The prosecution is pulling all the stops to reinstate charges in the R1bn Cape Town housing tender fraud case before alleged 28s gang boss Ralph Stanfield appears in the high court on gang-related charges in November.

The prosecution provisionally withdrew fraud charges against Stanfield and former human settlements MMC Malusi Booi, and several others, in May.

Stanfield, his wife Nicole Johnson and 13 other accused appeared in the Cape Town magistrate's on Monday on 41 counts. They range from murder to attempted murder, possession of illegal firearms and robbery. The matter was transferred to the high court in Cape Town for trial.

They will make their first appearance in the high court on November 7.

Eric Ntabazalila, the spokesperson for the prosecution, said the charges only related to “murder, being a member of a gang, possession of illegal firearms, illegal possession of ammunition and robbery”.

He said the state hopes all charges withdrawn in the R1bn city tender fraud matter will be reinstated against all the accused before Stanfield and Johnson’s matter is heard in the high court.

“You will remember that the cases that involve financial crimes, including the City of Cape Town tender, were withdrawn because the investigation continues. We hope that investigation can be completed before the other matter goes to the high court on November 7,” said Ntabazalila.

“The investigation is continuing. We hope that it will be finalised in the next month or two. Our hope and plans are that when everyone goes to the high court, they will be joined by the group whose charges were withdrawn.”

Stanfield, Johnson and a few others appeared virtually from the various prisons where they are held. Meanwhile, a group of people picketed and brandished placards outside court in support of Stanfield. “Stanfield is kept in solitary ... for almost two years,” one placard read.

Another placard accused the police anti-gang unit (GNU) of underhanded tactics. It read: “The AGU uses illegal modus operandi to arrest and to incriminate the Common Man ...”

After the hearing, the picketers neatly packed the placards into black refuse bags.

The 13-page indictment that was read to the accused in court lists a slew of serious charges.

It alleges that the accused were members of the “‘The Firm’ criminal gang, operating in Milnerton, Wynberg, Bishop Lavis, Kraaifontein, Parow, Somerset West, Belhar, Green Point, Kuils River and Bluedowns”.

“... The 'criminal gang' comprises a group of three or more individuals, including Ralph Israel Stanfield, Nicole Tracey Johnson, Johannes Abrahams, Denver Booysen, Jose Brandt, Jonathan Cloete, Abraham Wilson, Shakeel Pelston, lmtyaas Sedick, Warren Lee Dennis, Michael Morris, Chevonne McNabb, Sharazaadht Essop, Brandon Conelius, Donovan van Wyk and Keathan Gardiner,” the indictment reads.

According to the indictment, a “criminal gang” has a formal or informal structure, with members holding ranks or leadership roles based on a system loosely inspired by the “28s” prison gang, though not always strictly followed outside prison. “... The accused are all members of ‘THE FIRM’ ‘Criminal Gang’ and were all members thereof at all times relevant to the indictment,” the indictment reads.

According to the indictment, the alleged gang operated in parts of Cape Town between November 2019 and November 2023.

Stanfield is accused of fraud linked to a “black BMW”. He allegedly falsely claimed to a police officer in November 2022 that he was the owner of the car, “with the intent to defraud and to the prejudice or potential prejudice of the name of the complainant”. According to the indictment, the “victim is not disclosed” for safety purposes. Johnson allegedly pretended to be “an employee of Tracker” and “that she was the lawful owner of a black BMW”. “She knew she was not the lawful owner of said motor vehicle,” the indictment reads.

All 15 accused, including Stanfield and Johnson, are accused of robbery. They allegedly assaulted one of the victims in Valhalla Park in January 2023 and stole her Toyota Fortuner worth R170,000.

Stanfield is also charged with illegal possession of a firearm and ammunition, which were found at his Constantia home in September 2023. “On September 29 2023 the police proceeded to the home of [Stanfield] and [Johnson[ to arrest them,” the indictment reads.

“The police requested [Stanfield] and another male to lie on the ground. While on the ground the police spotted [Stanfield] trying to hand a key to another male. The police took the key and established that it is a safe key. The police opened the safe and found the firearm and ammunition ... [Stanfield] did not possess a licence for the said firearm and ammunition. He was thereafter arrested.”