The Sunday Independent

‘Looter’ may forfeit R500 000 Merc - in 90 days

MERVYN NAIDOO and LINDA GUMEDE

A SUCCESSFUL bid to preserve a luxury car worth more than R500 000 and allegedly used by the man dubbed the “Woolworths looter” was made by the State at the Durban High Court, on Friday.

The National Prosecuting Authority’s Asset Forfeiture Unit (AFU) held the view that the accused, Mbuso Moloi, used the Mercedes Benz C300 Coupé to commit his alleged crimes. The AFU accordingly filed a “preservation of property” application, which was granted.

But when approached for comment at his Pinetown home, yesterday, Moloi denied that his car had been “seized” and said he was not in a position to comment further. His attorney, Mfanafuthi Biyela, also claimed to have no knowledge of such action. Video footage of Moloi, 30, apparently exiting the Woolworths store, in Glenwood, and needing two hands to carry a fully loaded shopping basket as he crossed Bulwer Road, before climbing into the parked car, in July, was widely circulated on social media platforms.

He handed himself to police on July 28 and now faces theft and public violence charges, related to the looting of the Woolworths store.

Moloi was subsequently granted R5 000 bail and is due back in the dock at the Durban Regional Court, in October, in respect of the criminal charges against him. However, Friday’s court hearing was a civil matter and was heard ex parte, meaning only one party was present (the applicant, the AFU) and presented written evidence to support the application.

The presiding judge made the ruling with the understanding that the written evidence before him was presented in good faith. Moloi now has 90 days to challenge the order granted, failing which, the car, said to be worth R507 000, will be forfeited to the State.

Advocate Ouma Rabaji, national head of the AFU explained that preservation orders were basically “freezing orders” and were in accordance with the Prevention of Organised Crime Act, 1998, the piece of legislation meant to combat organised crime and provide for the lawful recovery of proceeds derived from unlawful or criminal activities.

Rabadji said police had to first investigate the alleged crime, and once criminality was established, a preservation application can be made.

A preservation order, if granted following a preservation application, means the accused person is prohibited from disposing of the asset in question.

In Moloi’s matter, the AFU believes the car was used in the commission of the crime, which was to carry away the goods. Therefore, the AFU made the application. Rabadji said the matter was measured on a balance of probabilities, based on affidavits from the investigating officer in the matter (warrant officer Francois Esterhuizen) and Kenneth Mark Samuels, the deputy director of public prosecutions, which was handed to the court. The judge had to determine whether the relevant criteria to grant the order was met.

“The High Court deemed it relevant to freeze the asset as our case was established on paper.”

She said Moloi could file papers and oppose Friday’s outcome. “But we presented a solid case, besides, the car was seen all over social media and TV.”

She confirmed that once the 90-day period elapsed, the AFU will file for complete forfeiture of the vehicle worth more than R500 000.

“We will sell the vehicle and the proceeds will be put into the Criminal Assets Recovery Account (Cara).

Money in this account is earmarked for the purposes of the country’s various crime fighting agencies.”

When Moloi was asked about the car’s whereabouts and whether he would challenge the preservation order, he said: “I don’t know anything about any car being seized. What are you talking about?

What I know is that I’m looking forward to my next court date on 12 October.”

His lawyer, Mfanafuthi Biyela, said he had not received any information about the preservation matter.

“I cannot comment on something that has not been brought to my attention. I can confirm that my office has not received any information regarding my client’s car being seized,” said Biyela. Samuels said, in his affidavit, that on July 12, the manager of the Woolworths store, who is the complainant in the criminal matter, received images and a video of a black male walking away from his outlet with a basket filled with items, which he then loaded into a silver Mercedes Benz.

Investigations revealed that it was indeed Moloi in the video. He confirmed on a social media platform that it was him in the video and said he wanted to buy bread and milk, and wanted to know whether he had to pay the person who shot the video.

Moloi’s mobile number was also displayed in the social media post.

In a subsequent media interview, Moloi said he had merely gathered items lying outside the store.

He claimed that he went to the shops with his sister in a Mercedes that belonged to his father, when they had encountered looters at the store.

All he picked up was some milk, juice and washing powder, items he apparently found lying outside the store.

Esterhuizen observed that a video of the incident showed Moloi entering the store and exiting with a full shopping basket.

The policeman said Moloi’s version was at odds with what he had established during an interview with his sister. She said she was at home with her parents and never ventured out on the day in question.

Esterhuizen confirmed that his investigations confirmed Moloi as the owner of the Mercedes Benz vehicle, its purchase was financed by Standard Bank and was in the accused’s name.

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2021-09-19T07:00:00.0000000Z

2021-09-19T07:00:00.0000000Z

https://thesundayindependent.pressreader.com/article/281552293995014

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