News24 | Businessman opens case against top cop over hijacking, cartel claims

Stuart Scharnick has opened a defamation case against Crime Intelligence boss Dumisani Khumalo.

• KwaZulu-Natal businessman Stuart James Sharnick has opened a case of fraud and defeating the ends of justice against Crime Intelligence boss Dumisani Khumalo.
• In his affidavit, Sharnick accused Khumalo of being untruthful and damaging his reputation at the Madlanga Commission.
• He has confirmed his links to suspended deputy police boss Shadrack Sibiya and even loaned him his bakkie.

Durban businessman Stuart James Scharnick, who was linked to suspended deputy police commissioner Lieutenant-General Shadrack Sibiya during the Madlanga Commission, has opened a fraud and defamation of character case against Crime Intelligence boss Lieutenant-General Dumisani Khumalo.

Scharnick opened the case at the Pretoria Central police station on Wednesday after Khumalo implicated Scharnick during his testimony in the Madlanga Commission.

He alleged that Scharnick had a history of 34 criminal cases, 18 convictions, and a string of withdrawn cases. He also labelled him a “hijacker”.

Speaking to News24 shortly after opening his case on Wednesday, Scharnick said he would fight the matter tooth and nail.

“His testimony has caused irreparable damage to myself, my family and business, leaving our lives in danger because of mere association and speculation linking me to cartels and that I am a serial hijacker. I have never been convicted of hijacking,” he added.

Sharnick accused Khumalo of fabricating information in an affidavit that has, he said, severely tarnished his reputation.

“Khumalo’s affidavit is riddled with lies. It is important for me to use the criminal justice system to clear my name,” he said.

“We can still deal with the merits of the matter before the commission, but there is urgency in addressing the conduct by Khumalo, which has caused irreparable damage.”

READ | Sibiya used carjacker’s bakkie, was ‘protected’ by him at ad hoc committee – Khumalo

Sharnick disclosed that he had a previous conviction for theft linked to the sale of vehicles in KwaZulu-Natal. He was sentenced to a five-year suspended term in 2019, which has since lapsed.

He also alleged that Khumalo had a long-standing professional relationship with Lieutenant-General Nhlanhla Mkhwanazi and General Fannie Masemola, saying it was “unfathomable” that Khumalo had failed to verify his claims with them before making “false and damaging statements.”

“Khumalo, Mkhwanazi and Masemola have worked together for years. It’s hard to believe he didn’t check with Mkhwanazi about my cases.

“There was no tangible evidence from his testimony linking me to drug cartels, murder-for-hire, kidnapping or cross-border hijacking syndicates. His testimony was idiotic, frivolous, and bordering on nonsense,” Sharnick said.

He further claimed that Khumalo had known him for more than five years, contradicting Khumalo’s assertion that he identified him through CCTV footage.

“I’ve met Khumalo several times and communicated with him via cellphone and WhatsApp,” he claimed.

Links to Shadrack Sibiya

Sharnick said he met Sibiya while laying complaints about rampant murders in Richards Bay, his hometown.

Sharnick claimed:

He confirmed ownership of the Toyota Hilux bakkie seen at Sibiya’s home, saying he had loaned it to Sibiya after the police management allegedly withdrew official vehicles, firearms, and personal protectors from him.

“Sibiya reached out, and I assisted him with the bakkie, which he still uses,” Sharnick said.

He also rejected claims that he served as Sibiya’s bodyguard during the parliamentary ad hoc committee proceedings.

“Khumalo lied again. He knows I’m not an SAPS member. I entered Parliament using accreditation issued by SAPS, clearly stating I was part of Sibiya’s legal team,” Sharnick said.

“Being part of the legal team didn’t mean I was a lawyer, but I had insight into the evidence Sibiya presented regarding our community.

“It’s sad to see how low Crime Intelligence has fallen. Khumalo’s statements showed a complete lack of intelligence.”