Lucky Montana Lays Criminal Complaint Against SIU Over R15.75m Property Freeze

PRETORIA – Former Passenger Rail Agency of South Africa (PRASA) Group Chief Executive Officer Tshepo Lucky Montana has opened a criminal complaint against the Special Investigating Unit (SIU), accusing the agency of abusing its powers and unlawfully gathering and publicising information about his properties.

Montana lodged the complaint at the Brooklyn Police Station in Pretoria following the SIU’s announcement that it had obtained an interim preservation order from the Special Tribunal freezing two properties linked to him.

The properties, with a combined value of R15.75 million, include a luxury home in Hurlingham, Johannesburg, purchased for R13.5 million, and another property in Waterkloof, Pretoria, bought for R2.25 million.

The preservation order prevents Montana from selling, transferring, leasing, encumbering or otherwise dealing with the properties while the SIU pursues civil recovery proceedings. The Registrar of Deeds has also been directed to place caveats on the title deeds to prevent transactions involving the properties.

The preservation order stems from an SIU investigation into PRASA’s R5.6 billion Integrated Security Access Management System (ISAMS) contracts.

According to the SIU, investigators uncovered what they described as a “direct and uninterrupted money trail” linking the two properties to proceeds allegedly derived from the PRASA contracts.

The unit says funds used to acquire the properties were traced through companies associated with the TMM group and Precise Trade and Invest 02 (Pty) Ltd. The director of Precise Trade and Invest 02 also acted as the legal representative of the TMM Group.

The SIU has further alleged that Montana’s legitimate income could not account for the purchase of either property.

The ISAMS project was initially introduced ahead of the 2010 FIFA World Cup, although budget constraints limited its initial implementation. PRASA later expanded the project and ultimately awarded a significant contract to Siyangena Technologies, a subsidiary of TMM Holdings.

The SIU’s investigation into the contracts forms part of a broader probe authorised under Proclamation R.153 of 2024, covering the period from January 2010 to February 2024.

Montana disputes SIU’s conduct

Montana has rejected the SIU’s conduct following the preservation order and says the agency went beyond its legal powers.

In his statement, he accused SIU leadership, including acting head Leonard Lekgetho and Chief Forensic Investigator Smangaliso Mkhwanazi, of orchestrating what he described as a media campaign designed to damage his reputation.

“Today’s action is different. The decision to open a criminal complaint relates to the SIU’s conduct after they obtained their interim preservation order,” Montana said.

He alleged that the SIU had embarked on a “well-orchestrated media campaign” to defame him.

Montana has also accused the unit of conducting aerial surveillance of his properties using drones without his knowledge or consent. He argues that the alleged collection and subsequent dissemination of footage violated his privacy rights under the Protection of Personal Information Act (POPIA).

Former Passenger Rail Agency of South Africa (PRASA) Group Chief Executive Officer Tshepo Lucky Montana has opened a criminal complaint against the Special Investigating Unit (SIU)

“The footage was obtained unlawfully and was disseminated to the public solely to discredit me,” he claimed.

He has further alleged that the SIU violated sections 2, 4 and 8 of the SIU Act by abusing its powers and taking actions that, in his view, fell outside its legal mandate.

Montana argues that such conduct could expose the unit to criminal liability and has called for accountability over what he characterises as the misuse of public resources.

In his statement, he also challenged the legal process followed by the SIU, arguing that an organ of state should first approach a court for a provisional order before taking action of this nature. He said the SIU approached the Tribunal to obtain a provisional order pending the submission of an opposing notice.

The preservation order against Montana is interim and does not amount to a final finding that the properties were acquired with proceeds of unlawful conduct.

The Special Tribunal has directed the respondents to appear on 11 August 2026 to explain why the interim preservation order should not be made final.

The SIU has also been ordered to institute the main proceedings against Montana within 30 days of the preservation order.

The outcome of those proceedings will determine whether the preservation order is ultimately confirmed and whether the SIU succeeds in its broader civil recovery action.

Montana has previously laid charges against state officials

The latest complaint is not the first time Montana has turned to criminal charges while challenging the conduct of a state institution.

In October 2025, he laid criminal charges against South African Revenue Service Commissioner Edward Kieswetter, alleging that tax officials had fabricated a court judgment to justify a R55 million tax liability against him.

SARS rejected the allegations, saying Montana had previously raised the same claims before the Gauteng Division of the High Court in Montana v Commissioner for the South African Revenue Service and had subsequently applied for leave to appeal the judgment.

SARS also disclosed that Montana had submitted a compromise offer of R5.4 million to settle a disputed tax debt of R55.1 million. The revenue service said this undermined his public claims that the tax debt itself was fraudulent.

The history provides context to Montana’s latest confrontation with a state institution, although the merits of the current criminal complaint against the SIU will have to be determined through the appropriate legal processes.

The SIU has maintained that the preservation order is an important step in protecting assets while its civil recovery proceedings continue.

“The SIU welcomes the Tribunal order and regards the decision as an important step in safeguarding assets pending the finalisation of civil recovery proceedings,” the unit said when announcing the order.

It added that it remained committed to recovering financial losses suffered by the state, holding those responsible accountable and protecting public resources from corruption.

Montana, meanwhile, says he intends to pursue his complaint against the SIU leadership.

“I expect law enforcement agencies to act accordingly, and I will not back down in the pursuit of justice,” he said.

The next significant development is expected on 11 August, when the parties return to the Special Tribunal to argue whether the interim preservation order should be made final.