Three years on, no arrests in SAMRO fraud probe

The Hawks have confirmed that the criminal investigation into irregular royalty payments at the Southern African Music Rights Organisation is still open more than three years after it was registered, and that nobody has been arrested.

Hawks national spokesperson Colonel Katlego Mogale told Africa Daily on Monday that the case is being investigated by Captain Hlongwane of the DPCI’s Johannesburg Serious Commercial Crime Investigation unit.

“The case is still under investigation and no arrests have been made,” she said.

The docket, Hillbrow CAS 584/06/2023, was opened on 22 June 2023.

In the three years and three months since, the SAMRO executive who drove the investigation has been suspended, charged internally, thrown out of the Labour Court and ordered to pay costs on a punitive scale.

Court papers seen by Africa Daily shows that chief operations officer Mpho Mofikoe told the investigating officer she was being intimidated by board members implicated in the probe, three months before SAMRO suspended her.

The court papers also show that Mofikoe wrote to Captain MV Hlongwane on 12 May 2025, after a phone call with him that morning.

“Implicated board members had refused to step aside from their board duties and had tried to change or challenge how the forensic investigation was being conducted, she wrote.

They had also “intimidated me as COO for enforcing the engagement rules with investigators,” she continued.

She told Hlongwane that at a board meeting on 8 May 2025, the chairperson said he had a responsibility to protect the real members of SAMRO, “including implementing the Amnesty Process”.

She recorded that a remark was made about publishers implicated in the forensic investigation.

Under a heading marked “Threats to Personal Safety”, she reported that her car was jammed and her SAMRO laptop stolen on 17 February 2025.

She did not overstate it. “While I cannot definitively confirm this incident was related to the ongoing investigation, the timing raises serious concern for my safety and security,” she wrote.

She added: “I am seriously fearing for my safety especially taking into consideration the magnitude of the Fraud Allegations and the mounting intimidation that I am currently receiving from the Board.”

She told the captain she would open a case of intimidation with the police.

Hlongwane replied the same day.

Since she was already pursuing a fraud case, he wrote, she could also consider opening a case for intimidation, “which is a criminal offence in South Africa,” Hlongwane replied.

He said he would note it to his fraud investigation file.

Whether that case was ever opened is not clear. Africa Daily asked the Hawks directly. The Directorate did not answer.

The forensic investigation was conducted by Fundudzi Forensic Services, appointed in November 2022.

Its report, issued on 13 July 2023, examined about R3.4 million in undocumented-works claims in the 2020–21 financial year.

It recommended criminal charges against Sheer Publishing and a delinquency investigation into two individuals.

By July 2025 the fight had reached the top of the organisation.

On 25 July, chief executive Annabell Lebethe wrote to Mofikoe: “The grievance that you have lodged does not stay/rescind/amend my instruction and your continued ignorance of my instruction is insubordination and will be dealt with accordingly.”

Mofikoe replied on 27 July. She was not being insubordinate, she wrote, she was following the instructions of the Hawks.

“Once a case is registered with SAPS/Hawks, all relevant internal personnel including Executives are obliged to cooperate,” she replied to Lebethe.

She warned that “any internal interference may be deemed as obstruction of justice” under the Prevention and Combating of Corrupt Activities Act.

“I respectfully and humbly request that you stop threatening and intimidating me, and allow me to do my job as the COO and Lead Investigator without fear or interference in this regard,” wrote Mofikoe.

She copied the board, pointing to the assurance the chairperson had given her at an extraordinary general meeting on 10 July, where Nicholas Maweni told her she was protected.

Eight days later, on 4 August 2025, she was suspended.

SAMRO said the suspension followed preliminary findings of possible internal transgressions and was not retaliatory.

She referred an unfair labour practice dispute to the CCMA the next day. Five internal charges followed on 26 August.

Musicians marched on SAMRO’s Braamfontein offices on 13 November demanding whistleblower protection.

A memorandum from the Artists United grouping asked the board to account for the security measures and funds allocated to protect Mofikoe after her disclosures.

That question has never been publicly answered.

Her urgent bid to stop the disciplinary process was dismissed on 2 December 2025 with punitive costs. Leave to appeal was refused on 6 February 2026.

Acting Judge Snyman expressly declined to decide whether Mofikoe is a whistleblower.
No court has found that she is not.

Her contract expires next month.

Questions were sent to SAMRO and Mofikoe and they did not respond.

Zama Nteyi

Zama Nteyi

zama@africadaily.co.za

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