AFU obtains preservation order against assets linked to the Department of Health PPE matter

29 August 2023

The Asset Forfeiture Unit (AFU) of the National Prosecuting Authority has been granted a preservation order in the Northern Cape High Court, against Kenyaditswe McDonald Visser, MKV Investments (PTY) Ltd, Agnes Bogatsu and Stilofin (Pty) Ltd. The property belongs to the accused in the Northern Cape Department of Health PPE-related matter that is currently in Kimberley Magistrates' Court.

The accused in this case are Dr Dion Theys (56), the Head of the Department (HOD), the Chief Financial Officer (CFO) Mosimanegape Gaborone (54), Director of Supply Chain Management Montgomery Lifa Faas (49), the Deputy Director of Finance, Victor Nyokong (39), the Director: Administration Assistant of Supply Chain Management Siyabulela Booi(38), MKV Investment (PTY) LTD, Kenyaditswe McDonald Visser (44); Director of MKV Investment (PTY) LTD, Assistant Director Directorate: Communicable Diseases Goitsemodimo Dibueng Moseki (50), Retired Deputy Director Nursing Directorate: Communicable Diseases Elizabeth Dibueng Manyetsa (63), Stilofirn (PTY) LTD and Director of Stilofirn (PTY) LTD Kelebogile Agnes Bogatso (58).

The accused are facing charges of Contravention of Provisions of Section 86(1) of the Public Finance Management Act (PFMA), fraud, corruption, and money laundering amounting to more than R16 million. The preservation order is in respect of Erf 36374, Kimberley, also known as 9 Ceres Street, Hillcrest, Kimberley, which Visser bought for an amount of R4,4 million and a 2015 model Bentley Continental GT V8 Convertible which he bought for an amount of over R2 million. Both the property and vehicle are registered in the name of Stilofin (Pty) Ltd and were bought with the proceeds of the money received from the Northern Cape Department of Health. Visser and MKV Investments (Pty) Ltd are opposing the preservation order in the Northern Cape High Court. The case has been remanded to 22 September 2023.

In this PPE-related matter, the following accused were granted bail; Montgomery Lifa Faas, Mr Siyabulela Booi, and Kelebogile Agnes Bogatso (R10 000 each), Kenyaditswe McDonald Visser was granted bail of R50 000, Goitsemodimo Dibueng Moseki and Elizabeth Dibueng Manyetsa were each granted bail of R5000. The bail conditions are that the accused must surrender their passports to the authorities, not intimidate witnesses, and not interfere with the witnesses.

The prosecution team opposed the bail of Dr. Dion Theys, Mosimanegape Gaborone, and Victor Nyokong. The three accused were remanded in custody and they were granted bail of R5000 on Monday, 28 August 2023 in the Kimberley District Court after their formal bail application. The state opposed the bail of the three applicants on the basis that they might interfere with the evidence as well as intimidate witnesses in the case. The case has been postponed to 16 October 2023, in the Kimberley Magistrates’ Court.

Issued by Mojalefa Senokoatsane, NPA Regional Spokesperson: Northern Cape, 29 August 2023