NPA RECEIVED PRESERVATION ORDER OF VACANT LAND VALUED R3,1 MILLION.
The High Court in Pretoria granted a preservation order in favour of the state (AFU Limpopo), in relation to the vacant land obtained fraudulently by the Former Regional Head of the Department of Human Settlement in Gauteng, Linda Nqcobo. This matter falls under Sweetwaters Kanana Extension6, and it has been consolidated with Lepelle Northern Water case in connection with Lesedi Technical Engineering (LTE) and Khato Civils being service providers in both cases. The LTE and Khato Civils belong to Thulani Majola and Simbi Phiri respectively.
The LTE was appointed in 2009 to provide engineering and design services on the Sweetwaters project. However, in February 2014 when the relevant services were required to construct a sewer plant system for Sweetwaters, the Bid Adjudication Committee (BAC) took a decision to appoint LTE on a turnkey basis to provide the said services. The BAC took such decision knowing very well that LTE did not register at the department’s construction services database. During the period, there was no tender process followed as the LTE was appointed on an emergency basis, when in effect, no such emergency existed. The department was grossly negligent in the way they appointed LTE for this project. Furthermore, the Construction Industry Development Board was irregular. Despite aforesaid irregularities, on 11 February 2014, the BAC made recommendations to the head of department Margareth-Ann Diedericks, to appoint LTE for installation of internal reticulation of water and sewer on a turnkey solution. Therefore, Diedericks signed the first provisional letter on 13 February 2014 appointing LTE, to the value of R199 791 612.00 and later signed the second letter dated 09 May 2014, appointing the same service provider to provide water and reticulation services, to the value of R108 300 000.00
Linda Nqcobo, as member of the BAC, received gratification from Khato Civils in a form of a vacant land situated at Waterfall Country Estate, Erf 3303, Jukskei View, X105 Midrand in Gauteng. Khato Civils paid an amount of R2 138 200.00 to Linda’s lawyers and the attorneys confirmed same. She then registered the land under Nzitha Trust for the benefit of her children, with the purpose of hiding these proceeds of crime. As a result, the vacant land was preserved and today the land is worth R3,1 million. More investigations continue in this matter.
The preservation order was obtained because of excellent co-operation between the NPA and the Special Investigating Unit (SIU). This case reinforces law enforcement’s commitment by ensuring that no person should benefit from the proceeds of crime.
The NPA and SIU welcome the preservation order, and Asset Forfeiture remains an effective law enforcement mechanism to ensure that crime does not pay.
