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The Special Investigating Unit (SIU) has welcomed a Special Tribunal order dismissing an application for leave to appeal by former Transnet executive Herbert Msagala and his Trusts.

On 17 November 2020, the Special Tribunal confirmed a preservation order to the value of over R18 million – which Msagala wanted to overturn.

The SIU in a statement on Wednesday said the Special Tribunal had further declared that Msagala’s assets, worth R18 million, be forfeited to the State.

The assets included 35 luxury vehicles and five properties which include two farms and houses in gated estates.

“The assets are believed to be proceeds of corrupt and criminal activity. However, Msagala claimed the assets were acquired through his salary and the additional income received from his transport, tent and chair for hire, farming and consulting businesses.”

The SIU said it approached the Special Tribunal seeking a final forfeiture of assets which were attached through a preservation order.

“The order followed SIU investigation into a Transnet project for the construction of a pipeline for the high pressure transportation of liquid petroleum from Durban to Heidelberg. The project was managed by Mr Msagala, who at the time was employed by Transnet as Group Chief Executive: Transnet Capital Projects,” said the Unit.

The project for the construction of the pipeline was awarded to IGS Consulting, whose sole member was Sipho Sithole. The company was awarded additional contracts at a later stage by Transnet. It is alleged that Msagala was engaged in unlawful activities with IGS Consulting.

The Special Tribunal dismissed the application for leave to appeal and ordered Msagala and his Trusts to pay the costs of the application, including the costs of the SIU’s two legal counsel.


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