STATE TO SEIZE SUSPECTS’ BMWS

 

MBABANE – It bites! This is how one can best describe the Prevention of Organised Crime Act (POCA), whose effect has become evident.

The High Court yesterday issued an order authorising the State to confiscate movables belonging to a civil servant who is employed at the office of the Master of the High Court.

This is the third application under this Act to be moved by the Crown this month alone.
The items which the court has since directed the State to take from the civil servant, Thandeka Xondile Maphalala and her co-accused Thabani Derrick Sibanyoni, include a white BMW 320i and white BMW 1 series and a white mobile kitchen.

According to the Crown, investigations have revealed that the properties were purchased through cash stolen from estates in the office of the Master of the High Court.

The order by the court comes after the Crown moved an ex-parte application (application made without informing the other party).
The application by the Crown was  moved in terms of Section 50 (1) of the Prevention of Organised Crime Act (POCA) to ensure that the property is preserved pending the outcome of the process for a forfeiture order in terms of the Act.

The court, according to the State, was to issue the preservation order if it is satisfied that the information provided shows that there are reasonable grounds to believe that the properties are proceeds of unlawful activities.

Basis

In her founding affidavit, Principal Crown Counsel Elsie Matsebula, submitted that the application was brought ex-parte on the basis that Section 42(2) of the POCA entitled the Crown to approach the court on such basis.
Matsebula, who is the Operational Head of the Assets Forfeiture Unit in the DPP’s office submitted that property was purchased through cash stolen from estates.

She informed the court that Maphalala and Sibanyoni were facing three counts of money laundering and fraud.
According to the principal Crown Counsel, investigations had revealed that three estates were defrauded different sums of money by the duo.

Defrauded

She narrated that the Estate of the late Patrick Bafana Sihlongonyane was defrauded a sum of E682 771.85.
The beneficiary of the estate, according to Matsebula, was Nosipho Sihlongonyane, whose identity information was used to make a forged identity document.
She pointed out that, the forged identity document was used to open account No. 9110002906956 at Standard Bank Swaziland.  Matsebula submitted that, upon the cash being paid into this account, several transactions were made.

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