Former deputy mayor convicted of fraud over R20k school uniform tender

Former Cederberg deputy mayor Benjamin Zass has been convicted of fraud in the Bellville commercial crimes court in connection with a R20,000 tender to supply school dresses for disadvantaged pupils. 

Eric Ntabazalila, Western Cape National Prosecuting Authority spokesperson said advocate Andre Botman successfully prosecuted Zass on charges of fraud and contravention of the Municipal Finance Management Act after a complaint by a service provider, Louisa Swartz.

She was the sole owner of RJ Swartz, a company listed on the Cederberg municipality supplier database and tendered for the municipality’s ‘Back to School Project’ quoting R20,000 to supply school dresses to 100 pupils from disadvantaged backgrounds.

“On January 23 2018, the municipality deposited R20,000 into her business bank account. Shortly after she received a call from the accused informing her the municipality had decided to manage the project, and she was required to return the funds deposited into her business bank account minus R500 for administration costs,” Ntabazalila said.

“She requested the municipality’s banking details to deposit the money, but the accused asked her to meet him outside a local grocery store and bring the money in cash.”

Swartz testified she was not comfortable carrying such a large amount of money in a paper bag and asked her son to accompany her.

Zass told the court he had acted on the instruction of the municipal manager Henry Slimmert, but the latter denied that saying his department signed off the invoice confirming receipts of the goods, which was not the case.

Slimmert testified council members including the deputy mayor were prohibited from interfering with suppliers. The CFO and the accountant also testified it was improper for councillors to interfere with procurement procedures.

Botman told the court the municipality operates under internal regulations and legislation which stipulates no person may interfere with the supply chain management of a municipality or municipal entity.

Botman led evidence by seven witnesses including Swartz, her son Sgt Rodney Swartz, Zass’s former driver Collin Davids, Slimmert, accountant Johan Francois van der Westhuizen, CFO Michael Adrian Smit and investigating officer Sgt Mokwena.

According to evidence led, Zass contacted Swartz and told her he would oversee the project directly from his office. This meant instead of allowing the supplier to deliver the school uniforms to the needy children, he abused his position of trust.

The court rejected his version of events and found him guilty. He will be sentenced on May 29. 

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