AG moves to overturn court order protecting Mzwinila's family

 

Former Minister Kefentse Mzwinila

The Attorney General has appealed against a ruling by Justice Barnabas Nyamadzabo, which barred the Directorate on Corruption and Economic Crime (DCEC) and the Department of Immigration and Citizenship from conducting further warrantless searches or seizures of former Minister Kefentse Mzwinila and his family’s properties.

Justice Nyamadzabo also declared the flagging of the passports of Mzwinila and his wife, Bridget, unlawful and ordered that the restriction be lifted.

“The Respondents are directed to immediately return all seized items together with a full account of the same. The Applicants are granted an interdict against any further unlawful interference with payments to the 3rd Applicant. The Applicants are granted costs of suit as agreed or as taxed,” Nyamadzabo ruled.

The decision followed an urgent application filed on 8 December 2025 by the three Applicants, seeking reliefs including; A declaration that the passport flagging was unlawful and its immediate lifting; An interdict restraining further warrantless searches or seizures of their properties; An order for the return of all seized items with a full account; and An interdict against interference with payments to the Applicants.

Government Attorney Osego Garebamono confirmed the appeal, stating that the Attorney General and respondent parties “respectfully disagree” with several findings.

He argued that although the Applicants sought interim relief, the order granted was final in both content and effect, effectively awarding substantive relief not requested. “The respondents will further seek to ensure that the matter is determined as expeditiously as possible in the interest of legal certainty and the proper administration of justice,” Garebamono said.

Justice Nyamadzabo had found that the Applicants demonstrated urgency, citing ongoing intrusions, unlawful seizures, detention of staff, and alleged misuse of PICA in relation to Rootlet (Pty) Ltd, a client of the 3rd Applicant.

He concluded that the Applicants had sufficiently established, on a balance of probabilities, a case for the reliefs sought.