MBABANE – The businessman and his wife, whose property was seized by the State through proceedings under the Prevention of Organised Crime Act (POCA) of 2018, have been charged with the theft of E2.3 million at Pick Yours Supermarket.
The wife, Sebenele Shakoane (33) was employed at the supermarket as chief cashier. Muntu Matsebula and Shakoane were arrested around 4am on Friday. Yesterday they appeared at Buhleni Magistrates Court, where they were remanded in custody.
According to the charge sheet, Shakoane faces charges of theft and fraud, while together with her husband, they are charged with contravening provisions of the Money Laundering and Financing of Terrorism (Prevention) Act of 2011, as amended.
The charges relate to alleged transactions involving Khabo Investment, trading as Pick Yours Supermarket, during the period between April 2022 and July 2024.
The charge sheet states that Shakoane was employed by the supermarket as chief cashier and was responsible for daily cash-ups, uploading cash and Speed Point totals for each cashier into the system and creating individual cashier cash-up reports.
In the first count, Shakoane is accused of theft involving E1 325 801.98 in cash. The prosecution alleges that between April 2022 and July 2024, at Buhleni in the Hhohho Region, Shakoane, while employed as Chief Cashier, stole the money.
The charge sheet states that the money was the property of Khabo Investment trading as Pick Yours Supermarket and/or Khanya Ndlovu.
The second count accuses Shakoane of fraud involving E977 288.01. According to the charge sheet, she was entrusted with the operation, supervision and reconciliation of the company’s Speed Point devices.
The prosecution alleges that during the same period and in the same area, Shakoane, with intent to defraud the supermarket, used its First National Bank and Standard Bank speed point devices to process fraudulent transactions. She is further accused of manipulating end-of-day reconciliations to conceal shortfalls on the speed point transactions. The charge sheet states that Shakoane knew that the transactions were not authentic when she made the alleged representations.
It states that through the alleged conduct, she induced Khabo Investment, trading as Pick Yours Supermarket, to part with E977 288.01.
The third count is against both Shakoane and Matsebula. They are accused of contravening the Money Laundering and Financing of Terrorism (Prevention) Act of 2011, as amended. According to charge sheet, between April 2022 and July 2024, at places unknown to the prosecution, the couple allegedly acted jointly in furtherance of a common purpose to acquire, possess or use property knowing or having reason to believe that it was derived directly or indirectly from unlawful activity. The property referred to in the charge is E2 303 089.99, which the prosecution alleges was stolen from Khabo Investment trading as Pick Yours Supermarket.
The charge sheet further alleges that the couple concealed or disguised the true nature, origin, location, disposition or ownership of the money. The total amounts cited in the theft and fraud charges are E1 325 801.98 and E977 288.01 respectively, which together amount to E2 303 089.99. The charges come against the background of the couple’s ongoing court proceedings concerning property preserved by the State under POCA.
While they made their first appearance at the magistrates court in Buhleni yesterday, their attorney, Martin ‘Internash’ Dlamini, was at the High Court with an urgent application they filed on Friday in which they alleged torture at the hands of Pigg’s Peak police.
Judge Justice Mavuso declined to hear the urgent application on account of a directive of issued by the Chief Justice, Bheki Maphalala, which states that a judge deals with a matter that he or she is seized with, to completion.
The matter was referred to Judge Bonginkhosi Magagula, who previously heard a rescission application, which had been filed by the couple after the director of public prosecutions (DPP) had obtained an order to preserve, pending future proceedings for forfeiture of the property. The State suspected that the property was acquired through illegal means. The property seized under POCA include a navy Toyota LDV, a white Toyota Quantum, a grocery shop, eight rental bedsitters, a refrigerator and a television set.
Judge Magagula granted the rescission sought by the couple and ordered the release of the preserved property. However, the DPP filed an appeal in the Supreme Court, which is still pending.
After the DPP had filed the appeal, Matsebula and Shakoane approached Judge Magagula with an application to execute the order for the release of their property pending hearing of the appeal. Judge Magagula heard arguments and reserved judgment. While awaiting judgment before Judge Magagula, Matsebula and Shakoane were arrested.
In their urgent application, the couple seeks an immediate order interdicting police leadership and officers from assaulting, torturing or subjecting them to cruel or inhuman treatment.
The allegations stem from Matsebula’s affidavit, which notes an anonymous source heard Shakoane crying inside the CID offices in a manner consistent with assault.
“The sounds were consistent with her being subjected to assault or other inhuman treatment,” argued Matsebula. The veracity of these allegations is still to be tested in court. The respondents are yet to file their answering papers.
Matsebula stated the alleged mistreatment was believed to be ongoing and their attorney was not granted access to assess potential injuries.
The alleged denial of legal access is cited as a key reason for seeking urgent judicial intervention.
The couple requests that the High Court direct police to provide their legal team with immediate, unimpeded consultation access.
They also seek an order for examination by an independent medical practitioner, with results sent to their attorneys within 24 hours. Crown Counsel Brian Ngwenya, appearing for the DPP, told the court the couple’s application had been overtaken by events as they had already appeared in court. Tebesutfu Magagula from the attorney general’s chamber aligned herself with the DPP’s submissions.
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