Looter to forfeit Merc C300

A SUCCESSFUL bid to preserve a luxury car worth more than R500 000 allegedly used by the man dubbed the “Woolworths looter” was made by the State at the Durban High Court on Friday.

The National Prosecuting Authority’s Asset Forfeiture Unit (AFU) held the view that Mbuso Moloi used the Mercedes Benz C300 Coupe to commit his alleged crimes. The AFU accordingly brought the “preservation of property” order, which was granted.

When approached for comment at his Pinetown home yesterday, Moloi denied that his car had been seized and was not in a position to comment further.

His attorney also claimed to have no knowledge of such action.

Video footage of Moloi, 30, apparently exiting the Woolworths store in Glenwood and needing two hands to carry a heavily-laden shopping basket as he crossed Bulwer Road, before climbing into the parked car in July, was widely circulated on social media platforms.

He handed himself to police on July 28 and is presently facing theft and public violence charges, related to the looting of the Woolworths store.

Moloi was granted R5 000 bail and is due to make his next appearance at the Durban Regional Court in October.

However, Friday’s court proceedings was a civil matter and the order was granted ex parte, meaning only one party was present (the applicant, the AFU) and presented written evidence to support the application.

The presiding judge made the ruling with the understanding that the written evidence before him was presented in good faith.

Moloi now has 90 days to challenge the order granted, failing which the car, said to be worth R507 000, will be forfeited to the State.

Advocate Ouma Rabaji, national head of the AFU, explained that preservation orders were basically “freezing orders” which were in accordance with the Prevention of Organised Act.

This piece of legislation that became effective in 1998 was used to combat organised crime and remove profit derived from criminal activities.

Rabaji said police had to first investigate the alleged crime and once criminality was established, a preservation application can be made.

In Moloi’s matter, the AFU believes the car was used in the commission of the crime, which was to carry away the goods. Therefore, the AFU made the application.

Rabaji said the matter was measured on a balance of probabilities, based on affidavits from the investigating officer in the matter and an official in the office of the National Director of Public Prosecutions, which was handed to the court.

The judge had to determine whether the relevant criteria to grant the order were met.

“The High Court deemed it relevant to freeze the asset as our case was established on paper.”

She said Moloi could file papers and oppose Friday’s outcome. “But we presented a solid case, besides the car was seen all over social media and TV.”

She confirmed that once the 90-day period elapsed, the AFU would file for complete forfeiture of the vehicle.

“We will sell the vehicle and the proceeds will be put into the Criminal Assets Recovery Account.

Money in this account is earmarked for the purposes of the country’s various crime fighting agencies.

When Moloi was asked about the car’s whereabouts and whether he would challenge the preservation order, he said: “I don’t know anything about any car being seized. What are you talking about?

“What I know is that I’m looking forward to my next court date on 12 October.”

His lawyer, Mfanafuthi Biyela, said he had not received any information about the preservation order.

“I cannot comment on something that has not been brought to my attention. I can confirm that my office has not received any information regarding my client’s car being seized,” said Biyela.