Net closes on ‘holiday swindler’ Francois Swart after NPA, NCC attach banking accounts, arrest warrant issued

Accused of taking payments for holidays that never materialised, swindling customers through claims of direct flights to Maldives — even though those had ceased in December last year — and even perverting the Hello Peter process by reporting “defamatory” reviews on the consumer platform, Fourways travel agency Priority Escapes has finally run out of runway. 

The National Consumer Commission (NCC), working with the National Prosecuting Authority’s Asset Forfeiture Unit, has obtained a preservation order against two bank accounts belonging to Priority Escapes and its sole director, Francois Swart, who is believed to have gone into hiding. The police are also looking for him.

The commission said that in pursuing several complaints about Priority Escapes and Swart receiving payments for holiday bookings which never materialised, it investigated and confirmed the allegations.

Priority Escapes, it said, advertised travel trips to Maldives, took deposits or full payments for the trips and received fake confirmation documents. Numerous consumers were deceived into believing that their trips to Maldives were booked and paid for — only to be told, at the last moment, that the trips had been cancelled due to the agency’s “financial challenges”.  

​​In August, Daily Maverick reported that Priority Escape’s victims said Swart had sold them dream holidays but instead of delivering, he appeared to have made a run for it. 

In September, TimesLive reported that victims flagged the removal of bad reviews from the Hellopeter site, with just under 70 reviews remaining. 

When Wendy Knowler asked Hello Peter CEO Alon Rom about the removal, he confirmed that Swart had been reporting “defamatory” reviews, which they cannot stop on the site, but he encouraged victims to reload their complaints.

Alleged scam artists’ plot thickens

Priority Escapes — which purported to be for the traveller who expects more — claimed to be the only South African Maldives travel specialist, with tailor-made exclusive deals that will take you “Direct To Paradise”.

The “agency” had offered affordable holidays up to the very end, when it abruptly closed on 12 August this year, when Swart mailed his clients, saying, “…we find ourselves in a position whereby we are unable to meet our financial obligations in respect of Priority Escapes clients and service providers… We have had no option other than to cease trading with immediate effect”.

His “escape artists” — AKA travel consultants — were apparently in the dark about direct flights between Johannesburg and Male, Maldives ceasing already in December 2022.

The NCC found Priority Escapes and Swart to be in contravention of section 47 of the Consumer Protection Act (CPA) which says when a supplier has taken a reservation and fails to supply goods or services on an agreed date or time due to a shortage of stock or incapacity, the supplier must either provide the same or equivalent goods or services to the consumer, or refund all amounts paid — with the prescribed interest and incidental costs — for breach of the agreement, unless the circumstances are beyond the supplier’s control and the supplier took reasonable steps to inform the consumer of the shortage or incapacity.  

Acting Consumer Commissioner Thezi Mabuza said the NCC is working with other law enforcement agencies to locate Swart. 

“We need to find Mr Swart so that we can serve him with the National Consumer Tribunal papers. Once he is served with the papers, and the matter is argued at the Tribunal, the NCC will execute the outcomes of the Tribunal,” she said.

The NCC is also investigating two other travel agencies trading as Unique Kaybe Holdings and its director Kabelo Refiloe Millicent Letlhatlha as well as Travel Plug with its director, Dudu Phatu, after receiving similar complaints from consumers alleging that they were paid for holidays that never materialised. 

It said Unique Kaybe Holdings took consumers’ money for trips to Botswana and Namibia which were scheduled for 26-30 April 2023. Consumers allege that Letlhatlha told them via WhatsApp groups for the trips that they were cancelled due to “her being involved in a car accident”. 

Travel Plug, which was paid for trips to Bangkok, Dubai, Egypt, Turkey, Thailand, Kenya, Zanzibar, Mozambique, and Namibia, has also cancelled trips due to “unforeseen circumstances”. 

The commission says it has noticed that these “travel agencies” advertised on social media, and used images of other consumers who might have “used their services” to lure customers. 

Meanwhile, police in Limpopo are looking for the “holiday swindler” Swart, who is also accused of defrauding holiday companies in Modimolle of millions of rands.

An arrest warrant was issued for him on 8 December after a case of fraud was opened at the Modimolle Police Station in August. Two complainants claim they were defrauded of more than R130,000 by Priority Escapes. AfriForum is representing the two victims. DM

If Swart is spotted, SAPS have asked that the investigating officer Gawie Greef be contacted on 082 565 7800. 

Update: Attempts to contact Swart yielded no results. He and his attorney, Tracey Lomax have since contacted Daily Maverick but requests for comment have still not been responded to.