Created by Bailey our AI-Agent
Prominent South African kwaito musician and producer Arthur Mafokate's efforts to reclaim his plush Midrand guesthouse have come to naught following the Pretoria High Court's decision. On Tuesday, the court dismissed Mafokate's plea to have his luxurious property on 85 Carslwald Road released from a preservation order, highlighting a significant stance against corruption and charge misuse in the country.
Judge Mandlenkosi Motha presided over the proceedings and pointed out that Mafokate's defense inadequately explained the source of funds used for purchasing the deluxe property. The case against Mafokate stemmed from the Asset Forfeiture Unit (AFU) of the National Prosecuting Authority (NPA) obtaining a preservation order in December 2022. The Special Investigating Unit's (SIU) probe into the National Lotteries Commission (NLC) dealings unearthed irregularities involving grants provided to the South African Arts and Development Organisation (SAADA).
SAADA had initially received R9.3 million in aid targeted at helping unemployed youth in impoverishing and rural sectors, with the intention of imparting skills in various creative and entrepreneurial disciplines. Regrettably, it was discovered that only R1.8 million was utilized for the intended cause, and the remaining R7.5 million was diverted toward the purchase of the guesthouse, La villa Rosa, situated in Midrand – an act in blatant disregard of the grant's objectives.
Despite Mafokate's claims that he rightfully earned the R7.5 million through service delivery in line with the NLC's requirements, NPA spokesperson Lumka Mahanjana remarked that the court proceedings revealed a significant shortfall between the services provided and the grant received. The NPA contended that the majority of the funds were misallocated for the guesthouse acquisition, contravening the terms of the grant and effectively constituting theft from the NLC.
The judicial outcome aligns with the NPA's stance, affirming the breach of grant conditions, including the stipulation against SAADA's delegation of its duties to another organization, and the obligation to return unspent funds. The court established the infirmity in Mafokate's argument regarding the financing of the guesthouse, noting particularly negligible balances in his business accounts at the time of the grant's dispensation from the NLC.
In the wake of the court's verdict, Mafokate's application was not only dismissed but also burdened with legal costs. This setback is a continuation of the scrutiny faced by Mafokate, who was implicated along with others in the misappropriation of R56 million intended for community development by the NLC in 2022.
With the upholding of the SIU's findings, the Director of Public Prosecutions, Advocate Sibongile Mzinyathi, expressed gratitude, acknowledging the effectiveness of law enforcement in combating corruption. The judgment signifies the NPA's dedication to tackling high-level corruption and sets in motion the potential final forfeiture of the guesthouse. If Mafokate’s forfeiture is successful, his properties, acquired with purloined NLC funds, will be auctioned publicly, and the proceeds will revert to the NLC.