The Constitutional Court last week ordered the full proceeds from corruption be recovered from the deceased estate of Yolanda Botha, who was an ANC official in the Northern Cape.

Botha, who served in Parliament's social development portfolio committee, died in December 2014 from complications of skin cancer , News24 reported.
The Constitutional Court upheld an appeal by the National Director of Public Prosecutions (NDPP) against a Supreme Court of Appeal (SCA) ruling that the estate of the late Yolanda Botha only pay R750 000 of R1.1 million, which was the full value of renovations the Trifecta group of companies effected on her Kimberley house. The NPA's Asset Forfeiture Unit (AFU) was seeking to recover the money as proceeds of corruption, the NPA said in a statement. The ConCourt ruling means the full amount can be recovered from her deceased estate.Botha, Trifecta director Christo Scholtz and senior ANC leader John Block faced charges of fraud, corruption and money laundering related to leases for government buildings. The Trifecta group of companies entered into a number of agreements with Northern Cape government departments in which rentals or rental space were grossly inflated. Botha was the head of department of the Northern Cape's Department of Social Development from January 2001 until April 2009, when she received the payment from Trifecta. The Constitutional Court at the time ordered that Botha pay the full amount into the Criminal Assets Recovery Account (CARA) within a period of six months, failing which her house would be sold by way of public auction. 'Unprecedented scale of corruption' According to the NPA, Botha had embarked on an "unprecedented scale of corruption" by awarding tenders to Trifecta for the lease of government premises. Trifecta would acquire well-constructed but rundown buildings within the Northern Cape, then renovate them to lease to government at exorbitant rates, resulting in the State incurring a loss in excess of R26 billion. In September 2009, Trifecta started renovation work on Botha's family home that she legitimately acquired in 2004 by means of a bank loan. When Botha was charged by the State, along with the others, for offences of tender corruption and other offences, the AFU applied for preservation and forfeiture orders against the renovations and shares. This was granted by the Northern Cape High Court. "However, the High Court erred at forfeiture stage when it forfeited the entire house. This occurred while Botha was technically not found guilty as she passed away before the criminal case was concluded. Botha's defence to the civil forfeiture was that she had repaid R411 000 to Trifecta for the renovation 'loan' agreement and that this amount ought to be deducted from the R1.1 million, and she persisted with that when she approached the SCA," NPA spokesperson Bulelwa Makeke said. "The NDPP countered that the so-called loan was a sham and an afterthought after Botha realised that she was under investigation by Parliament and the police. However, the SCA agreed with Botha's argument in relation to the deduction of the R411 000 and agreed with the High Court that her shares in Trifecta were forfeitable." 'Excellent extrapolation against corruption' The NDPP approached the Constitutional Court, relying on the legal principle that proportionality ought not to apply to proceeds of unlawful activities. All eight justices agreed and forfeited the entire R1.1 million to the State. "The NDPP strongly believes that the judgment is an excellent extrapolation against corruption as well as settling the legal point that proportionality does not apply to proceeds of unlawful activities," Makeke said. Last year, the SCA upheld a judgment authorising the NPA to confiscate R59.8m belonging to the Trifecta Group. Block was found guilty of corruptly using his political influence to ensure that Scholtz's Trifecta group of companies were awarded lease agreements with various Northern Cape government departments between 2006 and 2008. News24 previously reported that, in exchange, Block received gratifications, including two payments of R228 000 and R500 000. They were found guilty and convicted for corruption and money laundering in the Northern Cape High Court in Kimberley. Both are serving 15-year prison sentences.