The order was granted by the high court in Bloemfontein on Friday (22/3), which found the assets were acquired using funds diverted from an irregular R230 million tender.  A total of six luxury properties and a high-end Mercedes-Benz G63 AMG worth around R32 million were forfeited.

The court found, on a balance of probabilities, the assets were proceeds of unlawful activities, including fraud, corruption, theft, contraventions of the Public Finance Management Act, and money laundering.

Properties

The seized assets include high-value properties located in Sandton, Hartbeespoort, Wonderboom, Randburg, and Parys. Investigations traced the flow of funds from the Free State department of human settlements into various trusts, including the McGina Property Trust, Villa Castello Residence Trust, and SAB Family Trust, which were used to acquire the properties and vehicle.

“It should be noted this forfeiture order is distinct from the criminal recovery order that requires a conviction and is civil in nature,” said NPA national spokesperson Kaizer Kganyago.

“The respondents in the forfeiture application failed to discharge the burden of proving innocent owner defence as they raised a bare denial with no credible evidence demonstrating a legitimate source of funding for the acquisition of the assets in question.”

The forfeited assets will now vest in the state and be sold, with proceeds deposited into the Criminal Assets Recovery Account to support law enforcement efforts and benefit affected communities, he said.

Meanwhile, the DA in the Free State also welcomed the ruling. “The DA regards this court victory by the NPA as a win for residents of the Free State,” said Free State DA leader Roy Jankielsohn.

“This will also assist in the case to put those responsible for the theft of public funds behind bars. Funds from the department of human settlements meant to replace asbestos roofs were diverted into trusts that were used to purchase these properties and the vehicle.”

Meanwhile, the criminal case linked to the asbestos project continues to face delays. The matter has been rescheduled for 9 April, with all accused expected to appear.

Former Free State premier Ace Magashule and his co-accused recently appeared in the high court in Bloemfontein on Monday, 9 March, where proceedings were postponed to allow one of the accused to secure legal representation.

OFM News/Zenande Mpame dg

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