How the NPA got greenlight to seize Maumela’s R326m assets

The empire of the tender tycoon Hangwani Maumela has crumbled after the state was granted seizure and forfeiture of his luxury cars and high-end homes with a combined valued of R326m.

The court on Monday gave green light to the NPA to auction the loot which the state believe he accumulated through the R2bn looting frenzy at Tembisa Hospital from 2019.

The NPA will also take over assets belonging to the Maumela family trust.

The assets will be sold in an auction and the proceeds will be handed over to the Gauteng health department.

To get the order, NPA deputy director of public prosecutions Wendy da Silva, argued the matter against Maumela family trust involved a “grand scale fraud, corruption, and money laundering” at Tembisa Hospital.

Da Silva’s arguments were pinned on the report of Morar Incorporated’s head of forensic accounting and investigations Vinay Bositsumune, who investigated 14 entities linked to the Maumela family that received R410m from Tembisa hospital in the period January 2019 to August 2022.

The National Treasury’s specialised audit services unit appointed firms to investigate transactions that took place at Tembisa hospital.

“Hangwani Maumela and other members of the Maumela family are/were directors of the syndicate companies. There were instances in which crucial details of companies’ directorships were fraudulently mis-declared by the syndicate companies,” Da Silva affidavit reads.

She said funds received from the tenders were mainly used for the purchase of immovable properties, luxury vehicles, payments to attorneys, transfers between the syndicate companies and other companies associated with them.

“Although no direct transfer of monies from the entities to the officials was detected, analysis of their bank records indicates in excess of R10m received by them in addition to their salary receipts,” the affidavit reads.

Civil organisations have welcomed the Johannesburg high court judgment, saying it was the right step.

The judgment premised on the forensic investigations that looked at allegations of procurement fraud and corruption that took place at the hospital between January 2019 and August 2022. The probe pointed to Maumela as the leader of one of three syndicates that milked Tembisa Hospital’s coffers dry.

Organisation Undoing Tax Abuse CEO Wayne Duvenage said they were encouraged by efforts to recover assets linked to the proceeds of the alleged corruption.

“This is good news,” he said. “Never fully there (to justice), we still want to see those involved [in Maumela] being held criminally accountable. Accountability is not just about getting the funds back, it is about answering in the courts and being sentenced.”

Reacting to the judgment, NPA spokesperson Kaizer Kganyago said: “All recovered proceeds will be paid into the Criminal Asset Recovery Account where it with be ringfenced for utilisation by the Gauteng department of health. The Criminal Asset Recovery Committee will ensure that the recovered proceeds are appropriately utilised.”

He added that a criminal case against Maumela is being pursued by the Hawks.

Tebogo Khaas, chairperson of Public Interest SA, said the organisation welcomes the decision to return the money back to the department.

“We call for complete transparency regarding the management and utilisation of these funds to ensure they are directed towards strengthening public healthcare and restoring services that were compromised by corruption,” he said.

“While this forfeiture order represents an important victory, accountability must not end with the recovery of assets. Those responsible for orchestrating and benefiting from the alleged corruption should be prosecuted expeditiously and, where appropriate, receive sentences that reflect the gravity of their conduct.”

Some of the properties to be attached are: ERF 45/0 Bantry bay, 67 Victoria Road, Cape Town, valued at R88,570,000; ERF 15/0 Hartbeestpoort, 29 Peninsula street, Pecanwood Estate, valued at R13,660,000; ERF 28/0 Sandton, 25 Oxford Avenue, Sandhurst, valued at R69,750,000; ERF 28/12 Sandton, 25A Oxford Avenue, Sandhurst, valued at R71,660,000; ERF 25/5 Ballito, 5 Reserve close, Zimbali Coastal Estate, valued at R9,410,000; ERF 1099/00049 and ERF 1099/00133, Twin towers, 191 Beach Road, ThreeAnchor Bay, Cape Town, valued at R41,500,000.

The vehicles to be attached include Lamborghini Urus Aventador SVJ, valued at R17,999,995; Lamborghini Huracan STO, valued at R8,750,000; Lamborghini Aventador Ultimae Coupe, valued at R17,999,995; Lamborghini Urus, valued at R6,999,900; Bentley Continental GT V8, valued at R4,199,000; Isuzu D Max valued at R538,600; a multipurpose trailer; and a Regency 250 LE3 Boat, valued at R1,960,847.

NPA head Adv Andy Mothibi said the NPA’s pursuit of justice continued, particularly in the fight against corruption.

In September last year, the Special Investigating Unit revealed that they traced three syndicates that looted the hospital. One of the syndicates was being led by Maumela and had pocketed R816m, and another was led by Richard Mazibuko who walked away with R283m.

A third syndicate, only identified as Syndicate X, made R596m, while three companies linked to controversial tenderpreneur and attempted murder accused Vusimuzi “Cat” Matlala scored R14m in tenders from the hospital.

The report further revealed that 15 former and current hospital employees, including Gauteng health department workers, were paid over R122m to manipulate the supply chain system in favour of the syndicates.

The investigation was prompted by the receipt of a report from late whistleblower Babita Deokaran, who was assassinated on August 23 2021. She was acting chief director: financial accounting, for the health department.

Sowetan