Accused in Elizabeth Moselakgomo smartwatch case faces immigration and fraud charges

Chibuzor was formally charged with alleged contraventions of Sections 49(14) and 49(1)(a) of the Immigration Act, as well as fraud. His matter was postponed to November 2 for a bail application after his legal representative asked for more time to consult with him.

Chibuzor remains in custody. The latest charges add to the allegations already before the court in a case involving the suspected handling and resale of Moselakgomo’s Garmin Venu smartwatch.

Immigration status remains before the court

At Chibuzor’s previous appearance on October 19, the court heard that his immigration status was still being verified.

The state alleged that Chibuzor had previously applied for asylum but later withdrew the application. The additional charges formally placed the alleged immigration and fraud-related contraventions before the court.

Verification of immigration documentation can form part of the information considered during criminal proceedings, particularly where the state alleges that a person may have contravened provisions of immigration law. However, the charges remain allegations until tested in court.

Chibuzor’s case has been separated from that of his co-accused, Stephen Mohlakwane Sekhukhune and Danial Anthony Moat. This means the court is dealing with Chibuzor’s position separately from the matters involving the other two accused.

How the smartwatch allegations unfolded

The three men first appeared in court on October 12 in connection with a Garmin Venu smartwatch allegedly belonging to Moselakgomo. Her body was discovered in Rhodesfield in September.

During those proceedings, the state outlined allegations about the watch’s acquisition and resale after Moselakgomo was last seen alive.

The court heard that Chibuzor allegedly owned or managed a second-hand goods shop in Jubilee Street, Kempton Park. He allegedly acquired the smartwatch for R900 from an unidentified person.

According to the allegations presented in court, Chibuzor then sold the watch to Sekhukhune. Sekhukhune allegedly registered it to his Gmail account on September 10, after Moselakgomo’s settings and profile data had allegedly been erased.

Sekhukhune allegedly sold the smartwatch to Moat for R4 000. Moat then advertised it on Facebook Marketplace and allegedly resold it for the same amount.

The alleged movement of the device is central to the charges against the three accused. The state has charged them with offences including theft and money laundering in connection with the smartwatch.

Separate charges against Chibuzor

In addition to the theft and money-laundering allegations, Chibuzor faces charges relating to alleged contraventions of the Second-Hand Goods Act.

The Second-Hand Goods Act regulates certain businesses and transactions involving used goods. In general terms, the law is intended to support accountability around second-hand items and assist authorities in tracing goods that may have been unlawfully obtained. The specific allegations against Chibuzor must still be determined through the court process.

The newly added immigration and fraud charges will be addressed alongside the existing matters at the next stage of Chibuzor’s case. His lawyer’s request for additional consultation time resulted in the postponement of the bail application to November 2.

Co-accused were previously granted bail

Sekhukhune and Moat were each granted bail of R10 000 during the October 12 proceedings.

Their bail was subject to conditions, including reporting to the Kempton Park police station twice a week. Chibuzor did not receive bail at that stage and remained in custody while his immigration documentation was being verified.

Bail proceedings are focused on whether an accused person should remain in custody while the case continues, and may involve conditions intended to ensure attendance at future court appearances. A bail decision does not determine guilt or innocence.

Next court appearance

Chibuzor is expected back in the Kempton Park Magistrate’s Court on November 2 for his bail application.

The case remains at an early procedural stage. The allegations concerning the smartwatch, the additional immigration and fraud charges, and the alleged Second-Hand Goods Act contraventions have not been proven in court.

As the matter proceeds, the court will consider the charges and evidence through the required legal process. The accused remain entitled to the presumption of innocence unless and until a court finds otherwise.