis and engine numbers of the vehicle. The investigation also relates to the roadworthiness of the vehicles and how the initial roadworthy certificates were obtained.

“It was the Counsel’s submission that these investigations are at a sensitive stage, and the respondents cannot divulge full information as it could alert suspects who will soon be arrested pursuant to the investigations. This would thwart the investigation,” the judgment read.

Cape Times