By BAKANG MOKOTO

A R400 million tender corruption case against four accused was postponed by the Molopo Magistrate’s Court to 30 March 2023. Tebogo Van Wyk (40), Nothando Dube (44), Sipho Levy Phiri (39) Thabang Mohlokoleng (54) were arrested by the Hawks’ Serious Corruption Investigation team in North West.

The accused are facing 34 counts, including fraud, corruption, money laundering and contravention of the Public Finance Management Act (PFMA). The National Prosecuting Authority (NPA) spokesperson in North West, Henry Mamothame said, The Hawks report revealed that the accused were arrested in Gauteng and Mahikeng, respectively on 29 September 2022.

“The report further indicates that in 2014, the North West Provincial Government (NWPG) embarked on the process to reintroduce commercial aircraft to the province’s two airports, Mahikeng and Pilanesberg on a subsidy estimated at R400 million.

“The 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 off the R83 million, an amount of R51 million was channelled irregularly through the charged companies,” Mamothame said.

He further said, the North West government allegedly appointed S.A Express as a service provider to render the service, but this was done without following the proper supply chain management processes. Mamothame added that, the irregularly secured agreement is said to have been signed by the four accused.

“All three companies, Batsamai Investment Holdings, Sevilex Investment Holdings and Lavao, Estevao (PTY) LTD were appointed to do the ground handling services and were indirectly owned by Dube and Phiri.

“The irregularities prejudiced the North West government of millions of rands that could have been directed to service delivery. The case was recommended for investigation by the Zondo Commission, and the DPCI will continue the investigations as recommended,” said Mamothame.

It is alleged that, Mohlokoleng signed on behalf of the North West Community Safety and Transport Management, as the then accounting officer in his capacity as the Head of Department (HoD). Mamothame said the deal was allegedly riddled with procurement irregularities and monies were paid for the services not rendered.

“This will be conducted in phases, with a possibility of more charges and arrests being effected. The case was postponed to await the outcome of the application that was made to the office of the National Director of Public Prosecutions, for more charges of racketeering to be added and for the matter to be centralised, as some offences were commissioned in the jurisdiction of the Gauteng Local Division.

“Further particulars relating to the case have been shared with the defence attorneys and the state has committed to share the remaining documents before the matter resumes in March 2023,” he said.

Van Wyk was granted R500 000 bail, R35 000 for Dube, R150 000 for Phiri and R50 000 for Mohlokoleng. Their bail conditions are that, they should not evade court on the next appearance, refrain from interfering with witnesses, and inform the investigating officer should they wish to leave their area of jurisdiction.

Mamothame said the court granted Mohlokoleng five days to submit his passport after he indicated that his passport was missing. He said Mohlokoleng was also ordered to report to his nearest police station every day between 06h00 and 18h00 until the passport is surrendered.

“The state will in this period provide the defence attorneys with the indictment and other necessary documents in preparation for trial,” said Mamothame.

taungdailynews@gmail.com

By REGINALD KANYANE

More than 170 000 jobs were saved through the Commission for Conciliation Mediation and Arbitration (CCMA) dispute resolution initiatives since 2016, said CCMA Executive Director, adv Sello Morojane.

According to Morajane, one job loss is one too many in the current challenging economic climate. He said the CCMA’s posture is to remain a dispute resolution agent and everything else will be about support services.

“On the eve of COVID-19, the CCMA was in the throes of embarking on a number of innovations and these had to be shelved. Now that the COVID-19 pandemic risk has subsided, it is time the organisation does things differently.

“All of us must adjust, adapt and evolve with time without going backward. COVID-19 has changed the course of time and how we do things. So, does our attitude towards work and how we tackle cases. There were things that, we had for the future, but the future came to us,” he said.

Morajane emphasised that the CCMA users will continue to remain a top priority. He also appeals to commissioners to avoid postponing cases unnecessarily and always engage with clients.

“We are an institution of statutory creation – born out of the belly of South Africa’s constitution led by the values of the constitution – and we live those values. During the COVID-19 pandemic, many institutions closed down. However, the CCMA stepped up.

“It was one of those times when our leadership skills were tested. Some of our officials died, while others were infected. Also, some have not healed because the COVID-19 pandemic is still in our midst. We served the public during the COVID-19 pandemic and stood the test of time,” said Morejane.

