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The Pietermaritzburg High Court dismissed an urgent application by Calvin Mojalefa Mathibeli’s company, Calvin and Family Security Services, which sought the immediate return of items seized by the South African Police Service (SAPS) during an operation in early March.
In an affidavit, CEO Simangele Mathibeli, Mathibeli’s wife, claimed that on March 10, 2026, police seized numerous items from their Durban North premises, including a firearms register, computers, laptops, hard drives, external storage devices, cellphones, tablets, and all documents.
The company also sought, in Part B of the application, to have the search and seizure warrant, obtained at the Durban Magistrate’s Court, set aside and the search declared unlawful.
Simangele asserted the company’s adherence to all regulations for a security company that employs approximately 4,250 security officers and serves industrial, residential, and commercial clients.
She argued that the seizure of the firearms register was significantly disrupting daily operations, preventing the deployment of armed officers in compliance with the Firearms Control Act (FCA).
Furthermore, not having the register exposed the company to the risk of having its firearm licences suspended or cancelled for being unable to account for its firearms as required.
She noted that the police began investigating alleged tender fraud involving the company in February 2025.
However, she disputed the fraud allegations and denied that the company possessed or used the SAPS certifying stamp to certify its own documents, or that fraudulent documents or illegal firearms were kept at their Durban North head office.
She also defended her husband, stating he had no undue influence over politicians, police, or the justice system. “The allegation concerning Mr Mathibeli is false and without foundation.”
However, in court papers, an investigating officer from Counterintelligence Investigations in Pretoria revealed that a reliable, planted source, who had worked in all four of Mathibeli’s company branches, confirmed the fraudulent activities.
“The source has confirmed the commission of fraud and the manipulation of tender documents, including illegal firearms. As a result, several tenders were awarded to Calvin and Family Security company,” court documents stated.
Simangele challenged the source’s credibility, stating that it was not identified by name and that no details were provided regarding its identity, employment history, qualifications, or background.
During the court proceedings, the SAPS, represented by Advocate Hawa Dhoda, refuted the company’s claim regarding the central item of the urgent application, the firearms register.
The police produced a copy of the SAP13, which stated that only four laptops and company documents were seized on March 10. Advocate Dhoda clarified that the firearms register itself was seized later, on March 19, by another unit.
“The firearms register was seized under Operation Buyisa regarding compliance with the Firearms Act. The firearm register was booked in the SAP13 as an exhibit,” Dhoda explained.
She emphasised that on March 10, only a firearms permit book was seized, which was already used.
Advocate Dhoda maintained the legality of the search, noting that the company’s lawyer had signed the warrant on March 10, acknowledging that the documents were legal, despite conceding a case number error on one page of the warrants.
Following the clarification that the firearms register and the firearms permit book were distinct items, Judge Carol Sibiya struck the matter off the roll for lack of urgency and dismissed the company’s application with costs.
nomonde.zondi@inl.co.za
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