The Free State High Court has granted the National Prosecuting Authority’s (NPA) Asset Forfeiture Unit (AFU) and the Directorate for Priority Crimes Investigation (Hawks) a preservation order for six immovable properties valued at R32 million and a Mercedes-Benz G63 AMG worth R2 million. The assets are believed to have been purchased with proceeds from the controversial Free State asbestos corruption and money laundering scheme.
The order comes as former Free State Premier Ace Magashule and his 17 co-accused stand trial in the R255 million asbestos roof removal case, which involves allegations of fraud, corruption, and money laundering. The case stems from a 2014 tender awarded to remove asbestos from homes in the province, where funds were allegedly misappropriated.
NPA Confirms Aggressive Asset Recovery Strategy
NPA national spokesperson Advocate Mthunzi Mhaga confirmed that the preservation order was granted on 13 March 2025. He explained that the NPA does not require a criminal conviction to seize assets under Chapter 6 of the Prevention of Organized Crime Act (POCA).
“The properties and the Mercedes-Benz, bought in cash for R2 million, are linked to individuals and entities implicated in the asbestos scandal,” Mhaga stated. “The accused now have 14 days to challenge the order. If they do not, the NPA will proceed with a confiscation order within 90 days, after which the assets will be auctioned, and the proceeds deposited into the Criminal Asset Recovery Account (CARA).”
Wider Crackdown on State Capture
This case forms part of the NPA’s broader strategy to recover assets linked to state capture. Mhaga revealed that since state capture cases were enrolled, the NPA has secured freezing orders worth R14.2 billion, with R8 billion already recovered and held in CARA.
“The NPA is not only focusing on prosecutions but also on hitting corrupt individuals where it hurts—their pockets,” Mhaga said. “This sends a strong message that financial gains from corruption will be stripped away.”
Next Steps in the Case
The preserved assets are currently under the control of a court-appointed curator. If unchallenged, the state will proceed with their forfeiture and sale. Meanwhile, the criminal trial against Magashule and his co-accused continues, with prosecutors confident in their evidence.
Magashule and others have maintained their innocence, calling the case politically motivated. However, the latest court order reinforces the NPA’s commitment to holding those implicated accountable.
Collaboration with Law Enforcement
The NPA’s Investigative Directorate (ID), Hawks, and Special Investigating Unit (SIU) have worked together on the case. Mhaga emphasized that the ID’s in-house forensic investigators played a key role in tracing the illicit funds through complex financial transactions involving attorneys, real estate agencies, and luxury car dealerships.
Public Confidence in the Fight Against Corruption
The ruling has been hailed as a significant step in restoring public trust in South Africa’s justice system. With billions already recovered from state capture-related cases, the NPA insists that its multi-pronged approach—combining prosecutions and asset forfeiture—is yielding results.
As the legal process unfolds, all eyes remain on the Free State High Court, where the asbestos trial continues, and the fate of the seized assets will soon be decided.
