Luxury Homestead could be Seized if He's Charged |
Publication | Saturday Argus |
Date |
2005-06-04 |
Reporter |
Bheko Madlala, |
Web Link |
Embattled Deputy President Jacob Zuma could lose his expensive traditional homestead in Inkandla, in northern KwaZulu-Natal, should the National Prosecuting Authority decide to charge him.
This is according to a Durban legal expert in asset forfeiture who prefers to remain anonymous.
The expert made the comments just hours after Judge Hilary Squires found Durban businessman Schabir Shaik guilty on two counts of corruption and one of fraud, paving a way for the Asset Forfeiture Unit to move in and seize his assets which are "the proceeds of crime *1".
"The Asset Forfeiture Unit would seize the assets which were of benefit to him. In other words, this means they will freeze assets which he got as a result of the corrupt relationship he had with the Deputy President Jacob Zuma." said the source.
"While the unit can not seize Zuma's expensive home in Inkandla at present because it was a cost to Shaik, once the deputy president is charged, he might lose his homestead as it might be frozen as an asset."
Head of the prosecution team Billy Downer, SC, said the Asset Forfeiture Unit spent the better part of yesterday negotiating with Shaik's lawyers about seizing his assets.
The head of the unit, Willie Hofmyer, also confirmed that the unit was preparing to apply for a confiscation order in court. He said the unit was taking all precautionary measures to ensure that convicted fraudster Shaik did not in anyway "tamper" with his assets.
"Once we have made the application, there will be a hearing where we will determine the benefits that he received from his crimes, and once that has been determined an order for him to pay the benefit over to the state will be made."
"The assets were not frozen because we did not think he was a huge risk. He was also very confident of winning the case," said the source.
Judge Squires found Shaik guilty on corruption along with his companies Nkobi Holdings, Nkobi Investments, Kobifin, Kobitech, Proconsult, Pro Con Africa, Kobitech Transport Systems, Clegton and Floryn Investments.
Shaik was also found guilty of fraud along with his companies Kobifin, Pro Con Africa, Clegton and Floryn Investments. Kobifin and Kobitech were found guilty of money laundering.
National Prosecuting Authority spokesman Makhosini Nkosi said an application for the seizure of some of Shaik's assets was being formalised.
"It is yet to be determined whether Deputy President Zuma's home would also be seized. But, guided by the Prevention of Organised Crime Act, the AFU is focussing only at the accused, Mr Shaik, at the moment," said Nkosi.
With acknowledgements to Bheko Madlala, Zulile Majova and the Saturday Argus.
*1 Crime does pay, but often only temporarily.
Crime includes perjury, crimen injuria, defeating the ends of justice, certain contempts of court, certain cases of destruction of official records and information and maybe even certain failures in respect of important statues like the Constitution Act of 1996.
These crimes pay even less than fraud, corruption and bribery.
An interesting question of law : Are pre-paid rounds with Robin lawful or otherwise?