AN ALLEGED illegal miner is set to lose unlawfully acquired assets valued at over R10 million including R4.6m in cash and gold worth more than R5.5m following his arrest in November last year.
The zama-zama identified in court as Progress Bayeni Mlambo, who is in his 40s, was arrested by the Hawks’ serious organised crime investigation unit, the head office precious metals and diamonds team, public order police and Protea Coin Security with two alleged accomplices, Leornard Moyo and Kocanai Sithole.
Mlambo was busted for contravening the Precious Metals Act. Free State High Court Acting Deputy Judge President Jamela Mhlambi ordered that he forfeit his loot due to contravening the Prevention of Organised Crime Act (Poca).
In terms of the act, if a high court makes a preservation of property order, National Director of Public Prosecutions Shamila Batohi should as soon as practicable give notice of the order to all persons known to her to have an interest in property which is subject to the order and publish a notice of the order in the Government Gazette.
In his ruling, Judge Mhlambi ordered that Mlambo would forfeit R4 578 200 in cash, gold valued at R5 510 772 and a Toyota FJ Cruiser 4x4, under a case opened at the Parys police station in the Free State.
”The National Director of Public Prosecutions applied for and was granted a preservation of property order in terms of Section 38 of Poca,” reads the ruling.
Section 38 of Poca states that Batohi may by way of an ex parte (without the other party) application apply to a high court for an order prohibiting any person, subject to such conditions and exceptions as may be specified in the order, from dealing in any manner with any property.
The high court is also authorised to make an order if there are reasonable grounds to believe that the property concerned is an instrument of an offence and that making a preservation of property order may, when it makes the order or at any time thereafter, make any ancillary orders that the court considers appropriate for the proper, fair and effective execution of the order.
This includes an order authorising the seizure of the property concerned by a police official. The property seized shall be dealt with in accordance with the directions of the high court which made the relevant preservation of property order.
Judge Mhlambi told Mlambo the assets were not at risk.
”You are advised to obtain legal advice on whether your interest can be protected and, if so, on how to protect it. You are notified that the National Director will, within 90 days of publication of this notice, apply to the high court under section 48 of the Poca for a forfeiture order,” reads his ruling.
”If you intend to oppose the application for a forfeiture order, or you intend to apply for an order excluding your interest from a forfeiture order in respect of the property, you must enter an appearance in terms of the order,” Judge Mhlambi said.
Hawks national spokesperson Captain Lloyd Ramovha did not respond to questions from the Sunday Independent on the progress of the criminal case against Mlambo, Moyo and Sithole.
Earlier this year, Hawks boss Lieutenant-General Godfrey Lebeya said information about the accused exchanging gold for cash between the Free State and Gauteng led investigators to seek a search and seizure warrant.
”They had their eyes set squarely on a certain house in Parys, where these illegal activities were said to be taking place,” he said.