North West Director of Public Prosecutions set to play hardball on graft through NPA, police cooperation

9 Dec 2022

Dr Rachel Makhari-Sekhaolelo, Director of Public Prosecutions in the North West has set her sights on a number of high-profile cases of fraud and corruption including the Gupta-linked Mediosa case which saw millions spent on mobile clinics that were never used.

Speaking ahead of International Anti-Corruption Day on 7 December, Dr Rachel Makhari-Sekhaolelo said corruption was widespread and infecting most sectors of society, seriously undermining South Africa’s development potential.

According to the United Nations, corruption has a negative impact on all aspects of society and is inextricably linked to conflict and instability, jeopardising social and economic development and undermining democratic institutions and the rule of law.

On Wednesday, Makhari-Sekhaolelo gave an update on strategy and overall performance, especially in dealing with priority crimes in the North West Division,

Read in Daily Maverick: “North West is the focal point of more than 50 criminal cases involving the theft of public money.”

“Our journey has not been easy. Our current strategy was crafted out of the ashes of State Capture and birthed into the start of the Covid-19 pandemic. Despite notable progress, the NPA needs to further harness its resources to maximise impact.

“Levels of serious crimes remain stubbornly high and undermine the rule of law and the public’s trust in the State and the Criminal Justice System. Corruption is widespread and has infected most sectors of society thus seriously undermining South Africa’s developmental potential.”

In turning the tide, she underlined, “we realised that collaboration between the National Prosecuting Authority (NPA) and various branches of the police is of the utmost importance.”

Makhari-Sekhaolelo also emphasised that residents of North West province deserve people who work together with a common goal of service excellence and a goal-oriented desire to solve and prosecute crime.

Dr Andrew Lekalakala, former North West Department of Health HOD; Kgotso Khumalo, former mayor of JB Marks Local Municipality; Thabo Isaac Mokoena, a former Mahikeng local municipal manager; and Betty Diale, a former attorney who is now a member of Parliament in the North West Legislature, were among those on Makhari-Sekhaolelo’s list of high-profile cases pending in court.

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Lekalakala is facing charges relating to the alleged fraudulent awarding of mobile clinics contract to a Gupta-linked company Mediosa Health Pty (Ltd) in 2017. He is facing two charges of fraud; one of contravening the Public Finance Management Act; and another in terms of the Prevention and Combating of Corrupt Activities Act.

It has been alleged that the former head of the province’s health department, Lekalakala, approved payments of R30-million to the Gupta-linked Mediosa before they rendered any services. The mobile clinics were meant to serve rural communities in the North West.

It was also claimed that Lekalakala went on an all-expenses-paid trip to India, funded by the Guptas, just a week after the company was paid R30-million for services that were never rendered. This matter is back in court on 3 April 2023.

Khumalo and his co-accused, Cyril Hendry and Mohau Shuping, are charged with eight counts of theft and fraud at the JB Marks Local Municipality. They have already appeared in Ventersdorp Regional Court and pleaded not guilty to charges of theft and misappropriation of municipal funds.

According to NPA spokesperson Henry Mamothane, the North West University and the Programme for Community Development deposited about R5-million into an attorney’s trust account for the municipality’s use on specific projects.

The three then allegedly siphoned some of the funds for their own benefit through fraudulent means. The R5-million was not reported to the Auditor-General. Khumalo resigned from his position as mayor on 12 May 2021, pending the outcome of his criminal case. The case has been set down for 23-24 January 2023.

Mokoena faces charges of Contravention of the Municipal Finance Management Act (MFMA), as well as the Prevention and Combating of Corrupt Activities Act (Precca). Under his leadership as the accounting officer of the municipality, it invested more than R92-million in the VBS Mutual Bank from August until December 2017.

According to preliminary Hawks investigations, only R7-million of the R92-million that was improperly invested with VBS Mutual Bank was returned to the Mahikeng local municipality.

Mokoena is also accused of receiving gratification in the form of credit facilities, which he used to purchase two expensive vehicles and a house in Klerksdorp, totalling more than R1.2-million. This case will be heard again in court on 7 March, 2023, for a trial date.

Meanwhile, Diale, a former attorney who is now a member of the North West Legislature, is facing six theft charges. Diale is accused of stealing R700,000 from Road Accident Fund (RAF) claimants she represented while still working as an attorney.

The alleged crimes were allegedly committed between 2009 and 2011 and Diale was charged with six counts of theft in June 2021.

Read in Daily Maverick: “Four suspects charged in North West court over dubious multimillion-rand SA Express contract.” DM

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