SIM card fraud wrongfully links South African man to murder case

Regulation of Interception of Communications and Provision of Communication-related Information Act (RICA) fraud led to Fezile Ngubane being falsely arrested for the murder of Olorato Mongale.

Ngubane has now been cleared of any involvement in Mongale’s death. Philangenkosi Makhanya allegedly used Ngubane’s smart ID card to RICA SIM cards.

The RICA’d SIM cards were also used to conduct several other crimes. However, how Makhanya obtained Ngubane’s smart ID card remains uncertain.

702 reports that Makhanya had stolen the document, while an eNCA report said Ngubane sold the card to Makhanya for R500 to buy drugs.

Ngubane told eNCA that he was relieved his name had been cleared, admitting that he has a drug problem, but emphasising that he isn’t a violent person.

“I have a problem with drugs, but I am not a violent person; I have never lifted my hand on any woman,” he said.

According to 702, Makhanya was killed during an encounter with police on Friday, 30 May 2025. Ngubane’s ID was found in a batch of 27 smart ID cards in Makhanye’s possession.

Mongale left her Atholl residence in Gauteng for a date with a man she knew only as John on the afternoon of 25 May 2025.

Less than two hours later, her body was discovered in Lombardy West. CCTV footage and police accounts revealed that she was picked up in a white Volkswagen Polo.

Authorities investigating the murder tracked the vehicle to a panel beater workshop in Phoenix, Durban, on 26 May.

By 28 May 2025, authorities had named two suspects allegedly on the run — Ngubane and Makhanya — and a day later, they took Makhanya’s parents into custody.

His father was the owner of the vehicle used in the violent crime, and his mother allegedly tipped him off moments before police arrived, allowing him to escape.

Makhanya was gunned down in a run-in with police in KwaZulu-Natal on Friday, 29 May, after he opened fire on police officers. They had tracked him to a residential complex in Amanzimtoti.

RICA enforcement lacking

702 interviewed Alex Evan, a lawyer and top advisor to the telecommunications sector with over 20 years of experience, about RICA enforcement in South Africa.

“The short answer to a long question is that it could be quite easily resolved because the core and the fundamentals of the provisions of RICA are in place,” said Evan.

“It’s just, unfortunately, not being enforced properly.”

He explained that each SIM card sold in South Africa has a unique identifying number, the MSISDN, which must be registered.

“RICA makes a provision that when a person registers or buys a SIM card, they have to give certain information, such as their address, their ID, and the MSISDN,” said Evan.

“When that gets activated on the network, their phone also has a unique number, and those two are matched, and then it’s matched a third time with your ID information.”

He explained that when a crime occurs, whether it’s kidnapping, extortion, or financial crime, police and law enforcement agencies then subpoena networks to identify who owns the associated number.

RICA, which Evans described as a very advanced piece of legislation, was promulgated in 2002.

“Unfortunately, it’s never been enforced. Part of the reason was that the networks, at that stage, said it was too difficult,” said Evans.

He highlighted the issue of “naked SIMs” in South Africa.

“Currently, you can buy naked SIMs, which means you can go to your corner spaza shop or local shopping centre and ask for a SIM card,” said Evans.

“It’s pre-registered, which means it’s registered in someone else’s name. I can buy it, do some nefarious activity, give it back and put it into the system, and you buy and register it on my old number.”