NPA haunts dead ANC MP over corruption

The family of Yolanda Botha, a former ANC MP who passed away from skin cancer in 2014, is involved in a legal battle with the National Prosecuting Authority (NPA), who want them to

Botha was involved in the awarding of R81 million worth of leases to Christo Scholtz’s Trifecta group of companies, in what the NPA has described as organised crime and money laundering on a grand scale.

In return, Trifecta allegedly paid for home renovations for Botha to the tune of R1.2 million, also giving her 10% shares in the company valued at R28 million.

These renovations were found by the NPA to be the proceeds of illegal activity in terms of the Prevention of Organised Crime Act, with what was meant to look like a loan agreement actually an attempt to cover-up payments which were actually rewards and incentives for Botha in return for the leases.

Botha, who was head of the social services and population development department of the Northern Cape at the time of the awarding of six leases in between December 2006 and August 2008, was paid R1.2 million in between January 2001 and April 2009, which was reportedly used to renovate her Kimberly home. Following the 2009 elections, she became an ANC MP, failing to declare the Trifecta payments as would be required by parliament.

She allegedly paid back some of the loan out of her pension fund in an attempt to cover-up the corruption, with a payment of R411,000 leading to the Supreme Court of Appeals (SCA) finding that the forfeiture of the entire property was disproportionate.

This led to the NPA taking two of Botha’s family members, the executrix of her estate, Gesiena Botha, and a trustee of her Jyba Investment Trust, Angelique Botha, to the Constitutional Court.

The NPA argues that Botha’s repayment of R411,000 is irrelevant as Botha’s entire property was the proceeds of illegal activity.

Botha’s family want only the renovations to be forfeited to the state, arguing that giving up the whole property would be disproportionately punitive.

Judge Mpho Mamosebo ordered the entire home as well as the Trifecta shares to be forfeited in the Northern Cape High Court in 2016.

In October 2018, however, the SCA upheld the family’s appeal and ordered Gesiena to pay back only R758,000.

In September, the NPA’s application to overturn this appeal will be heard at the Constitutional court.

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