Times Of Swaziland: QHAWE WANTS HIS SEIZED  PROPERTIES, E3.5M BACK

QHAWE WANTS HIS SEIZED  PROPERTIES, E3.5M BACK
================================================================================
BY MBONGISENI NDZIMANDZE on 31/10/2017 09:07:00


MBABANE – Channel S boss Qhawe Mamba wants his millions and other properties
that were seized by the State back.
Some of the properties which Mamba is demanding that they be  released back to
him include over E3.5 million cash, which is held in different bank accounts
which were frozen, 18 cars, mobile studio, four transmitters and two pieces of
land situated in the Lubombo Region. These items were taken in connection with
the Channel S Club case. He has since taken government and the banks where his
monies are held to court. The Channel S boss wants the court to compel
government and the banks to return all items that were seized from him on the
basis of a court order that was issued on May 28, 2010, following his subsequent
acquittal and discharge on some of the charges he was facing. Respondents in the
matter are PriceWaterHouse Coopers Advisory Service, Director of Public
Prosecutions(DPP), The Central Bank of Swaziland, Nedbank Swaziland (PTY)
Limited, First National Bank (FNB), Standard Bank Swaziland and the National
Commissioner of Police. On May 28, 2010, High Court Judge Bheki Maphalala (as he
was then) interdicted and restrained the respondents from disposing, alienating
and or dealing in whatsoever manner with the properties belonging to Mamba and
his companies.
PriceWaterhouseCoopers Advisory Service was further appointed and directed to
act as trustee by collecting rentals and maintenance of Mamba’s properties. In
his application filed by his attorney Leo Ndvuna Dlamini from Nkosi Attorneys in
Manzini, Mamba argued that he was the lawful owner of the properties. Other
applicants in the matter are Ultimate Production (PTY) Limited, trading as
Channel S and Jouz (PTY) Limited. In his founding affidavit, Mamba stated that
the court had jurisdiction to hear his matter by virtue of the fact that it
arose with its jurisdiction. Giving a brief background of the matter, the
Channel S boss mentioned that on May 28, 2010, before Justice Maphalala, a court
order was obtained against him, wherein his property was seized and disposed
under the custody of the respondents. He alleged that according to the court
order, the properties were seized and disposed, pending finalisation of his
case. He pointed out that this was done in terms of Section Three of the Serious
Offences (Confiscation of Proceeds) Act 2001. According to the applicant (Mamba)
this order was obtained following the criminal trial. He went on to inform the
court that following the criminal trial, he was then acquitted and discharged in
count one, two, three, four and five in the case of the King Vs Qhawe Mamba and
others. “It is verily submitted that all exhibits in the court order stated
were confiscated and we never returned to me after I was acquitted and
discharged,” submitted Mamba.
He averred that as a lawful owner, he was entitled to the return of these
exhibits in terms of Section 52 of the Criminal Procedure and Evidence (CP&E)
Act 1938, as amended in terms of Section three of Confiscation of Proceeds Act
2001. Section 52 of the CP&E provides that: “If at the conclusion of a summary
trial or if the Director of Public Prosecutions declines to prosecute, the
magistrate shall, in respect of the property or thing seized, make one of the
following orders: that the property or thing be restored to the person from whom
it was seized if that person satisfies the magistrate that he is lawful owner of
the property or thing or that he is lawfully in possession of the property or
thing. In the application which is still pending, Mamba averred that he was the
lawful owner of the properties and the money, and they should be release back to
him. Some of the items Mamba wants released back to him are all equipment and/or
housed in motor vehicle Mercedes Benz SD 180 PG, Model 2000 and description, bus
which among others include the following: on air computers, vision mixer and
cameras, the totality of which, is commonly known as mobile studio.
The four transmitters which the Channel S boss wants back are situated at
Ntondozi area next to Swaziland Electricity Company, Hlathikhulu, Bhambham
Mountain, Siteki and one that was once situated at Kelly area, Mbabane then
moved to Emvakwelitje.