“The AFU [Asset Forfeiture Unit] and the respondents have… agreed to the rescission of the restraint order and, therefore, the release of the restrained assets,” spokesman Nathi Mncube said in a statement.
“The parties have further agreed that the Mpisanes will not dissipate the value of their estate to a value of less than the R70 million that had been restrained.”
In February 2012, the NPA obtained a freezing order to the value of R70 million in respect of the Mpisanes’ property and several business entities.
Mncube said the Mpisanes launched an application to rescind the freezing order following the dropping of fraud charges against Shauwn Mpisane.
Mpisane and her company, Zikhulise Cleaning, Maintenance, and Transport CC, had been accused of inflating suppliers’ invoices by R4.7 million in an attempt to cut the tax bill. She was also accused of violating the Close Corporations Act by remaining Zikhulise’s sole member when she had a previous fraud conviction.
She was acquitted of the charges after Nxasana made the decision to stop prosecution in terms of Section 6(b) of the Criminal Procedures Act.
Mncube said a freezing order was dependent on either a pending prosecution or a clear indication that a prosecution would be instituted.
“It is therefore not possible for the NPA to oppose the application to rescind the order effectively, and it has therefore had to decide not to oppose the application,” he said.