Mpisane arrested for fraud

DURBAN 19102012 Shawn Mpisane , Pinetown Mag Court. PICTURE: Jacques Naude

DURBAN 19102012 Shawn Mpisane , Pinetown Mag Court. PICTURE: Jacques Naude

Published Feb 7, 2013

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Durban - Durban businesswoman Shauwn Mpisane was arrested on Thursday on allegations of fraud, as police widened their hunt for R140 million in assets.

By arrangement, she reported on Thursday to the Anti-Corruption Task Team offices in the John Ross building, Margaret Mngadi (Victoria Embankment).

Her fingerprints were taken and police said she was read her rights.

She was expected to appear in the Commercial Crimes Court, where police were expected to oppose bail.

It has also been learnt that the Asset Forfeiture Unit (AFU) is eyeing four more luxury properties belonging to Mpisane and her husband, S’bu, which are held in a family trust.

The unit has also become aware of three plots of land in Hillcrest.

It has been alleged that Mpisane was awarded more than R140m worth of government tenders after supplying false information to the Construction Industry Development Board (CIDB).

On Wednesday, the Mpisanes’ R80m La Lucia home, 25 luxury vehicles and 35 work vehicles were seized by the AFU.

A source said on Thursday, that the Mkhimpi Family Trust documents were in possession of the AFU investigators.

They were in the process of calculating the value of the assets and establishing who the beneficiaries were in the trust, he said.

Four properties, valued at more than R30m, were held in the trust, the source said.

The properties are in Zinkwazi, Ifafa Beach, La Mercy and uMhlanga.

The couple’s business, Zikhulise Auto Restorers, operates from the uMhlanga Ridge property – Sandringham Court.

The ownership of three vacant plots in an upmarket Hillcrest estate, were also being investigated by the AFU, the source said.

A document in possession of the Daily News, reveals the trustees of the Mkhimpi Family Trust as Wiseman Sibusiso Mpisane, Mabongi Flora-Junior Mpisane and Ntombifikile Phyllis Chiliza.

It shows that the Mpisanes are married in community of property while Chiliza is unmarried.

The trust bought the Sandringham property from Ernest Parthab Singh and Yvonne Singh, on May 2007. The 1 252m2 property was purchased for R8.5 million.

Singh confirmed he had sold the property to the Mkhimpi Trust.

According to a court application, the asset forfeiture order was granted on January 31 against the Mpisanes and their companies: Zikhulise Cleaning, Maintenance and Transport CC (which operates in Silverglen) and Zikhulise Auto Restorers (in Sandringham Court, uMhlanga Ridge).

The couple have until February 28 to file replying affidavits as to why the order should not be made final.

According to the order, all property and gifts, which were made or received by the Mpisanes, before or after the order was granted, be attached.

The order prohibits the Mpisanes from dealing in any manner with property or from alienating, encumbering, dissipating or diminishing its value in any way, without the authorisation of the curator, Trevor White of PwC.

It also orders that any person who had in their possession any document pertaining to ownership of property by the Mpisanes, hand it over to White.

The order allows White to take into possession and control all property belonging to the Mpisanes.

The curator will also have power and authority to any shareholding held by the Mpisanes in any close corporation and to deal with any funds in the bank accounts.

The Mpisanes will also have to rely on White to pay all their expenses related to their property.

If no liquid assets are available to pay the expenses, White has the authority to sell off the Mpisanes’ assets.

All documents, data and computer software and hardware, that could contain information about more properties, can also be inspected, copied and analysed by White.

The order states that all local and financial institutions, locally and abroad, that are suspected to be holding monies, interests or assets, would be recovered.

The Mpisanes hold six accounts with Standard Bank and Nedbank.

White had until February 26 to file a report with the court, setting out all the steps he had taken to effect the order.

The Mpisanes’ clothing, bedding, ordinary household furniture, kitchen appliances and utensils, have been excluded from the order.

The Registrar of Deeds in Pietermaritzburg has also been directed to endorse the title deeds of immovable properties.

This is to prevent the properties from being mortgaged, attached or sold in execution.

Among the 60 vehicles listed on the schedule, are a Ferrari, two Rolls Royce Phantom, two Porsche, a Mercedes-Benz, BMW, two Hummers, Maserati, various 4x4 bakkies, and two Lamborghini.

The order states that all property including cash, jewellery, personal effects, equipment and machinery be seized to satisfy the confiscation amount of R140 122 734.21.

Daily News

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