Johannesburg - A suspended senior Eastern Cape provincial government official and two businessmen accused of attempting to pay a R3.5-million bribe to investigators probing a dodgy R36m tender look set to forfeit R1.5m to the state.
National Director of Public Prosecutions Shamila Batohi has informed Neil Naidoo, community safety and liaison chief director in the provincial Department of Community Safety and Liaison, and businessmen Kenny Govender and Matthew Pillay that she intends to apply for the forfeiture of the funds.
Batohi obtained a preservation order at the Eastern Cape High Court in East London in June.
They face charges of corruption, theft and defeating the ends of justice. Naidoo and Pillay were granted R15 000 bail by the East London Magistrate’s Court earlier this year, while Govender is out on R50 000 bail.
The R1.5m was seized in East London in April after the trio delivered it to two undercover police officers after Naidoo allegedly initiated talks on Govender and Pillay’s behalf in March this year.
Govender and Pillay handed Pillay R1.8m, but he kept R300 000 for himself and gave the undercover cops R1.5m.
In terms of the notice, Naidoo, Govender, Pillay and all other persons who may have an interest in the funds are informed that they should understand that it is now at risk.
“You are advised to obtain legal advice on whether your interest can be protected and, if so, on how to protect it,” reads the notice published on August 26.
According to the Prevention of Organised Crime Act, Batohi is empowered to approach the high court for an order forfeiting to the state all or any of the money once a preservation of property order is in force.
“If you intend to oppose the application for a forfeiture order, or you intend to apply for an order excluding your interest from a forfeiture order in respect of the property, you must enter an appearance in terms of the order,” the notice further stated.
Govender and Pillay's company KJP Traders was awarded a two-year R36m tender to provide furniture to police stations across the country in 2015.
The state alleges that the furniture was of poor and substandard quality and that KJP Traders submitted letters from manufacturers of quality office furniture when bidding for the lucrative contract.
It was later established that the company did not buy the furniture from reputable manufacturers as it claimed.
The Eastern Cape Community Safety and Liaison Department has indicated that Naidoo has been placed on precautionary suspension pending the outcome of its internal investigation and has not been on duty since his arrest.
Naidoo, Govender and Pillay are expected back in court on September 16.