THE money allegedly used by a top National Prosecuting Authority official and suspended head of the Mpumalanga Department for Human Settlements Kebone Masange to allegedly bribe a top prosecutor could soon be forfeited to the state.
National Director of Public Prosecutions (NDPP) Shamila Batohi applied for and was granted a preservation of property order in terms of section 38 of the Prevention of Organised Crime Act (Poca) by the North Gauteng High Court regarding the R33 000.
”An amount of R33 000 held in the SA Police Service suspense account with reference number PTA CENTRAL 744/03/2021. This notice is addressed to Kebone Masange, who resides at the Shandon Estate, Mbombela, Mpumalanga and Matric Luphondo who resides at the Zambezi Country Estate, Montana, Pretoria,” reads the order.
The order was granted by Acting Judge Kganki Phahlamohlaka, and was published in the Government Gazette on November 19.
Luphondo, formerly the acting deputy director of public prosecutions in Mpumalanga, was arrested in March this year after he allegedly approached the prosecutor in Masange’s case and allegedly offered him an 18-year-old bottle of Glenfiddich whiskey, valued at R1 550, and R5 000 in cash to make his (Masange’s) charges of fraud, possession of fraudulent documents and contravening the Immigration Act disappear.
Luphondo then allegedly promised the prosecutor more and a few days later Hawks officer Lieutenant Colonel Ayanda Plaatjie, who has since died, allegedly delivered another R28 000 in cash to the prosecutor.
Masange was born in Zimbabwe and was arrested in September last year after it emerged that he had allegedly falsified his documents.
Mpumalanga premier Refilwe Mtshweni-Tsipane later placed Masange on special leave.
Luphondo, Masange and Plaatjie were released on R20 000 bail by the Pretoria Magistrate's Court.
In terms of Poca, the NDPP can launch an ex parte (decided by a judge without requiring all of the parties to the dispute to be present) application to seek an order prohibiting any person, subject to such conditions and exceptions as may be specified in the order, from dealing in any manner with any property.
The high court is then required to make the order if there are reasonable grounds to believe that the property concerned is an instrumentality in the commission of various offences or is the proceeds of unlawful activities.
When making the preservation of property order, the court may make any ancillary orders it considers appropriate for the proper, fair and effective execution of the order including an order authorising the seizure of the property concerned by a police officer.
Parties with an interest in the R33 000 have been told that they should understand that it is now at risk and are advised to obtain legal advice on whether their interest can be protected and, if so, on how to protect it.
Batohi will apply for a forfeiture order within 90 days of publication of the notice and the preservation order will remain in force until the application for a forfeiture order is finalised.
Luphondo was among the candidates interviewed for the NPA’s top job but was unsuccessful as Batohi was appointed.
Political Bureau