The Special Investigating Unit (SIU) welcomes a preservation order from the High Court of South Africa, Gauteng Division, Pretoria to freeze nine luxury properties in Pretoria, Centurion, Hartbeespoort and Johannesburg, a BMW 420i and two ocean basket franchises in the East Rand with the combined value of approximately R25 million.
SIU investigations in the affairs on the National Lotteries Commission (NLC) had revealed that the acquisition of the properties was funded by the Non-Profit Organisations (NPOs) with money they had received, under the auspices of grant funding, from the NLC. The luxury properties, therefore, constitute proceeds of unlawful activities hence the application for a preservation order pending the final determination of the application for final forfeiture.
In terms of the High Court order, which was granted on 4 November 2022, prohibits, and restrains:
• Moitheri Pheto
• Lesley Ramulifho
• Collin Mukondeleli Tshisimba
• Fulufhelo Promise Kharivhe
• AO Residence Trust represented by Mashudu Shandukani
• Rasemate Family Trust represented by Rebotile Malomane
• Mojakgomo Family Trust represented Thabang Charlotte Mampane,
• Unbrand properties represented by Sthembiso Jim Skosana,
• Just Cuban Trust represented by Botshelo Cornelius Moloto
• And any other person with interest in the properties are prohibited from selling, disposing of, leasing, transferring, donating, or dealing in any manner whatsoever with respect to the immovable and movable properties.
The preservation order will remain in force until an application for a forfeiture is finalised, which will be brought before the High Court under section 48 of the Prevention of Organised Crime Act within 90 days.
The SIU was, in terms of Proclamation R32 of 2020, authorised by President Cyril Ramaphosa to investigate allegations of corruption and maladministration in the affairs of NLC and the conduct of NLC officials, and to recover any financial losses suffered by the State.
The proclamation covers offences which took place between 1 January 2014 and 6 November 2020, the date of publication of this Proclamation, or which took place prior to 1 January 2014. It also covers any offences after the proclamation date that are relevant to, connected with, incidental to the matters or involve the same persons, entities or contracts investigated under authority of Proclamation R32 of 2020.
The SIU is empowered by the Special Investigating Units and Special Tribunals Act 74 of 1996 to institute civil action in the Special Tribunal or the High Court to correct any wrongdoing it uncovers in its investigation. Evidence pointing to a criminal conduct, the SIU refers the evidence to the National Prosecuting Authority for further action.
The SIU would like to thank the Asset Forfeiture Unit for collaborating with us and obtaining the preservation from the High Court.
The preservation order granted by the High Court is a continuation of the implementation of the SIU investigation outcomes and consequence management to recover assets and financial losses suffered by State institutions and/or to prevent further losses.
Source: Government of South Africa