The South African Asset Forfeiture Unit (AFU) has successfully secured a preservation order valued at R43 million from the Pretoria High Court. This order targets assets linked to Brigadier Ngoy Timothee Makwamba, the former Defence Attaché of the Democratic Republic of Congo (DRC) to South Africa. This legal move comes in response to a complaint of fraud and theft lodged by the DRC Embassy, alleging financial misappropriation by Makwamba.
The court’s decision mandates the preservation of four properties and two bank accounts associated with the case. National Prosecuting Authority spokesperson, Lumka Mahanjana, provided insights into the sequence of events leading to this order. She explained that Makwamba, during his tenure, was tasked with procuring arms from Denel, a state-owned South African defense and technology company, for the DRC.
The DRC Embassy had initially transferred R49.6 million to Denel for weapon acquisitions. However, the deal fell through, leading to a refund situation. Despite his contract termination in December 2022, Makwamba allegedly continued to misrepresent his authority to Denel, orchestrating the refund to be sent to a specific account at Johan van Heerden Attorneys on April 13, 2023.
The funds were then allegedly funneled through various accounts and used to acquire properties in the names of Makwamba’s children. The Financial Intelligence Centre’s investigation unveiled the transactions’ trail, which resulted in the identification of two pivotal bank accounts. Subsequent to the acquisition of the preservation order on April 2, 2024, law enforcement officials, alongside the appointed Curator Bonis and AFU representatives, executed the order at the identified properties.
These properties are now under the Curator Bonis’s supervision, awaiting the next legal phase, which involves applying for a final forfeiture order. If granted, this order will enable the sale of the properties at public auction, aiming to repatriate the proceeds back to the DRC.
This case underscores the international legal cooperation and financial oversight mechanisms in place to combat corruption and illicit financial flows, demonstrating the concerted efforts to uphold financial integrity and legal accountability in international relations.
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