A luxury Hartbeespoort property worth about R6 million has been frozen by the NPA pending forfeiture proceedings in an alleged corruption and money laundering case involving Judge Phahlane.
Image: JUDGES MATTER
The National Prosecuting Authority (NPA) has secured a High Court preservation order freezing a luxury Hartbeespoort property valued at about R6 million which it alleges was purchased using proceeds of corruption and money laundering linked to a case involving Judge Portia Dipuo Phahlane.
Phahlane was previously released on R50,000 bail after being arrested by the Hawks on allegations of accepting a multi-million rand bribe linked to a long-running church leadership dispute.
The order, obtained through the NPA’s Asset Forfeiture Unit (AFU) and granted by the Gauteng High Court in Pretoria, places the property under the control of a curator bonis pending forfeiture proceedings.
It also prohibits anyone with knowledge of the order from selling, transferring or otherwise dealing with the property while legal processes continue.
According to the NPA, the property was purchased in 2022 and is alleged to have been partly financed through proceeds of unlawful activities, including corruption and money laundering.
NPA spokesperson Kaizer Kganyago said the application forms part of an ongoing criminal prosecution before the Specialised Commercial Crimes Court in Pretoria, where six accused, including Judge Phahlane, are facing corruption-related charges.
The NPA said the application is based on evidence gathered during an extensive investigation conducted by the Directorate for Priority Crime Investigation (Hawks).
According to evidence before court, investigators allege that between late 2021 and early 2022 a corrupt arrangement was established involving church faction leader Bhekumzi Mike Sandlana, court interpreter Morongwa Malope and Judge Phahlane.
The NPA alleges that meetings were held in Brits, Nigel and Pretoria East, during which cash payments were allegedly made and discussions took place regarding the alleged manipulation of pending church leadership litigation.
According to the NPA, evidence before the court includes financial records, electronic tracking data, sworn statements and documentary material which it contends corroborate the allegations.
The preservation application further alleges that the property constitutes the proceeds of unlawful activities arising from corruption-related offences and/or was used in the commission of money laundering.
Kganyago said the preservation order forms part of a broader ongoing investigation and that further proceedings may follow against additional individuals alleged to have facilitated, benefited from or participated in the alleged unlawful activities.
"Corruption seldom exists as a compact between only two individuals. It is sustained by networks of facilitators, intermediaries, beneficiaries, and enablers who contribute to the commission and concealment of criminal conduct. This matter illustrates this reality," said Kganyago.
National Director of Public Prosecutions Advocate Andy Mothibi said the case demonstrated the NPA's commitment to acting against corruption wherever credible evidence existed, particularly within institutions responsible for administering justice.
"No person is above the law, particularly those entrusted with positions of authority, integrity, and public confidence," Mothibi said.
He said public confidence in South Africa's justice system depended on the integrity of those working within it.
"The justice system depends fundamentally on public trust. Judges, court officials, prosecutors, law enforcement officials and all those within the justice cluster carry a heightened responsibility to uphold the Constitution and the rule of law," he said.
Mothibi said the NPA had a constitutional responsibility to act decisively whenever evidence pointed to corruption within the justice system.
"The NPA has a constitutional duty to act decisively where credible evidence points to corruption within institutions responsible for administering justice."
He also expressed concern over allegations that people regarded by communities as sources of spiritual guidance and moral leadership may have participated in corrupt conduct intended to influence judicial processes.
"The credibility of both public institutions and social institutions is severely undermined when corruption infiltrates structures that society relies upon for justice, integrity and moral leadership," Mothibi said.
The NPA commended the work of the Hawks investigator, saying complex corruption and money laundering investigations require meticulous financial analysis, disciplined evidence gathering and sustained investigative expertise.
It said it remaines committed to using all available legal mechanisms to combat corruption, recover the proceeds of crime and protect the integrity of South Africa's constitutional institutions, while investigations into the matter continue.
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