High-rise hijack ‘boss’ up for trial
Pirate buildings in Johannesburg put the lives of thousands of residents in jeopardy. Many of these buildings house as many as 10 people per room/apartment and lack proper sanitation. The police have come down on those that are running these buildings illegally. Picture: Refilwe Modise Pirate buildings in Johannesburg put the lives of thousands of residents in jeopardy. Many of these buildings house as many as 10 people per room/apartment and lack proper sanitation. The police have come down on those that are running these buildings illegally. Picture: Refilwe Modise
The alleged ring leader of Joburg’s inner-city building hijacking syndicates, Sinethemba Mkhumbuzi – linked to hijacking of more than a dozen high-rise buildings, will go on trial in April for fraud – almost four years after his arrest.
Mkhumbuzi, who is accused of fraud related to the sale of Angus Mansions in Jeppe Street in the Joburg CBD, appeared in the Joburg Magistrate’s Court this week.
Angus Mansions is a sectional title property owned by Philani-Ma Afrika – a subsidised scheme set up by the Gauteng government to assist underprivileged people to collectively acquire the building for their own occupation.
Mkhumbuzi and his co-accused attorney Kenneth Ntila are charged with the fraudulent sale of Angus Mansions and pocketing almost R3.5 million from the sale.
According to the charge sheet, Mkhumbuzi “falsely and with intent to defraud” gave out and pretended to sell Angus Mansions to William Mailula or the Trust for Urban Housing Finance (TUHF).
TUHF which assists emerging entrepreneurs with money to purchase buildings, financed the purchase of Angus Mansions by Mailula.
The State claimed that by means of false pretences Mkhumbuzi and Ntila induced Mailula to hand over the amount of almost R3.5 to effect transfer and registration.
Mkhumbuzi and Ntila will also face an alternative count of theft over the R3.5 million.
Mkhumbuzi was arrested at his R2.8 million Bassonia home in 2009, by an SAPS provincial special task team investigating building hijacking. He has been held in custody at Joburg prison since then with occasional court appearances.
He has been implicated in the hijacking of more than 10 buildings in the Joburg inner-city including another high rise property – Dolphin Square in Joubert Park.
According to police investigating Mkhumbuzi’s modus operandi, he allegedly used internet loopholes in the Companies and Intellectual Property Registration Office (Cipro) to falsify company records, declaring him director with authority to sell buildings.
In 2009, Philani-Ma Afrika lodged an appeal with the Supreme Court of Appeal in Bloemfontein seeking relief to set aside the purported sale of Angus Mansions.
The application was brought before the SCA following a High Court order sought by Mailula and TUHF – as the owners – to evict 67 occupants of the property.
The SCA then found that a deed of sale for Angus Mansions was signed by Mailula as a buyer, and Mkhumbuzi purportedly on behalf of the seller.
The court heard that Mkhumbuzi had signed the deed “by virtue of a power of attorney” which was found to be invalid because the remaining directors of Philani-Ma Afrika could not have passed a resolution authorising the sale.
The court also heard that the estate agent who handled the sale did not make an affidavit nor did the conveyancing attorney – Ntila – who was deemed a party to the sale.
The SCA declared that Angus Mansions was owned by Philani-Ma Afrika and ordered the City of Joburg to cancel the Deed of Transfer of the property to Mailula.
The court also set aside the High Court order that ordered the eviction of the 67 Angus Mansions occupants and owners.
Mailula has since turned State witness, claiming he was not aware the building had been hijacked.
Mkhumbuzi and Ntila’s trial is set down for April 10 and 11 at the Joburg Magistrate’s Court. - Saturday Star