Money-laundering suspects secure tough defence

The two foreigners believed to be of Mozambican nationality, who were found in possession of various currencies estimated to be over R76 million in South African monetary value, appeared in the Barberton Magistrate’s Court on Monday for their bail application.

However, magistrate Refilwe Tsotetsi decided to postpone their case to the following day. At the time of going to print their verdict was still unknown.

According to the prosecutor, Lisa Ahlers, who is a senior state advocate at the Specialist Tax Unit in the Office of the Director of Public Prosecution in Gauteng, Pretoria, the two men – who have since been identified although their identities can’t yet be publicised in the media – had been initially charged with non-declaration of currency.

She said two more charges had since been added, namely that of fraud and possession of suspected stolen property.
Appearing in court on Monday, the suspects had roped in a strong defence team in their attempt to be released on bail by enlisting the services of defence attorney, Mandla Mamba and defence advocate, Pieter Naude.

Mamba argued in the court that his clients should be set free as the money found in their possession belonged to them as no cases of missing or stolen money had been registered with the police.
He further humbly requested Tsotetsi not to succumb to the pressure of political interferences and media interest in the case by declining his clients’ bail.

Naude said his clients were not at fault for not declaring the money that was in their possession on the day they were arrested at the border.
He urged that many goods worth millions were crossing the border between Mozambique and South Africa without any declaration.

The case, which has drawn both the South African and Mozambican media’s attention, was then adjourned for a few minutes to give an opportunity for the suspects’ defence team and the state to reach a consensus agreement.
Media and the public flocked to court as early as 09:00 in the morning to catch a glimpse of the men found to be in possession of what has been described as the largest seizure in South African history.

The case finally resumed after 14:00 due to non-availability of a Portuguese and English-speaking interpreter. The interpreter finally arrived after 14:00 and the case resumed before it was adjourned for a few minutes.
It resumed again after 16:00 and Tsotetsi told the accused that the state had decided to roll it over for the next day.
“Your case has been postponed for tomorrow. This arrangement has been confirmed with your attorneys, Mr Naude and Mr Mamba,” said Tsotetsi.

The two were then taken away in a marked Komatipoort police van. It is assumed they have been remanded to the SAPS holding cells in Komatipoort.

The two were arrested on December 25 during a joint operation led by the SAPS and SARS at the Lebombo Border Post. They were reportedly on their way to Johannesburg with the money.
The money – in various currencies – was found hidden in a specially built compartment in the back of a silver Toyota Hilux double cab.

According to the police, it would have escaped detection had it not been for an anonymous tip-off to the South African police.
Once they had found the money it reportedly took them five hours to count it.

According to the SAPS, the money confiscated was US$4,9 million, €2,2 million and R20 000.

NB: Please note that the court has requested that their faces must not be publicized in any media house but can publish the photos with their faces blurred.
This is to protect their identities as it might happen that the money legally belongs to them and if found so, this might put them and their families at risk of being kidnapped for possible ransom demands, which is rife in Mozambique.