NPA’S ASSET FORFEITURE UNIT SECURES PRESERVATION ORDER IN “VW AMAROK” MATTER

14 NOVEMBER 2025

NPA’S ASSET FORFEITURE UNIT SECURES PRESERVATION ORDER IN “VW AMAROK” MATTER

Mafikeng, North West – The Asset Forfeiture Unit (AFU) of the National Prosecuting Authority (NPA) in the North West Division has obtained a preservation of property order from the North West High Court in terms of Section 38 of the Prevention of Organised Crime Act (POCA), 121 of 1998. The order, granted on 13 November 2025, relates to a VW Amarok vehicle believed to be the proceeds of unlawful activities. 

High-profile corruption scandals have shown that corruption in public procurement has become systemic in South Africa. This entrenched corruption undermines democracy, erodes public trust, and contributes to failing infrastructure and poor service delivery. On 18 August 2023, members of the Serious Corruption Investigations Unit received an anonymous call from a whistleblower alleging that the Chief Financial Officer (CFO) of the Matlosana Local Municipality had received a VW Amarok valued at R1.4 million from GMHM Construction and Projects 47 CC, a service provider to the municipality. 

Investigations revealed that the vehicle was purchased by GMHM Construction and Projects 47 CC, which made two cash payments of R690 000 on 31 May 2023 and R750 000 on 6 June 2023 from its ABSA bank account to Fouché Motors for the benefit of the CFO, Mercy Phetla. Phetla took ownership and possession of the Amarok from Fouché Motors on 7 June 2023. 

Phetla’s conduct in accepting the gratification falls within the offences relating to corrupt activities as described in Section 3(1)(i)–(iv) and Section 4(1)(i)–(iv) of the Prevention and Combating of Corrupt Activities Act (PRECCA). The Amarok was purchased as a reward or benefit for Phetla and therefore constitutes the proceeds of unlawful activities. Furthermore, Phetla unlawfully accepted the property from a service provider doing business with the municipality where she is employed, and she failed to declare or disclose the benefit, contravening her performance agreement and mandatory disclosure requirements. 

Based on these findings, the High Court granted the preservation order on the basis that the VW Amarok is the proceeds of unlawful activities. Phetla’s criminal matter is enrolled for trial on 19 November 2025. The Director of Public Prosecutions in the North West, Dr Rachel Makhari, commended the AFU for its diligent work and swift action. “The NPA, through its Asset Forfeiture Unit, will continue to act decisively against those involved in corrupt activities. Those who abuse public resources for personal gain will face the full might of the law. We remain committed to upholding the law and protecting communities from individuals who exploit positions of authority for criminal benefit,” said Dr Makhari. 

Issued by: 

Sivenathi Gunya 

Communications Officer

North West Division 

National Prosecuting Authority