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A tender fraud case worth R400 million is scheduled to go to trial in May 2024, with four individuals and three companies facing 34 charges including fraud, corruption, money laundering, and contravention of the Public Finance Management Act. The case relates to the awarding of a tender by the North West Provincial Government (NWPG) to airline SA Express in 2014. The State alleges that the tender was irregularly secured and that monies were paid for services not rendered, prejudicing the Provincial Government of millions of Rands. Pre-trial conferencing is expected to commence in January 2024.

Wednesday, August 16, 2023

Four people are expected to have their day in court in May next year in a case related to tender fraud amounting to some R400 million.

The tender was awarded to airline SA Express by the North West Provincial Government (NWPG) in 2014 and was subject to scrutiny at the State Capture Commission, which subsequently recommended a criminal probe into the matter.

In the dock in May 2024 will be former head of the provincial Department of Transport, Thabang Mohlokoleng; Tebogo Van Wyk, Nothando Dube and Sipho Phiri, together with companies, Batsamai Investment Holdings, Sevilex Investment Holdings and Lavao Estevao (PTY) Ltd.

The four face 34 charges including fraud, corruption, money laundering and contravention of the Public Finance Management Act, with charges of racketeering also expected to be added to the docket.

According to the National Prosecuting Authority (NPA) regional spokesperson Henry Mamothame, the charges stem from the provincial government’s 2014 bid to reintroduce commercial airlines to airports in Mmabatho and Pilanesberg on a subsidy of some R400 million.

“An amount of R183 million was then paid to SA Express between 2015 and 2017, for the services rendered by the ground management companies, which Van Wyk, Dube and Phiri are linked to. The State alleges that of the amount… R51 million was channelled irregularly through the charged companies,â€ he said.

Mathomane said the tender awarded to the airline was done without “following the proper supply chain management processesâ€.

“The irregularly secured agreement is said to have been signed by the fourth accused. Mohlokoleng signed on behalf of the Department of Transport as the then Accounting Officer, in his capacity as the head of the department. The deal was allegedly riddled with procurement irregularities and monies were paid for services not rendered.

“The irregularities prejudiced the North West government of millions of Rands that could have been directed to service delivery,â€ Mamothame said.

Pre-trial conferencing is expected to commence in January 2024. – SAnews.gov.za

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Summary

On August 16, 2023, it was announced that four individuals and three companies will be facing trial in May 2024 for their alleged involvement in a tender fraud case worth R400 million. The case revolves around a tender awarded to SA Express by the North West Provincial Government (NWPG) in 2014 for the reintroduction of commercial airlines to airports in Mmabatho and Pilanesberg, with a subsidy of R400 million.

The four accused individuals are:

1. Thabang Mohlokoleng, the former head of the provincial Department of Transport
2. Tebogo Van Wyk
3. Nothando Dube
4. Sipho Phiri

The three companies implicated are:

1. Batsamai Investment Holdings
2. Sevilex Investment Holdings
3. Lavao Estevao (PTY) Ltd.

The accused are facing 34 charges, including fraud, corruption, money laundering, and contravention of the Public Finance Management Act. Additionally, charges of racketeering are expected to be added to the docket.

According to the National Prosecuting Authority (NPA), the charges arise from the provincial government’s 2014 bid to reintroduce commercial airlines to airports in Mmabatho and Pilanesberg. An amount of R183 million was paid to SA Express between 2015 and 2017 for services rendered by ground management companies linked to Van Wyk, Dube, and Phiri. The State alleges that R51 million of this amount was channelled irregularly through the charged companies.

The tender was awarded without following proper supply chain management processes, and the agreement was signed by the fourth accused, Mohlokoleng, on behalf of the Department of Transport. The deal was allegedly riddled with procurement irregularities, and monies were paid for services not rendered. The irregularities allegedly prejudiced the North West government of millions of Rands that could have been directed towards service delivery.

Pre-trial conferencing is expected to commence in January 2024.

Government of South Africa

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