Special Investigating Unit and Another v Lebelo and Others (GP06 /2022) [2022] ZAST 18 (8 August 2022)

Special Investigating Unit and Another v Lebelo and Others (GP06 /2022) [2022] ZAST 18 (8 August 2022)

The Tribunal found that the appointment of a curator bonis is necessary to preserve the value of immovable properties acquired through unlawful activities, given the risk that the respondents may lose incentive to maintain them pending civil proceedings. The Tribunal held that there is no rigid rule for appointing a curator bonis; rather, the circumstances and the purpose of the preservation order are decisive. The suitability of the proposed curator bonis was established through supplementary evidence, and the respondents did not oppose this further information. The Tribunal also held that the costs of the curator bonis should be reserved for determination during confirmation...

Citation
[2022] ZAST 18
Parties
Applicant: Special Investigating Unit; Applicant: Transnet SOC Ltd; Respondent: Zakhele Ezekiel ‘Thabo’ Lebelo; Respondent: Zakhele Ezekiel ‘Thabo’ Lebelo N.O.; Respondent: The Thabo Lebelo Family Trust; Respondent: Alletta Mokgoro Mabitsi N.O.; Respondent: Transnet Retirement Fund; Respondent: Phathutshedzo Brighton Mashamba; Respondent: Matlhodi Phillicia Mashamba; Respondent: Office of the Deeds Registry – Pretoria; Respondent: Aviwe Ndyamara N.O.
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
8 August 2022
Case Number
GP06 /2022
Procedural Posture
Urgent Application / Application for Rule Nisi to Preserve Property and Appoint Curator Bonis Pending Civil Proceedings
Outcome
Rule nisi granted preserving specified immovable properties and pension benefits, appointing a curator bonis, and setting a timetable for further proceedings.
Judges
L.T. Modiba
Legal Topics
Preservation Order, Curator Bonis Appointment, Proceeds of Unlawful Activities, Pension Benefit Interdict, Urgent Interdict, Special Investigating Units Act
Civil Procedure Land and Property Administrative Law Preservation Order Curator Bonis Appointment Proceeds of Unlawful Activities Pension Benefit Interdict Urgent Interdict +1 more

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Parties

Special Investigating Unit

Applicant

Transnet SOC Ltd

Applicant

Zakhele Ezekiel ‘Thabo’ Lebelo

Respondent

Zakhele Ezekiel ‘Thabo’ Lebelo N.O.

Respondent

The Thabo Lebelo Family Trust

Respondent

Alletta Mokgoro Mabitsi N.O.

Respondent

Transnet Retirement Fund

Respondent

Phathutshedzo Brighton Mashamba

Respondent

Matlhodi Phillicia Mashamba

Respondent

Office of the Deeds Registry – Pretoria

Respondent

Aviwe Ndyamara N.O.

Respondent

Procedural Posture

Urgent Application / Application for Rule Nisi to Preserve Property and Appoint Curator Bonis Pending Civil Proceedings

Legal Issues

  1. 1 Whether the applicants have made out a case for the appointment of a curator bonis.
  2. 2 Who is liable for the costs of the curator bonis.
  3. 3 Whether Mr Lebelo’s pension benefits should be preserved.

Ratio Decidendi

The Tribunal found that the appointment of a curator bonis is necessary to preserve the value of immovable properties acquired through unlawful activities, given the risk that the respondents may lose incentive to maintain them pending civil proceedings. The Tribunal held that there is no rigid rule for appointing a curator bonis; rather, the circumstances and the purpose of the preservation order are decisive. The suitability of the proposed curator bonis was established through supplementary evidence, and the respondents did not oppose this further information. The Tribunal also held that the costs of the curator bonis should be reserved for determination during confirmation...

Court Disposition

Rule nisi granted preserving specified immovable properties and pension benefits, appointing a curator bonis, and setting a timetable for further proceedings.

Orders

  • The order operates as a rule nisi until confirmed or discharged.
  • Specified Rosebank properties and Dainfern property are preserved; respondents and others are prohibited from disposing of or encumbering them.