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MBABANE – The sale of the house situated on Eswatini Nation Land has been the first-of-its-kind since POCA came into force.
The four-bedroom house, which is situated at Mlindazwe in Ezulwini, was sold by public auction by Eswatini Auctioneers (Pty) Limited on the instruction of the Assets Recovery Committee. The house belonged to a former accountant of SibaneSami Hotel, who allegedly defrauded her employer a sum of E2.8 million.
Simangele Shongwe’s property was found to be proceeds of crime in that she could not reasonably afford to finance her lifestyle from her salary, especially because she had no other source of income.
She earned E6 500 net and a gross salary of E8 000 per month. Shongwe is currently out on bail after being arrested for allegedly defrauding the hotel a sum of E2 839 018.10. She was arrested on February 28, 2019 and the criminal matter is pending in court.
Committed
She allegedly committed the offence by submitting her own bank account held with First National Bank (FNB) as belonging to various creditors and suppliers due for payment by her employer. The money, which the hotel believed to have been paid to its creditors, was actually deposited into Shongwe’s bank account.
The sale comes after the court was convinced that same was constructed through ill-gotten gains. The house consists of a lounge, kitchen, dining room, double garage, three bathrooms, four bedrooms and a pantry.
The sale is subject to the royal kraal kukhonta process requirements. Before the inception of the Prevention of Organised Crimes Act (POCA) of 2018, people involved in illicit dealings preferred to build houses on ENL to avoid having their properties attached and sold by public auction in the event there was a court order against that individual. The advent of POCA brought about changes as this piece of legislation empowers the Crown to have immovable property situated on ENL forfeited to it.
Application
Section 47 of the POCA stipulates that, where the property against which a preservation or forfeiture application is made is on Eswatini Nation Land, the High Court may, on the application by the director of public prosecutions (DPP), subject to consultation with the committee, make an order, as may be appropriate to benefit the community where that property is situated or for the destruction or sale of that property. Subject to consultation with the recovery committee, the house can be sold to recover the money that had been stolen.
On the same day of the sale (yesterday), a plot, Lot 1298, Mahwalala Extension 1, Hilltop, Mbabane, was also sold by public auction. Developments on the property consist of an old brick structure. The plot is approximately 500 square metres.
The aforementioned property belonged to a banker, who also stands accused of defrauding her employer about E500 000.
The money that had been generated from the sale of the assets will be deposited into the Criminal Assets Recovery Account, established under Section 65 of the POCA, held at the Central Bank of Eswatini (CBE). A majority of those who have been casualties of this Act include those who had been involved in several organised crimes, including fraud, armed robberies and drug trafficking, to mention a few.