Asset Forfeiture Unit granted restraint order by PE High Court: State versus Sibongile Mayana

The Port Elizabeth High Court, granted National Prosecuting Authority a restraint order today, 24 June 2014. This follows a Preservation Order that was granted to the latter on 27 May 2014 where a Mitsubishi Kombi purchased on 18 February 2008, was forfeited from Mrs Sibongile Mayana of Kwa-Magxaki to the State and ordered that it be registered in the name of Khanyisa School for the blind. The kombi was registered in the name of Mrs Mayana, who did not oppose its forfeiture.

The court papers reveal that during the tenure of Mrs Mayana as principal of the school in 2008, the Nelson Mandela Metropolitan Municipality donated R100 000 to purchase a mini bus for transportation of pupils. The Kombi was on sale for R79 950 but Mrs Mayana requested the dealer to increase it to R89 950 which was done. One of the school’s drivers presented a signed blank cheque to the Algoa Park dealership and was handed back change of R9 000.

On arrival at the school, the driver received R4 500 and the other R4 500 Mrs Mayana pocketed. The Kombi was registered in the name of Mrs Mayana instead of the school. This amounts to fraud and theft which resulted in the Kombi being regarded as proceeds of theft, hence the forfeiture proceedings.

The NPA would like to emphasise that it will continue to take strong action against those who are guilty of criminal activities to make sure that crime never pays especially where greed and self-enrichment are involved. The forfeiture order granted reinforces NPA’s commitment in dislodging illicitly derived benefits.

Enquiries:
Nathi Mncube, NPA Spokesperson
Cell: 084 814 8364
E-mail: media@npa.gov.za

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