POCA: HOUSE ON ESWATINI NATION LAND TO BE AUCTIONED

MBABANE – For the first time since POCA came into force, a house situated on Eswatini Nation Land (ENL) will be sold by public auction next Wednesday.  

The sale comes after the court was convinced that same was constructed through ill-gotten gains. The reserve price of the house, which consists of a lounge, kitchen, dining room, double garage, three bathrooms, four bedrooms and a pantry, is E450 000. The sale is subject to the royal kraal kukhonta process requirements. Before the inception of the Prevention of Organised Crimes Act (POCA) of 2018, people involved in illicit dealings preferred to build houses on ENL to avoid having their properties attached and sold by public auction in the event there was a court order against that individual. The advent of POCA brought about changes as this piece of legislation empowers the Crown to have immovable property situated on ENLand forfeited to it.

Property

Section 47 of the POCA stipulates that, where the property against which a preservation or forfeiture application is made is on Eswatini Nation Land, the High Court may, on the application by the director of public prosecutions (DPP), subject to consultation with the committee, make an order, as may be appropriate to benefit the community where that property is situated or for the destruction or sale of that property. Subject to consultation with the recovery committee, the house can be sold to recover the money that had been stolen. The four-bedroom house, which is situated at Mlindazwe in Ezulwini, will be sold by public auction by Eswatini Auctioneers (Pty) Limited on the instruction of the Assets Recovery Committee.  The house belongs to a former accountant of SibaneSami Hotel, who allegedly defrauded her employer a sum of E2.8 million.

Simangele Shongwe’s property was found to be proceeds of crime in that she could not reasonably afford to finance her lifestyle from her salary, especially because she had no other source of income. She earned E6 500 net and a gross salary of E8 000 per month. Shongwe is currently out on bail after being arrested for allegedly defrauding the hotel a sum of E2 839 018.10. She was arrested on February 28, 2019 and the criminal matter is pending in court. She allegedly committed the offence by submitting her own bank account held with the First National Bank (FNB) as belonging to various creditors and suppliers due for payment by her employer. The money, which the hotel believed to have been paid to its creditors, was actually deposited into Shongwe’s bank account.  On the same day of the sale, a plot, Lot 1298, Mahwalala Extension 1, Hilltop, Mbabane, will also be sold by public auction. Developments on the property consist of an old brick structure. The plot is approximately 500 square metres. The reserve price is E100 000.  

Defrauding

The aforementioned property belongs to a banker, who also stands accused of defrauding her employer about E500 000. There are a number of houses in northern Hhohho, which were seized under POCA and most of those matters are still pending at the High Court as the owners are opposing the application to have them forfeited to  government.  Most of the owners of the immovable properties are alleged dagga dealers. Also to be sold are movables, which include household items like queen beds, lounge suites, bedroom suites and water tanks. POCA was put in place in 2018 and since its inception, the State has seized and subsequently forfeited a number of assets that are believed to have been acquired through criminal activities or used as instrumentality for criminal activities. The Act came into operation on June 6, 2018.

The money that will be generated from the sale of the assets will be deposited into the Criminal Assets Recovery Account, established under Section 65 of the POCA, held at the Central Bank of Eswatini (CBE). A majority of those who have been casualties of this Act include those who had been involved in several organised crimes, including fraud, armed robberies and drug trafficking, to mention a few.

Auction

The Assets Recovery Committee, with the assistance of Eswatini Public Procurement Regulatory Agency (ESPPRA) underwent a process to outsource disposal service through public auction.  As per the notice of intention to award that was published, Eswatini Auctioneers (Pty) Ltd emerged a successful tenderer for the services. This is the second sale of assets that had been seized using POCA as on October 17, 2022, immovable, which included trucks, mini trucks, bakkies and sedans were sold by public auction.  Some of the assets that were sold belonged to former employees of the Office of the Master of the High Court, who were arrested for allegedly stealing an amount of over E900 000 from different estates. The duo is alleged to have also stolen a sum of E682 778.85 belonging to the estate of the late Patrick Baan Sihlongonyane.

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