QUANTUM, E198 900 POCA SEIZURE

MBABANE – An alleged dagga dealer, Kwanele Maphosa, whose bank account was once credited with over E1 million, has become the latest causality of POCA.

This comes after the Crown obtained an order to preserve his money amounting to E198 900 and a Toyota Quantum, believed to be proceeds of crime in terms of the Prevention of Corruption Act (POCA). The sum of E198 900 was found by the police at the back seat of his motor vehicle at the Ngwenya Border Gate and it was in a mustard plastic bag. Kwanele of Nginamadvolo, who is a public transport operator, also reportedly raised eyebrows when he purchased the white Toyota Quantum at Leites Toyota- Mbabane where he paid over E470 000 cash.

Cash

In motivating the application to preserve the money and the Quantum, Crown Counsel Melusi Lukhele submitted that information that was given under oath showed that the sum of E198 900 was recovered at the back seat of a motor vehicle at the Ngwenya Border Gate. He narrated to the court that the driver of the motor vehicle, who was the possessor of the cash, had handed over to one Sibusiso Mahlalela, a security officer at the border gate, a gate pass indicating that he had nothing to declare at the point of entry.

According to the prosecutor, the cash was recovered through a routine exercise wherein motor vehicles entering the Kingdom of Eswatini were searched upon reaching the point of entry.  He told the court that if it was not for the search, the cash would have been illicitly smuggled into the Kingdom of Eswatini.
“The possessor of the cash who identified himself as Kwanele Charles Maphosa apologised for having failed to declare the cash when asked why he had not declared the cash since it was above E15 000. Kwanele gave the usual excuse given by most defaulters that he was not aware he was expected to declare the said cash,” submitted the prosecutor.

The prosecutor averred that several notices were placed at the border alerting travellers about the need to declare cash above the amount of E15 000, as such it could not be true that Kwanele was ignorant of the fact that he had to declare same. “The cash was counted and it amounted to E198 900. Kwanele is currently facing charges at the magistrates court being that of contravening the Money Launder and Financing of Terrorism ( Prevention ) Act,” submitted Lukhele. He went on to tell the court that Kwanele then recorded a statement explaining the source of the cash.

In his statement, Kwanele reportedly disclosed that the cash belonged to his brother Mlungisi Maphosa, who had requested him to bring it from Johannesburg. Kwanele further disclosed that he did not know the person who gave him the money in Johannesburg but was sent by his brother Mlungisi to collect same at a filing in Bernon. Lukhele told the court that Mlungisi was consulted on the matter and he allegedly confirmed the story by Kwanele to the effect that he asked him to collect the cash on his behalf from Bernon. Lukhele contended that the cash was not from a lawful source but proceeds of money laundering. He brought it to the attention of the court that in the year 2018, a suspicious transaction was received in respect of Kwanele.  

Investigations

“Financial investigations revealed that Kwanele had a pure save account with Standard Bank Eswatini wherein he received cash through money gram,”   submitted the prosecutor.   It was also Lukhele’s submission that Kwanele was also holding a super save account with First National Bank. Lukhele highlighted that statements in respect of the super save account were requested and it showed that the account had been running since 2015. The cash in the account, according to Lukhele, consisted of both cross border and local deposits.

“The account shows that in total from June 2015-2020 the account received an amount of E1 736 620. Monies in the account will be deposited and quickly withdrawn. Investigations reveal that Kwanele is involved in dagga dealing,” he argued. The prosecutor claimed that Kwanele prepared an affidavit in the year 2020 which reflected an admission of dagga dealing by him.

The Crown argued that Kwanele was involved in smuggling dagga and that he was once arrested in Botswana for alleged dagga dealing. The court was also told that Kwanele frequently travelled in and out of the Kingdom while there was no business he was conducting outside this jurisdiction. Lukhele submitted that Kwanele was currently running a transport business in the Kingdom of Eswatini.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: