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COURT DISMISSES ASSETS SEIZURE

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MBABANE – A businessman suspected to be involved in criminal activities has avoided the clutches of the POCA, which has seen the preservation of assets for forfeiture at a later stage.


POCA stands of the Prevention of Organised Crime Act of 2018.
On the strength of this Act, the Director of Public Prosecutions (DPP) has successfully applied for the preservation of assets belonging to individuals who were being investigated for their suspected involvement in criminal activities. The preservation of the assets is the first step towards seizing them. The assets involved are those that are believed to have been obtained through criminal activities.


In the event the court grants the preservation order, an officer is appointed, under whose custody the property is to be kept.
The DPP moved a similar application against Monty Shongwe, who is out on bail on four charges of alleged car smuggling.
The DPP wanted the court to grant an order for the preservation of Shongwe’s grey Opel Astra 2.01 sedan registered BSD 774 DM, and 10 one-room flats situated on Eswatini Nation Land at Mfabantfu.


High Court Judge John Magagula dismissed the application. The judge said the court was not satisfied that the items were proceeds of criminal activity, and with the reasons put forward by the DPP for the preservation and subsequent seizure of Shongwe’s property.


Dismissed


This is the only application that has so far been dismissed. The application was filed ex parte (without Shongwe’s knowledge).
In motivating the applicant, Head of the Assets Forfeiture Unit Elsie Matsebula, said Shongwe allegedly had no tax history and no employment track record to authenticate his purchase or investments.  Matsebula said, instead, Shongwe has a long history with the law.

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