Last week Justice Pusoentsi Mojapelo ruled that Kgosi’s widow, Matlho Jennifer Kgosi, is entitled to have the remaining restrained property restored to her estate after authorities failed to justify keeping the assets frozen. The case exposed how the State’s 2019 restraining order swept up property belonging to Kgosi’s wife, despite the couple having been married out of community of property. “It turned out that certain properties listed in the said order did not belong to Kgosi but to his wife Mrs Jennifer Matlho Kgosi, the current Applicant,” the judgment reads. The court records show that Kgosi’s widow was forced to approach the High Court after discovering that properties belonging to her had been caught in the restraint order obtained against her late husband.
The parties eventually reached a consent order allowing her to continue occupying her Phakalane property under agreed conditions, but other property remained under restraint. Kgosi’s widow, who was later appointed curator bonis of his estate, sought the discharge of the July 2019 order and the restoration of the restrained assets. The State fought the application, arguing that the properties had to remain frozen while investigations continued. But Justice Mojapelo was unconvinced as he found it particularly troubling that investigations had started as far back as 2011 or 2012, yet the State only moved to restrain Kgosi’s property in July 2019, about eight years later.
