AFU seizes properties, bank accounts worth millions from ex-DRC defence attaché

The National Prosecuting Authority’s (NPA) Asset Forfeiture Unit (AFU) has obtained an order for more than R43 million to preserve four properties and two bank accounts of former Brigadier Ngoy Timothee Makwamba, who was assigned by the Democratic Republic of the Congo (DRC) as a defence attaché to South Africa.

The NPA said the matter concerns a deal in which a criminal case of fraud and theft was opened by the DRC against Ngoy following the purchase of weapons from the Denel Group.

Denel received R49.6 million from the DRC embassy, but it could not process the order and arranged to pay back the money to the DRC embassy.

Preservation order

Ngoy is alleged to have siphoned the money to members of his family.

NPA regional spokesperson Lumka Mahanjana said a preservation order for the assets of more than R43 million was obtained at the Gauteng Division of the High Court in Pretoria on 11 March 2024.

“After obtaining the preservation order, on 02 April 2024, the Sheriff accompanied by the Curator Bonis as well as representatives of AFU attended to the four properties to serve the preservation. The four properties are now placed under the control of Curator Bonis.

“The next step is to apply for the final forfeiture order. After obtaining the final forfeiture order the properties will be sold at a public auction and the money returned to the DRC,” Mahanjana said.

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No arrest

Mahanjana said Ngoy had not been arrested and the investigation was continuing.

“This preservation order is part of the implementation of the Asset Forfeiture Unit’s asset recovery strategy to claim the proceeds of crime back to the state.

“The overall national anti-corruption strategy of law enforcement agencies was to strengthen the fight against corruption by pursuing both civil and criminal processes to ensure that impunity was no longer an option,” she said.

The following properties and bank accounts were preserved and frozen:

• A Nedbank account with a balance of R35 million in the name of The Defence Office of the Democratic Republic of Congo Embassy.
• A Nedbank Investment account, also in the name of The Defence Office Democratic Republic Congo Embassy, with R224,000 in the account.
• A property in the Centurion Golf Estate, Gauteng, held in the name of Ngoy Timothee Makwamba.
• A property known as The Falcons in Kilberry, Pretoria, held in the names of his children.
• A Northcliff, Johannesburg, property registered in the name of Bokomo Bokondo; and
• A property in Pretoria registered in the names of Mr Eustache Monga and Ms Nkulu Julie Kilumba.

Contract

Mahanjana said in December 2022, the DRC government terminated Ngoy’s contract, and he was no longer mandated to represent the country.

“Instead, Brigadier Ngoy fraudulently and unlawfully represented himself to Denel as the delegated representative of DRC.”

Mahanjana said Ngoy was still a signatory to the DRC’s defence account and had the authority to instruct Denel where to send the refund payment.

“Ngoy then allegedly provided Denel with the details of Johan van Heerden Attorneys’ bank account, into which the Denel Group paid the R49.6 million refund on 13 April 2023.

“Once Johan van Heerden Attorneys received the funds, the funds were then transferred to the bank accounts listed above. The money in these accounts was then used to purchase properties listed above, which were then registered under his and his children’s names and other persons from the DRC,” Mahanjana said.

According to Mahanjana, further investigations by the Financial Intelligence Centre revealed the flow of funds, resulting in the identification of the two bank accounts.

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