Top former officials of Office of Eastern Cape Premier Mabuyane appear in court on fraud charges

Former senior officials from the Office of Premier Oscar Mabuyane and directors of a company implicated in an allegedly fraudulent R20-million tender for the provision of equipment to Nelson Mandela Bay schools appeared in the Zwelitsha Magistrates’ Court on Tuesday, 12 December.

The affected schools are the Kama Primary School in New Brighton, Khumbulani High School in Gqeberha Central, Red House Primary School in Red House, Mfesane High School in Kwanoxolo and Joe Slovo Primary School in Kwanobuhle.

Among those who appeared in court were Marion Mbina-Mthembu (57), former director-general in the Office of the Eastern Cape Premier; former chief financial officer in the same office, Myirhakazi Hannah Ntsingila (56); and the 55-year-old former acting head of the Eastern Cape Department of Education, Sizakele Nontsikelelo Netshilaphala.

Eastern Cape Hawks spokesperson Captain Yolisa Mgolodela said: “It is alleged that in January 2016, the Department of Education requested the Eastern Cape Office of the Premier to assist with the emergency procurement of 72 temporary classrooms and furniture to be deployed in the Gqeberha and Uitenhage area.”

At the time, parents in the Nelson Mandela Bay metro were protesting over severe overcrowding in schools. 

A company was appointed after a tender worth more than R20-million was issued. 

“Information was received implicating senior officials in following improper procurement processes during the appointment of the said company. It was also further alleged that the preferred service provider was closely linked to the senior officials in the Office of the Premier. Further allegations are that the delivery of the said classrooms was not completed within the province but funds allocated accordingly were exhausted,” Mgolodela said. 

The matter was reported to the Hawks and eight suspects from Gauteng were arrested during the early hours of Monday morning.

One of the accused, Marion Mbina-Mthembu, took early retirement from the Premier’s Office four years ago after a Public Protector’s report found she had wrongly diverted funds from the Eastern Cape Development Corporation earmarked for social infrastructure to the funeral for the late president Nelson Mandela.

Myirhakazi Ntsingila resigned after a disciplinary hearing following what Premier Mabuyane described as a “confidential matter”.

Sizakele Netshilaphala was once widely respected for her administrative capabilities.

The private sector accused are Athi Canzi Magwentshu (45), Deon Gerhard Pieterson and Akabonwa Nelson Lephoko, all of whom are directors of Habitat Modular Construction, the company that was awarded the allegedly fraudulent tender.

Another accused, Koleka Mthembu, is the director of GRM Internal Audit and IT Risk Consulting, where payments for the project were allegedly deposited for distribution to the service providers.

Ntebellang Nkoane (41), also an accused, is the director of Forward We Go Co-operative, which was in a joint venture with Habitat Modular Construction.

The accused have been charged with fraud, forgery, uttering and contravention of the Public Finance Management Act.

They were released on bail ranging between R5,000 and R10,000 bail, and are scheduled to appear in court on 5 April 2024. DM