Court bid to put Komani attorney’s assets on ice

THE prosecuting authority is seeking to provisionally freeze all assets belonging to Komani attorney Mzwandile Bobotyana, accused of defrauding a client out of R2.1-million.

According to court papers, the National Director of Public Prosecutions (NDPP) wants the order pending finalisation of confiscation and criminal proceedings against Bobotyana.

Bobotyana, 51, faces criminal charges of defrauding businessman Afzal Mohammad out of R2.1-million in an illicit house sale.

According to court papers, his assets should in the meantime be surrendered and placed under the control of a curator.

Assets listed include property in NU3 Mdantsane, Ukhozi Crescent in East London and three vehicles, as well as shares or equity in four other luxury vehicles.

East London deputy DPP Nicole Peters, who is attached to the Asset Forfeiture Unit, said in an affidavit that there were reasonable grounds to believe that Bobotyana’s assets would be confiscated in due course.

The house sale Bobotyana is alleged to have fraudulently conducted is for an historic Lady Frere home belonging to Barbara Canady-Masimini, the widow of late Transkei homeland politician Ngqondi Lesley Masimini.

In 2007, Canady-Masimini appointed Bobotyana’s firm of attorneys to deal with her late husband’s assets, including the house. In 2015 she revoked his power of attorney.

Peters says that despite this Bobotyana sought to sell the property to an unsuspecting Mohammad for R2.1-million. Mohammad had paid the full amount but the transfer never took place.

Bobotyana had reportedly promised to pay back the money, which he claimed was in a 32-day call account. But, a disbelieving Mohammad had reported the matter to the police.

An analysis of Bobotyana’s firm account showed that the day before Mohammad had deposited the massive amount it had just R27 in it.

Within days of receiving the money from Mohammed he paid R40 000 toWesbank for his cars and R13 000 to a relative, and took about R200 000 cash from the account.

He forked out a further R1.8-million in internet payments to various unknown entities.

By the end of August his firm’s trust account was back down to R81. An attorney’s trust account is by law only to be used to hold funds in trust on behalf of clients.

Peters says it is clear that Bobotyana benefited to the tune of R2.1million from the unlawful activities.

Bobotyana’s criminal trial is reportedly set to proceed on March 30.

Attorney for the NDPP Marius Wolmarans yesterday said the provisional restraint order had been postponed to February 7 for argument.