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I lost all my businesses and the empire I had built through blood and sweat. Employees lost their jobs. Everything came to ground zero.

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Sizwe sama Yende

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Embattled businessman, Tuwani Matthews Mulaudzi, has instituted a R5billion lawsuit against law enforcement agencies for destroying his life after they unsuccessfully prosecuted him for fraud, theft, money laundering and racketeering.

The Pretoria Commercial Crimes Court vindicated Mulaudzi in June 2022 following an eight-year trial that started after his arrest in 2014.  

Mulaudzi is executive chairperson of Luvhomba Group, which has an interest in mining, IT, consulting and retail.

He witnessed his business empire being liquidated after Old Mutual accused him of ceding his R48 million investment to Nedbank but demanded that it be paid to him when it matured.

Mulaudzi had taken a R33 million investment frontiers policy with Fairbairn Capital, underwritten by Old Mutual.

The Assets Forfeiture Unit (AFU) in the National Prosecuting Authority (NPA) froze Mulaudzi’s assets following the accusations. The NPA said he ceded the policy to Nedbank in return for R37.6 million. The NPA said that Mulaudzi tried to buy back the policy from Nedbank in 2012, but the bank refused. He then used the same policy to get an overdraft facility at Absa.

PAY R5BN BY END OF JUNE

Mulaudzi’s lawyers, Ntozake Attorneys, served a notice to institute legal proceedings to National Police Commissioner, General Fannie Masemola, and the provincial police commissioners of Gauteng, KwaZulu-Natal and the Western Cape on May 30.

The notice was also served to the NPA and Minister of Justice and Constitutional Development, Ronald Lamola.

The legal proceeding pertain to Mulaudzi’s unlawful arrest, detention and subsequent malicious prosecution.

“As a result of the unlawful arrest, detention and subsequent malicious prosecution, our client suffered damages of an amount of an estimate of R5 billion. We reserve the right to augment this claim if expert evidence warrants same,” reads the notice.

The state has until the end of June to pay the amount or answer in court.

Mulaudzi said that he and his family went through a rollercoaster ride because of this case.

“You can imagine what my kids went through at school, when they had to make do with their peers scorning and ridiculing them, let alone being told to leave school due to unpaid school fees and tuition,” Mulaudzi said.

“I lost all my businesses and the empire I had built through blood and sweat. Employees lost their jobs. Everything came to ground zero,” he added.

Mulaudzi said that the case affected his health. ”We’re going after everyone who was involved in these wrongful accusations and malicious prosecutions, which led to the demise of everything I ever worked for, but also the damage to my integrity and reputation.”

FIGHT WITH THE MASTER OF THE HIGH COURT

Although Mulaudzi has won the case two years ago, he still cannot access his assets due to corruption engulfing the Master of the High Court.

The Master of the High Court officials are withholding his assets and cash worth R105 million.

Mulaudzi has since reported the matter to the Special Investigating Unit to investigate what believes is collusion between trustees, liquidators and staff members in the Master of the High Court’s office.

The People’s Eye has seen an e-mail Mulaudzi wrote to acting chief master, Advocate Kanyane Mathibe, on April 29 complaining about behaviour of his officials, the trustees and liquidators.

“I have been having a tough time dealing your staff, to a point where I have had to get the SIU involved. Your staff - brazenly, rudely and arrogantly - refuse to implement court orders,” Mulaudzi wrote.

“To date, my family have to endure the humiliation of properties being auctioned and face evictions because of unscrupulous trustees and liquidators, whom I have reasonable belief they are in cahoots with your staff. I have brought this issue to the attention of the then Acting Chief Master, Ms. Penelope Roberts, to no avail. I hope that you will be in a position to assist,” he continued.