One of the four people charged with fraud connected to Nelson Mandela Bay's Integrated Public Transport System will have 14-days to show cause why her assets listed in a preservation order, should not be auctioned off.
The National Prosecuting Authority's Asset Forfeiture Unit on Wednesday said it had served the notice on Andrea Wessels, at one of her properties in Summerstrand, Port Elizabeth.
Wessels has been charged with fraud and corruption alongside former EP rugby boss, Cheeky Watson, municipal official, Nadia Gerwel and Mandisi Kazi.
A fifth accused has been identified as Stephen Pretorius.
In an earlier statement NPA regional spokesperson, Tsepo Ndwalaza, said that the preservation order obtained on 11 April against Wessels related to several properties they believe were acquired by the proceeds of alleged criminal activity.
"The house is registered in the name of Ms. Andrea Joleen Wessels, who is accused number 3 in the criminal case related to the Integrated Public Transport System Project in Port Elizabeth (IPTS) in which the accused will appear again on 3 May 2017," the NPA statement said.
"In the papers filed in Court it is alleged that the house is proceeds of fraud/theft and money laundering allegedly committed by Ms Nadia Gerwel, Zeranza 299 (PTY) Ltd and Ms Wessels with the assistance of Mr Pretorius and Watson. More than R2 billion was earmarked and paid to the Nelson Mandela Metropolitan Municipality and solely for IPTS purposes. Ms Gerwel, acting in concert with her co-accused illicitly channelled R11.9 million from the Municipality into the bank account of 21Access Facilities and Leisure Management (PTY) Ltd, which at the time had an agreement with the Municipality as a service provider".
"From Access, a sum of R2.9 million was transferred, upon receipt of a fictitious invoice for the same amount to the EP Rugby's bank account, from which the latter transferred to Zeranza's bank account. A sum of R741 750 (out of the R2.9 million) was transferred on 21 February 2013 from Zeranza to the trust account of a firm of attorneys and conveyancers, which transferred and registered the house in the name of Wessels. Both Wessels and Zeranza were never service providers of the Municipality, nor did they have any right to utilise the IPTS funds for the personal benefit of Wessels," Ndwalza said.
"Wessels will have an opportunity to oppose the forfeiture of the house, failing which it will be forfeited to the State and proceeds thereof be paid back to National Treasury, whence the R2 billion emanated. In this way crime will not pay," he said.
"On 18 April 2017 the High Court also granted the AFU a provisional restraint order against the assets (as per attached schedule) of Mr Mandisa Charles Mkasa of Motherwell, Mrs Wessels, Zeranza, Mrs Wessel's son, Rukaard Stefferine Lezario Abrahams and daughter, Rukshane Suemetra Leele Abrahams as well as her close friend, Angus R Esben of East London. A curator bonis was appointed to take care and control of such assets. They will have an opportunity to oppose the granting of a final restraint order, which will be in place until conviction in the criminal trial."
"The allegation in the restraint papers emanate from the remainder of the R11.9 million unlawfully paid out of the IPTS to Zeranza by the Municipality. A huge portion thereof, which is viewed as a benefit from unlawful activities i.e. R11.2 million was utilised by Mrs Wessels for her personal and family benefit and the running of Zeranza. Mr Mkasa received, as an affected gift R43 000, her son received R255 521 and daughter R289 030 and Mr Esben was paid R112 000," Ndwalza said.
"It is alleged that Zeranza was not in the database of the Municipalities' service providers and should not have received the R11.9 million let alone using it as it did. Upon conviction in the criminal case a confiscation application will be launched to recover the R11.9 million from the relevant accused to make sure that crime does not pay and should they not pay it, their assets will be sold to settle the confiscation amount granted."
Wessels and her co-accused will be back in court again on 3 May.
