More accused facing charges of corruption in a R33m tender at Transnet have agreed to pay back the state.
The Special Investigating Unit (SIU) made headway last week in its R33m disposable breathalyser straws tender case before judge David Makhoba at a special tribunal as more accused signed deals with the state.
The tribunal has a statutory mandate to recover public funds lost through corruption and fraud.
The SIU accused two former Transnet employees, the executive manager responsible for group business continuity, Lerato Makenete and former executive manager for safety, Landela Madubane, of defrauding the entity of millions of rand by colluding with the businessmen who won the “unlawful” tender.
Both are opposing the SIU’s application and deny the allegations.
The controversial tender for the straws was awarded to three companies, Ramoyadi Air Conditioning and Electrical, Ndzalo 2 Trading and Eagle Ropes in April 2020. The straws were used to test employees for alcohol.
Ramoyadi Air Conditioning and Electrical, owned by Jacob Ramoyadi and represented by Daniel Berger last week , entered into an agreement with the state to pay back Transnet R100,000.
Ramoyadi’s company received R15m from the tender but transferred R11m to the NJM Trust. The NMJ Trust had supplied Ramoyadi with the straws.
Last month NMJ trustees Nyambeni and Malulo Maphalaphathwa, Mpariseni Mogovhani and Bethuel Mudau agreed to pay back R7m to the state. In agreeing to pay the money the accused were absolved from prosecution.
The money paid by the accused to the SIU will be transferred to Transnet.
Directors of Eagle Ropes also agreed to pay the state money. Director Siyamkela Kevin Jonas agreed to pay R1.2m within four months and former director Nomfundo Shandu, who allegedly received R100,000 signed a deal with the SIU to pay the state R70,000 within four months. Azola Nyingwa, agreed last month to pay the state R767,000. The company was paid R8m by Transnet. All three signed settlements having opposed the case and denied wrongdoing.
The SIU agreed to withdraw initial relief sought against Mafona Ramothwala Incorporated, a firm of attorneys, to pay the state R4.5m.
The firm paid R1.3m to SIU attorneys Motsoneng Bill Attorneys, in connection with the case. Mafona Ramothwala had received the R1.3m in the course of an attorney-client relationship but paid it to the SIU when ordered to do so.
The SIU wants the tribunal to also issue a default judgment against Pearly Ways Consulting & Projects (Pty) Ltd owned by Nelisiwe Ndlela, which received payments from the companies which had won the tender, to pay R7,950,000. The SIU wants Makhindo (Pty) Ltd to pay R1.5m.
SIU forensic investigator Gerrie Isaacs’ court papers detail that some of the money paid to Pearly Ways Consulting & Projects was paid to other entities and individuals, for the benefit of the former Transnet employees.
The money trail graphic provided by the SIU showed Madubane received R121,791, R328,408, R350,000 and R175,742. The amounts came from different accounts linked by the SIU to the tender winners.
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