Johannesburg - The High Court, Pretoria, granted a preservation order in favour of the state (AFU Limpopo) in relation to the vacant land obtained fraudulently by the Former Regional Head of the Department of Human Settlement in Gauteng, Linda Nqcobo.
According to National Prosecuting Authority (NPA) Regional spokesperson in Limpopo, Mashudu Malabi-Dzhangi, this matter falls under Sweetwaters Kanana Extension 6, and it has been consolidated with the Lepelle Northern Water case in connection with Lesedi Technical Engineering (LTE) and Khato Civils being service providers in both cases.
‘’The LTE and Khato Civils belong to Thulani Majola and Simbi Phiri, respectively, and the LTE was appointed in 2009 to provide engineering and design services on the Sweetwaters project.
‘’However, in February 2014, when the relevant services were required to construct a sewer plant system for Sweetwaters, the Bid Adjudication Committee (BAC) took a decision to appoint LTE on a turnkey basis to provide the said services.
‘’The BAC took such a decision knowing very well that LTE did not register in the department’s construction services database.’’
Malabi-Dzhangi said during the period, there was no tender process followed as the LTE was appointed on an emergency basis when, in effect, no such emergency existed. The department was grossly negligent in the way they appointed LTE for this project.
‘’The Construction Industry Development Board was irregular. Despite the aforesaid irregularities, on February 11, 2014, the BAC made recommendations to the head of department, Margareth-Ann Diedericks, to appoint LTE for the installation of internal reticulation of water and sewer on a turnkey solution.
‘’Therefore, Diedericks signed the first provisional letter on February 13, 2014, appointing LTE to the value of R199 791 612.00, and later signed the second letter dated May 9, 2014, appointing the same service provider to provide water and reticulation services, to the value of R108 300 000.00. Linda Nqcobo, as a member of the BAC, received gratification from Khato Civils in the form of vacant land situated at Waterfall Country Estate, Erf 3303, Jukskei View, X105 Midrand in Gauteng. Khato Civils paid an amount of R2 138 200.00 to Linda’s lawyers, and the attorneys confirmed the same.
‘’She then registered the land under the Nzitha Trust for the benefit of her children, with the purpose of hiding these proceeds of crime, and as a result, the vacant land was preserved, and today the land is worth R3 million.
‘’More investigations continue in this matter; the preservation order was obtained because of excellent cooperation between the NPA and the Special Investigating Unit (SIU).
‘’This case reinforces law enforcement’s commitment by ensuring that no person should benefit from the proceeds of crime. The NPA and SIU welcome the preservation order, and Asset Forfeiture remains an effective law enforcement mechanism to ensure that crime does not pay,’’ said Malabi-Dzhangi.
The Star