In the case of an accident that leaves you incapacitated, most people hope that those nearest and dearest to them will be there to help when necessarily.
But an Eastern Cape woman took her brother’s RAF payout and bought a car, instead. The brother was left wheelchair-bound and brain-damaged by an accident.
In 2009, Mahlubandile Mavuso was involved in a motor vehicle accident as a pedestrian, when he was run over by a car.
He sustained serious physical and brain injuries and was subsequently unable to personally handle his financial affairs. His biological sister, Nokulungisa, acted as a caregiver or guardian and submitted a claim to the RAF.
The claim was successful, and in the years 2013 and 2014, the fund paid out in two tranches totalling R1,4 million to the account belonging to Nokulungisa.
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On 22 March 2014, the sister electronically transferred R143 000 to a vehicle seller, with a reference Mzuvukile Gcanabana, for a purchase of an Isuzu KB 300TD. The R143 000 belonged to Mahlubandile Mavuso and was never at any stage intended for Mzuvukile.
Nokulungisa, as the guardian, had no right to purchase the vehicle for her boyfriend using the beneficiary’s funds the courts have said. The vehicle got registered in Mzuvukile’s name, who was employed as a Claims Handler at the RAF at that time, and therefore had inside knowledge of the claim.
When the state got wind of this, Mzuvukile was charged. He now has a pending case in the East London Regional Court.
NPA’s Asset Forfeiture Unit (AFU) has had the vehicle auctioned. The funds have been paid back to Mahlubandile’s account.
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AFU received a referral from the Specialised Commercial Crime Unit to handle the matter and successfully obtained an order to preserve the vehicle as it was identified as the proceeds of fraud.
On 25 April 2023, a forfeiture order, which is a final order, was granted by the high court, directing that the vehicle be forfeited to the state and proceeds of its auction be paid to Mavuso.
The vehicle has been sold and a sum of R45 650, being the proceeds thereof, has been paid back to Mahlubandile, as the victim of the fraudulent activities.
