Special Court confirms conservation order against former Transnet executive



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The Special Court ordered the seizure of assets and bank accounts linked to former Transnet Capital Projects executive Herbert Msagala, his family and associates.

The Special Court ordered the seizure of assets and bank accounts linked to former Transnet Capital Projects executive Herbert Msagala, his family and associates.

  • The Special Court has upheld a conservation order against former Transnet CEO for Capital Projects Herbert Linyenga Msagala.
  • The real and personal property of Msagala will be confiscated from the State in an effort to recover an estimated amount of R18.4 million.
  • Assets preserved include vehicles, bank accounts, a farm, and property.

The Special Court has upheld a conservation order against former Transnet CEO for Capital Projects Herbert Linyenga Msagala.

In a ruling on Tuesday, Judge Billy Mothle ordered Msagala’s real and personal property to be confiscated from the state in an effort to recover an estimated R18.4 million, spokesman Selby Makgotho said in a statement.

“The preservation order granted as norma nisi (an interim order) on July 30 is hereby confirmed,” Mothle ruled.

Assets preserved include a fleet of vehicles, several bank accounts in his name and those of his trusts, a farm and other properties in Gauteng and Free State.

READ | 6 cars. 4 properties. Elegant home: the high life of a Transnet executive

“It is alleged in the documents before the Special Court that, during his tenure as executive of Transnet, Mr. Msagala participated in illegal activities, which will be analyzed in the subsequent action proceedings,” Makgotho said.

The court had issued an interim order on July 30 and ordered the defendants “to show cause why, if it is determined that they engaged in illegal activities, the order should not be final.”

The arguments were heard earlier this month.

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In his ruling, Mothle ordered that the properties mentioned in the papers before the Special Court, which include real and personal property, and as confirmed and assessed by the curator bonis, be declared confiscated from the State to the extent that it does not exceed R18.4 millions. Mr. Aviwe Ndyamara has been appointed as Bonis Curator. “

The judge also ruled that the injunction imposed on the Transnet Pension Fund to withhold Msagala’s pension was upheld, and extended until the conclusion of the proceedings against him in court, Makgotho said.

Msagala was ordered to pay the costs of the process on an attorney-client scale, including the costs of the plaintiffs’ two attorneys, he said.

City Press previously reported that the Special Investigation Unit said, in an affidavit supporting its request, that it had established evidence showing that Msagala had allegedly engaged in corrupt activities in 2015 and 2016, when he was a senior Transnet executive, with a contracted supplier engineering company. IGS Consulting.

– Compiled by Jeanette Chabalala

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