AFU granted a final Forfeiture order worth R53 million to forfeit government land that was unlawfully transferred to private entities and individuals

7 May 2024

The Pretoria Asset Forfeiture Unit (AFU) of the National Prosecuting Authority was granted a final forfeiture order by the High Court of South Africa: Gauteng Division, Pretoria on 18 April 2024, to forfeit a cash amount of R12 million, representing the property described as 34 Beverley Agricultural Holdings, Registration Division JR, Province of Gauteng, measuring 2,0325 hectares, original Deed of Transfer T10792/1943, with current Deed of Transfer being T5688/2022 (“Erf 34 Beverley”) and Portion 296 (a portion of portion 259) of the Farm Zuurfontein 33, Registration Division IR, Province of Gauteng, measuring 8,2842 hectares, original Deed of Transfer T53055/1989, and current Deed of Transfer T21579/2020, (“Farm 33 Zuurfontein) worth R41 million.

The order follows an investigation by the SIU, which revealed that individuals and private entities jointly and severally, and with a common purpose, defrauded the Department of Rural Development and Land Reform (DRDLR) and the respective Deeds Registries in Vryburg, Johannesburg and Pretoria, by fraudulently transferring government property to individuals and private entities for their benefit, from January 2008 to February 2022. The SIU was, in terms of Proclamation R7 of 2014, as amended by Proclamation R 599 of 2015 and Proclamation R 32 of 2017, authorised by the President of South Africa to investigate allegations of corruption and maladministration relating to the transfer of government land to individuals and private entities.

This forfeiture order demonstrates the productive and professional working relationship that exists between the SIU, FIC, DPCI and the Asset Forfeiture Unit to strengthen its fight against corruption. Furthermore, the forfeiture order was granted under the implementation of Chapter 6 of POCA, which is a non-conviction-based approach to asset recovery. This means that the AFU will not always wait for prosecution and conviction to occur before taking away suspected proceeds of crime, as is the case with the traditional approach of Chapter 5 of the Act. However, a criminal case was registered with the Directorate of Priority Crime Investigations (DPCI) and investigations are ongoing.

The head of AFU, Deputy National Director of Public Prosecutions Advocate Rabaji-Rasethaba welcomes the forfeiture order and wants to emphasise that the NPA will always ensure that crime does not pay, and criminals are not going to be allowed to hold on to their ill-gotten gains.

Issued by Lumka Mahanjana, NPA Regional Spokesperson, Gauteng Division: Pretoria, 7 May 2024