Media Statement from North West Media Centre

Corporate Communication

South African Police Service

 

10 January 2013

 

On Thursday, 10 January 2013,  at about 12:15 members of the Hawks (Directorate for Priority Crime Investigation) arrested Martie  and Andries Mulder  at their house in Geelhout Park  in Rustenburg for failing to comply with an order of freezing their assets. The couple appeared on Thursday, 10 January 2013 at the Rustenburg Magistrate's Court. They will appear again on 21 January 2013 for bail application and they will remain in custody

 

The order had been obtained by the Assets Forfeiture Unit of the National Prosecuting Authority. They will be charged in terms of section 75 of the Prevention of Organised Crime Act. The suspects will appear at the Rustenburg Magistrate's court on 18- 22 March 2013 on charges of fraud. If they are convicted, they may be imprisoned for 15 years.

 

This is the first case of this nature to be handled by the newly established Financial and Asset Forfeiture Investigation Section in the history of SA on failure to comply with the freezing order. This action by the section should serve as a strong warning to people whose assets have been frozen and are disobeying the court order.

 

On 23 September 2011, the AFU of the National Prosecuting Authority obtained a restraint order for freezing assets in terms of the Prevention of Organised Crime in the North West High Court in Mahikeng. The freezing order was a result of the following circumstances:

Van Velden and Duffy Attorneys in Rustenburg Employed Martie Mulder in June 2006 until September 2011. She was employed as a secretary to work on files for the firm's Road Accident Claims Department. In that case she had access to the firm's road accident claims bank account.

 

She used her position to transfer money fraudulently to her and her husband's personal bank accounts pretending that those payments were for medical doctors and service providers for Personal injuries or Third Party claims. These payments amounted to more than R5 million.

 

The purpose of the restraint order was to freeze the assets of the Mulders until their criminal trial is completed. The AFU will then apply for confiscation order to recover the proceeds of their crime and get profit out of that.

The High Court appointed the curator of KPMG in this case. The duty of the curator was to secure the assets of the Mulders.

 

On 23 September 2011, the curator executed the restraint order to attach the assets of the Mulders. The curator removed their motor vehicles and left them with a Land rover Discovery for daily use and their household furniture. The couple did not own the house they were staying in. The following is the property that the curator removed: Ford Fiesta, the second Land rover Discovery, 16 feet Bowriderboat, Wave Blaster 2 Jet ski, Kia 2700 delivery vehicle and a Mazda Drifter bakkie. The total value of the assets was R765 227, 00.

 

The Mulders were warned that in terms of the restraint order they were legally obliged to ensure the safekeeping of the assets in their possession. The curator had to visit the couple more often to ensure that the assets were still in good condition and looked after. On 13 November 2012, the curator learnt that the Mulders had moved from their last known residential address without informing the curator. The following day, the curator and Auctioneering Company in Rustenburg conducted a comprehensive asset verification check at Mulder's residence. It was established from the sheriff that the movable assets had been attached by a creditor and sold on 18 July 2012 for their rental debt.

 

In terms of the restraint order, the Mulders had a duty to submit a monthly income and an expenditure affidavit to the curator which they failed to do from January 2012. They were also had to contact the curator should there be any threat to attach any of the frozen assets. The Mulders failed to contact the curator to inform him of the attachment which resulted in a financial loss in excess of R100 00, 00.  The curator also learnt that on 29 November 2012, Andries Mulder sold their dinner set and several paintings to one of the porn shops in Rustenburg.

 

-End-

  

Media Enquiries:

 

Brigadier Thulani Ngubane

Corporate Communication

NORTH WEST

082 372 4511