Investigators from the Asset Forfeiture Unit (AFU) of the National Prosecuting Authority (NPA) have seized assets worth R11 million belonging to a corrupt Eskom employee.
Mosia Barnard Moraka and Victor Vilosi Tshabalala were convicted of fraud totalling some R34.9 million in the Specialised Commercial Crimes Court on 15 September 2021.
Both suspects pleaded guilty to the charges and were convicted. They will be sentenced on 3 February 2022.
On Tuesday, a court-appointed curator, sheriffs of the court, the Hawks, and AFU investigators executed a provisional restraint order on fixed properties in Roodepoort, Cosmo City and Springs.
The order to restrain more than R11 million worth of assets was granted on 9 November 2021 by the South Gauteng High Court.
The assets identified in the restraint order included immovable properties linked to both the accused as well as 32 vehicles registered to the entity Megra Transport CC.
The vehicles restrained include high-value heavy load vehicles which were used in the business of Megra Transport CC.
Shortly after the restraint order was granted, authorities discovered three agricultural holdings in Springs linked to a trust belonging to Tshabalala.
The total estimated value of these agricultural holdings is R1.8 million and the investigations are ongoing to trace further assets.
The fraud was uncovered by Eskom’s forensic investigators after a whistleblower’s report about alleged corruption between Eskom employees and a service provider, namely Megra Transport CC.
The investigations revealed that Moraka, whilst employed as a Financial Controller at Primary Energy at Eskom, colluded with Tshabalala who was the sole member of Megra Transport CC.
This entity had an agreement with Eskom for the delivery of coal to certain mines.
Moraka colluded with Tshabalala to create fictitious invoices for the payment of a route that was not covered in terms of the agreement between Eskom and Megra Transport CC.
He then submitted these fictitious invoices to Eskom for payment. Eskom suffered a loss of approximately R35 million as a result of these fraudulent activities.
The AFU plans to institute a confiscation enquiry to recover the stolen funds.
AFU Head Adv Ouma Rabaji-Rasethaba said that criminals will not be allowed to hold onto their ill-gotten gains. “Property that is proceeds of crime or equating the benefit derived from crime will be seized,” said Rabaji-Rasethaba.
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