TFN Diamond Cutting Works (Pty) Ltd, a diamond cutting company, purchased rough diamonds in South Africa. On 20 October 2000, its director Mr Glowiczower travelled to New York with a consignment of diamonds that had been sealed by the South African Diamond Board. He sold some diamonds in New York and returned to South Africa on 8 November 2000. Upon arrival at Johannesburg International Airport, he declared the remaining diamonds to customs officials. Due to missing documentation, the diamonds were detained and placed in a sealed plastic pouch in a locked safe within a strongroom at the customs hall. The safe was under the control of customs employees. On 10 November 2000, when proper documentation was presented to secure release of the diamonds, they were discovered missing. Evidence established that Joseph Matshiva, an employee of the Commissioner (SARS), who had custody of the safe keys during his shift, had stolen the diamonds.