Two Transnet executives who are accused of accepting kickbacks to award lucrative contracts to service providers bought properties in pristine locations in Johannesburg boasting panoramic views, spacious fitness centres and high security.
The properties, which include three apartment units in Rosebank with an exclusive balcony area and a mansion inside Dainfern Golf Estate were on Monday placed under preservation by the Special Tribunal pending a final application to have them forfeited to the state.
Four properties including apartments on Capital On Bath – a three-star hotel in Rosebank – belong to former Transnet Property group executive Zakhele Lebelo. Another in Dainfern is owned by suspended executive Phathutshedzo Brighton Mashamba.
The Tribunal prohibited both Lebelo and Mashamba together with their spouses from selling, leasing, donating or transferring their properties. The executives allegedly received kickbacks for awarding contracts to service providers – Superfecta Trading 209 (Pty) Ltd and BBDM Bros Advertising Agency (Pty) Ltd.
The SIU which investigated allegations of irregularity in Transnet property found that Lebelo and Mashamba were instrumental in Superfecta and BBDM being awarded Transnet contracts on terms extremely favourable to the entities.
Lebelo resigned on November 28 2018 before an internal inquiry could take place.
Mashamba was suspended in May by Transnet pending the SIU’s investigation into allegations of impropriety and illegality at the public entity. He is currently employed as a regional manager of the coastal region. He has held this position since November 1 2018.
''The SIU investigation has revealed that the acquisition of the properties was allegedly funded by money received from service providers contracted by Transnet. Therefore, the luxury properties constitute proceeds of unlawful activities hence the application for a preservation order pending the final determination of the review application.
''The luxury properties are now under the care of a curator,” said SIU spokesperson Kaizer Kganyago.
''The SIU and Transnet have obtained a preservation order from the Special Tribunal to freeze five luxury properties in gated estates, and pension benefits valued at approximately R1.8m, linked to Transnet executives and their spouses, pending the final determination of civil proceedings for recovery of damages or losses and disgorgement of secret profits.”
Kganyago said the application to have the properties forfeited will be heard on November 28 and 29.
SIU head Adv Andy Mothibi said: “The order is a continuation of the implementation of the SIU investigation outcomes and consequence management to recover assets and financial losses suffered by state institutions and/or to prevent further losses”.
In her judgment, judge Lebogang Modiba said the properties and payments that Lebelo and Mashamba received were acquired with secret profits to the benefit of themselves and their relatives.
Modiba said Superfecta and BBDM paid bribes to Lebelo and Mashamba in exchange for state contracts.
Superfecta allegedly gifted or donated Lebelo with three apartment units and an exclusive-use balcony area situated in Rosebank, which were transferred to the Lebelo Trust.
Mashamba allegedly received R2m from Khoncha, an erstwhile director in Superfecta.
According to the SIU, in June 2018 Mashamba used the funds to purchase a property in Farm Diepsloot through a company called Red Lip Communications (Pty) Ltd owned by his wife.
The Diepsloot property was transferred to a new owner in June 2022 based on a sale agreement concluded in March.
The Mashambas then allegedly used R1,5m of the proceeds from that sale to buy a new property in Dainfern.
According to the judgment, Mashamba also received at least R4,5m from BBDM. It further said BBDM paid R1m towards purchasing a residential property in Beverley.
The SIU found that Superfecta was awarded contracts worth over R64m between February 2016 and August 2018 as a result of its business with Transnet Property.
Pursuant to its lease with Transnet, BBDM was paid tenant installation allowances totaling over R73m between March 2015 to June 2018.
– kokam@sowetan.co.za
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