THE Prevention of Organised Crime and Money Laundering Act (POCA) has caught up with two men accused of stealing airtime worth more than E10.2 million as property linked to the alleged crime is now frozen following an application by the Director of Public Prosecutions (DPP).
The preservation order, granted by Judge Justice Magagula, prohibits anyone with knowledge of the order from selling, transferring, pledging, disposing of, or otherwise dealing with the properties identified as allegedly connected to the suspected unlawful activities.
The two accused are Zwelihle Khumalo (37) of KaDlovunga and Ndabenhle Dludlu (29) of Ntondozi, who face four charges arising from an alleged scheme involving MTN’s virtual airtime allocation system. They face charges relating to the alleged theft of E10 257 000. The offences occurred between July, 2024 and January at MTN’s Ezulwini operations, according to the charge sheet.
They allegedly created, altered or added virtual airtime data to MTN’s system, allegedly resulting in a loss of about E2.055 million. The duo is also accused of unlawfully taking virtual cellphone credit worth E10.257 million from MTN.
Among the property preserved, as per the court order, is the remaining E33 000 worth of MTN airtime or credit.
The order also covers a grey Mazda CX-5, maroon Mazda seven-seater, brown Mazda Demio, navy blue Volvo, silver Honda Accord and Toyota Hilux van, cattle, a feedlot structure, a steel-frame gate and residential properties at Mbikwakhe, Ntondozi, Nyonyane and KaDlovunga.
The order forms part of the State’s efforts to preserve property pending the finalisation of forfeiture proceedings under POCA. If forfeiture is ultimately granted, the property could be forfeited to the State.
They also face a money-laundering charge relating to the alleged possession or use of money obtained through an offence, while knowing or having reason to believe that it was proceeds of crime.
The High Court order now places the identified assets under effective control of a police officer pending the outcome of the forfeiture proceedings.
The registrar of deeds was also directed to place restrictions on affected immovable properties, preventing them from being attached, sold, mortgaged or otherwise encumbered without the court’s permission.
However, the order allows financial obligations attached to the properties, including mortgage bonds, vehicle finance, rates, taxes, licences and utility bills to continue being paid.
Despite the order, Khumalo and his immediate family have also been allowed to continue occupying the one-bedroom house and rondavel at the Khumalo family homestead in KaDlovunga, provided the properties are properly maintained.
The preservation order does not itself amount to a final forfeiture. Therefore, interested persons have been given an opportunity to oppose the forfeiture or seek exclusion of their interests from any eventual forfeiture order.
Those specifically served with the notice have 21 calendar days from service to enter an appearance, while other interested parties have 21 days from publication of the notice in the Government Gazette.
The accused persons’ case is still pending in court.
The frozen items:
1. Mazda CX-5 SUV registered HSD 776 EM
2. Mazda 7-seater StationWagon registered NSD 708 CH
3. Mazda Demio registered FSD 991 EM
4. Property situate at Mbikwakhe area, Manzini District with 13 rooms
5. Remaining balance of E33 000 held with MTN Eswatini Mobile Money
6. 2x herd of cattle situate at Ntondozi Feedlot structure situate at Ntondozi
7. Steel frame gate
8. Two bedsitters situate at Nyonyane area, Ezulwini Valley
9. Volvo sedan
10. Honda Accord registered ISD 386 AM
11. Toyota Hilux van registered BSD 424 H
12. A rondavel and a one-bedroomhouse situate at a Khumalo Homestead,
KaDlovunga area, Shiselweni District.