He further said when the National Minimum Wage (NMW) was introduced, it was not an Act, but a statement – about economic development. Morejane added that they must ensure that, it is enforced.

“The importance of language and culture – in dispute resolution especially during the conciliation stages. Parties understand the dispute better in their own language. Clients should be encouraged to speak in the language of their choice untranslated.

“The switch to English often goes with ego. We must unlock the use of 11 official languages, then we will see a radical change in dispute dissolution. I also want to caution commissioners against finalising an award and later walking away,” said Morejane.

He said commissioners must ensure that they enforce the execution in the name of social justice.

“The value of the award is in the execution. So, the idea is to complete and close the deal, then there will be true value in what we do. There is also a need to train commissioners on the rules and guidelines. Another project of concern to CCMA is the operation model and funding design.

“Since the CCMA opened its doors more than 25 years ago, it has handled more than 3.7 million cases. In the process, the CCMA issued more than 547 000 awards, and 130 00 of those awards were enforced. The enforcement of awards is a worry for us,” he said.

taungdailynews@gmail.com

By OBAKENG MAJE

The opposition parties at the Greater Taung Local Municipality (GTLM) have opened a fraud case against the beleaguered Dikagisho Mokoma, who is the municipal Director of Corporate Services.  

This comes after Mokoma was implicated in the findings of the investigative report tabled by the Matshego Ramagaga Attorneys. The independent law firm was appointed by the municipality to investigate allegations of misconduct against Mokoma.

She allegedly misled the previous council over danger allowance for the COVID-19 pandemic. This resulted in the municipality ‘illegally’ paying senior managers and directors a monthly R2500 as danger allowance, instead of a standard flat rate of R1500.

According to the investigative report, the municipality has lost R508 500 due to Mokoma’s alleged conduct. The Patriotic Alliance (PA) councillor in the Greater Taung Local Municipality (GTLM), Mmoni Letele said, the council delegated the former Municipal Manager, Katlego Gabanakgosi to commission investigations against Mokoma.

“So, during the council meeting, we discussed two important items that formed part of our agenda. Firstly, there was the implementation of a council resolution. You will remember that, on 9 October 2022 during a special council meeting, we took a resolution that the danger allowance policy be adjusted.  

“So, we expected the acting municipal manager, Andrew Makuapane to outline his plans on recouping those R1000s that were paid to senior managers and directors. There was also a representation of investigative report on danger allowance, including findings on the allegations that Mokoma has misled the previous council,” she said.

Letele further said, the investigative report findings suggest that, Mokoma has misled the council. She added that, the LLF and council resolved that each employee should get R1500 as the standard flat rate.

“The findings of the investigative report also suggest that the initial agreement was a draft, but Mokoma unilaterally amended it. When she was asked why did she ‘illegally’ amend the draft report, she gave an excuse that she did this in order to compensate senior managers and directors because they do not get overtime.

“So, she amended the LLF agreement fraudulently, hence we opened a criminal case. As usual, the ANC councillors used their majority and refused to implement the recommendations of the investigative report even though it was adopted and seconded. They suggested that the report be deferred for three weeks without any valid reasons,” said Letele.

According to Letele’s suspicions, the ANC councillors deferred the report for three weeks because they know that will mark the end of Mokoma’s suspension. Letele said, the ANC councillors want Mokoma’s three months suspension to lapse so that she can return to work without facing any disciplinary hearing.  

“Mokoma should be held accountable and pay back R508 500 that the municipality has lost due to her decisions. The fraudulent amendment executed by her has cost the municipality to lose R508 500 due to those extra R1000s paid to senior managers and directors.

“This money should have been allocated for service delivery. But the municipality has lost money because of Mokoma’s action and manipulation,” she said.

The African Independent Congress (AIC) councillor, Salvation De Kuker shared the same sentiments. De Kuker said they hope to find a lasting solution to this matter.

“It cannot be possible that the ANC councillors use their majority to go against what is right. So, we believe that the law enforcement authorities will assist us to ensure that justice prevails,” she said.

Meanwhile, the North West police spokesperson in Dr Ruth Segomotsi Mompati cluster, Warrant Officer, Tryphosa van Rooyen said: “A case of fraud was opened at the Taung Police Station against an employee of the Greater Taung Local Municipality on Tuesday.

“However, no arrest has been made at present and an investigation is underway by the Taung Detectives.”

taungdailynews@gmail.com