Mahlubandile Mavuso, who suffered a brain injury and was confined to a wheelchair after a car accident in 2009, recovered money paid out by the Road Accident Fund (POF) after a scam.
Luxolo Tyali, spokesperson for the National Prosecuting Authority (NPA) in the Eastern Cape, says Mavuso’s sister used the money to buy a vehicle for her boyfriend, who incidentally also worked with the RAF. The NPA’s asset forfeiture unit obtained a preservation order and sold the vehicle at auction.
“Mavuso was involved in a car accident in 2009 as a pedestrian. A car hit him. He suffered serious physical injuries and a brain injury and was subsequently unable to handle his financial affairs. His biological sister, Nokusuma, acted as carer and submitted a claim to the RAF.”
The claim was successful and it was paid out in two different amounts in 2013 and 2014, up to a total of R1.4 million.
“On 22 March 2014, the sister transferred an amount of R143 000 to a vehicle seller with the reference ‘Mzuvukile Gcanabana’, for the purchase of an Isuzu KB 300TD. However, the amount belonged to Mavuso and should never have been used for the benefit of Gcanabana.”
The sister, as the guardian, had no right to purchase the vehicle for her boyfriend with the beneficiary’s funds.
“The vehicle was registered in Gcanabana’s name, at that stage he was working as a claims handler at the RAF. He therefore had knowledge of the relevant claim in detail.”
The NPA’s asset seizure unit received a referral from the specialized commercial crime unit to deal with the case. A custody order was obtained against the vehicle, as it was identified as the proceeds of fraud. A final order was obtained on 25 April 2023 in the High Court which determined that the vehicle must be sold and the proceeds paid out to Mavuso.
“The vehicle was sold for R45 650 and it was refunded to Mavuso, as the victim of fraudulent activity.”
The criminal case against Gcanabana continues in the East London Regional Court.