Cape Town - The case against the group of suspects, including South Cape TVET College former employers who were accused of enriching themselves with R24.1 million meant for major construction projects, has been transferred to the George Regional Court for pretrial.
Eight people were arrested by the Hawks’ Serious Commercial Crime Investigation team last month on charges of corruption and fraud, alternatively theft.
A ninth person, Zukiswa Ziqu former chief financial officer (CFO) at the college, was arrested last and has now been released on R5000 bail.
“The matter against all the other eight accused, who had also appeared on May 11 was postponed to July 5, 2023 to appear alongside Ziqu for Pre-trial at the George Regional Court,” said Hawks spokesperson Zinzi Hani.
The accused include former college CEO and principal Luvuyo Ngubelanga, his deputy Alisile Dyabaza, Prudence Dingiswayo, Patrick Mbebe, Sokhawulela Hire and General Trading CC owned by Mbebe, Pieter Sam, Andreas Ngubeni, Inyameko Building Construction owned by Ngubeni, Nomathamsanqa Msizi, Tamaristos General Trading and Max n Mzo Projects both owned by Msizi, and Shadrack Njozela.
The State alleges that between 2010 and 2014, Ngubeni’s construction company was requested to submit 25 quotations.
This was for construction and related alterations across all the South Cape College TVET Campuses.
They were accused of allegedly resolving to unlawfully and intentionally submit non-compliant bid documents and quotations.
“These were intended for the construction and renovation of all campuses including George Campus, Beaufort West, Bitou in Plettenberg Bay, Hessequa in Riversdale, Mossel Bay and Oudtshoorn.
National Prosecuting Authority spokesperson Eric Ntabazalila said Ngubelanga, Dyabaza, Dingiswayo, Mbebe, and Sam, acting in common purpose, approved quotations submitted by the construction company, although there was no valid tax number, no construction industrial development board certificate, and no declarations form as supporting documents.
“The appointment of the construction company led to the exclusion of other competitors which was contrary to sections 1, 4, and 8 of the Procurement and Supply Chain Management.
“The three sections of the Procurement and Supply Chain Management dictate that the institution must derive the best value for money from its purchasing activities; preserve fair trade relations with the suppliers.
“This must follow a system that is fair, equitable, and transparent, competitive, and cost-effective.
“Require the institution to establish, implement and maintain a procurement policy that is fair, equitable, transparent, competitive, and cost-effective,” said Ntabazalila.
The state further alleges that the accused colluded using various forms of fraud and manipulation, in order to ensure that the 25 construction contracts were guaranteed for Inyameko Building Construction.
“Also, Ngubeni and his company knew that the total payments of over R 24 million by the institution were not acquired fair, equitably, and transparently, let alone a competitive and cost-effective process as follows.
“They knew that accepting the favour or advantage from the accused was unlawful and intentional,” said Ntabazalila.
Cape Times