Mpisanes lose bid to regain assets

2013-10-15 00:00

DURBAN high-flyers Shauwn and Sbu Mpisane have lost their bid to regain control of R70,5 million of their assets under restraint by the Asset Forfeiture Unit.

In a reserved judgment handed down yesterday, Judge Sharmaine Balton confirmed a court order obtained by the National Director of Public Prosecutions (NDPP) placing the couple’s assets valued at R70 595 746 under restraint in terms of the Prevention of Organised Crime Act.

The couple had lodged a counter-claim to discharge the original court order granted on January 31.

The Mpisanes’ legal team had argued that the restraint order should be lifted on various grounds, such as the NDPP’s failure to disclose material facts in the original application that had been brought without prior notice to the Mpisanes.

They complained that the NDPP had “overstated” the extent to which the couple allegedly benefited from crime by including a Clairwood Hospital tender that had been cancelled.

Judge Balton said it was well established law that when an application was brought ex parte (without notice), the party bringing it had to be “ultra scrupulous” in disclosing facts that might influence a court’s decision.

She noted her disapproval that the NDPP did not indicate in this case that the Clairwood Hospital tender had been cancelled, but found that even if this happened, the court would still have granted the order.

Balton found the “evidence on paper” shows there are reasonable grounds to believe that Shauwn and her company Zikhulise Cleaning Maintenance and Transport CC may be convicted of the criminal charges they face — 53 counts of fraud, forgery and uttering.

She said the trial court will decide if they are guilty, whether they’d actually benefited from their crimes and whether a confiscation order should be made. She rejected claims that the NDPP’s application was mala fide (malicious).

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions. publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24


Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.