Johannesburg – Lucky Nkomo, the father of house music star Busisiwe “Bucie” Qwiliso's child, is taking First National Bank (FNB) to court, demanding R5 million in damages. Nkomo alleges that an FNB employee leaked his confidential account information to members of the Crime Intelligence Unit, who then used it to kidnap and extort money from him.
According to court documents seen by this publication, Nkomo's legal representatives, BDK Attorneys, detail a shocking sequence of events involving an FNB employee, identified as Ramiel Singh, and rogue police officers. The lawyers claim Singh conspired with the officers to kidnap Nkomo and unlawfully transfer a total of R180,000 from his bank accounts. They further allege that the police were able to track Nkomo's movements using the FNB app, aided by Singh's inside knowledge.
The papers, filed in the Johannesburg High Court, state that Nkomo, who has an account with FNB since April 12, 2019, was accosted by three men identifying themselves as police officers on January 30 last year at a pool hall in Weltevreden Park, Gauteng.
Without providing any explanation, the men allegedly arrested Nkomo, forced him into a Ford vehicle, and confiscated his mobile phone.
While in the car, the lawyers state, the officers accused Nkomo of being implicated in a R200-million fraud investigation. Nkomo was then driven towards Fairlands Police Station, with an FNB vehicle driven by Singh following closely behind.
However, upon arrival at the station, the Ford vehicle remained parked outside. "The plaintiff was not taken out of the Ford into the Fairlands Police Station to be charged. The Ford remained outside the Fairlands Police Station with the plaintiff and unidentified SAPS members," the court documents read.
The situation then allegedly escalated dramatically. "An employee of the defendant, Ramiel Singh, entered the Ford. Mr Singh forced the plaintiff to hand over his phones to him, unlocked his phones, and assaulted and intimidated the plaintiff," the lawyers claim. "Mr Singh assaulted the plaintiff and threatened his life in the Ford."
During this alleged assault inside the vehicle, Nkomo's friends, who had followed him to the police station, attempted to intervene but were reportedly ordered to leave by the police officers.
The lawyers further state that Singh then exited the Ford, returned to Nkomo's vehicle at the pool hall, and came back later.
"The plaintiff was then taken to his residential complex, with Mr Singh following the Ford vehicle in the defendant’s vehicle," according to the court papers.
Upon arriving at Nkomo's residential complex, the police officers and Singh were initially denied entry because they refused to provide identification. "The plaintiff’s keys were in his car at the pool hall, and he could not open for Mr Singh and the SAPS members," the documents state.
Eventually, the security guard recognised Nkomo and granted them access to the complex. However, Nkomo was still unable to open his apartment.
"Mr Singh alighted from the defendant’s car towards the Ford vehicle. Mr Singh grew increasingly aggressive as they could not enter the plaintiff’s residence and then proceeded to threaten to kill the plaintiff," the court documents allege.
Nkomo's legal team argues that Singh displayed an unsettling knowledge of Nkomo's personal information, including his current and former addresses, which could only have been obtained by accessing his confidential information held by the bank.
En route to Bucie's house, the Ford vehicle allegedly pulled over at an empty field near the CRC Church on Witkoppen Road.
Nkomo was reportedly forced out of the vehicle and taken to the field, where Singh and the police officers instructed him to transfer funds from his accounts into their accounts.
"The plaintiff was extorted and intimidated to transfer R90,000 from his Nedbank account and another R90,000 from his Discovery bank account," the court papers state. "The defendant’s employee indicated they had used the defendant’s app to locate him and would do so again." After the funds were transferred, Nkomo was allegedly left stranded in the veld.
Nkomo's lawyers argue that FNB is vicariously liable for the harm he suffered because Singh accessed and disseminated his personal information, ultimately facilitating criminal activity.
"The plaintiff claims R5,000,000 (five million rands), which amount is just and reasonable, given the multifaceted nature of the harm endured by the plaintiff as a direct result of the defendant’s negligent actions, which facilitated criminal conduct targeting him," the court documents conclude. The case is set to proceed in the Johannesburg High Court.
