Disgraced former Prasa executive Daniel Mtimkulu “could have made good progress within Prasa ... even if he had no qualifications” in positions that did not require any, but instead “became ambitious and greedy”, which ultimately led to his downfall and the hefty jail-term handed to him for fraud.
This is how Mtimkulu was described by magistrate Philip Venter as he handed him a 15-year prison sentence after his conviction more than two years ago on three counts of fraud. The sentences will run concurrently.
Mtimkulu was fired in 2015 as chief engineer by the Passenger Rail Agency of South Africa (Prasa) for falsifying his qualifications and submitting a fake employment offer from a German company to bump up his salary.
Mtimkulu claimed he had a national diploma in mechanical engineering and a BTech degree in engineering (maintenance) from the Vaal University of Technology‚ a degree in mechanical and maintenance engineering from the University of the Witwatersrand‚ a master's degree in engineering and a doctorate in engineering management.
His fraudulent behaviour came to light after a media article prompted an internal investigation by the rail agency, which revealed he “lacked the necessary qualifications”.
A criminal case was opened that same year and was later referred to the Hawks’ serious economic offences unit.
Magistrate Venter, when handing down the sentence in the Palm Ridge magistrate's court, spent a considerable amount of time summarising the history of the case and Mtimkulu's spectacular fall from grace.
Venter explained Mtimkulu was employed by Prasa from around 2001 as an engineering technician and “in relatively short intervals” over 10 years, “managed to achieve promotions” from rolling stock trainee to executive engineering services manager.
His salary shot up from R84,000 in 2001 to R1.65m per annum in 2010.
In June 2010, Mtimkulu submitted a “letter” from a German company offering him a salary package of about R2.8m.
“This letter prompted Prasa to match this offer and adjust his salary accordingly from September 1, 2010. As a result of the aforementioned letter, in July 2010 he submitted to Prasa a letter purporting to confirm that he had been awarded a doctorate by Technische Universitat Munchen in Germany as well as a letter purporting to be from the Institute of Mechanical Engineering confirming that he was an accredited member of this upstanding institution.
He could've made good progress within Prasa and manage to better his salary structure, even if he had no qualifications albeit not promoted to any position requiring one. He however, became ambitious and greedy and this seems to have promoted his fraudulant conduct
— Magistrate Philip Venter
Five years later, in 2015, and after the media exposé, Mtimkulu then submitted his national diploma and bachelors of technology in engineering — both from VUT — “for vetting purposes”.
These qualifications, Venter noted, turned out to be “all false, forged and non-existent”.
“The tertiary qualifications throughout these years and the false profile he created was the driving force and motivation which entitled him to be promoted.”
Turning to his personal circumstances, Venter revealed Mtimkulu was the father of two children and embroiled in a paternity dispute over a third child, who is two years old. His oldest child, a 23-year-old son, obtained an engineering degree in 2023 and is studying further.
He is the fourth of seven children and was primarily raised by his grandparents due to a contentious relationship with his siblings.
Venter noted findings made by the probation officer ahead of sentencing, who said Mtimkulu “still maintained his innocence” even after conviction.
“As during the trial, he maintained that all the salary increases were due to his exceptional performance and skills level.
“It is evident ... that in the face of overwhelming evidence of guilt, that he does not display any sign of remorse or penance. Instead, he puts the blame on unknown third parties with a political agenda. The lack of remorse is not an aggravating factor but rather points to a poor prognosis of rehabilitation,” Venter noted.
Speaking of Mtimkulu's offence, the magistrate noted that Mtimkulu was held in “high regard” by his former colleagues while Prasa “placed a high degree of trust” in him before his firing.
The latter was evidenced by his “swift” climb up the corporate ladder and his appointment to positions where “leadership and integrity” were key.
“He could have made good progress within Prasa and manage to better his salary structure, even if he had no qualifications albeit not promoted to any position requiring one. He, however, became ambitious and greedy and this seems to have promoted his fraudulent conduct.
“The breach of trust towards the employer was so brazen that it invokes a sense of disgrace and disbelief. He shows signs of premeditation and planning in his conduct in how he managed to prepare, manufacture and source the [fake] qualifications, CV and [offer letter]. He, in other words, had time to reflect and think about his conduct pre and after commission,” Venter said.
Mtimkulu, through his lawyer Ntsiki Isaacs, stated his intention to bring an application for leave to appeal his conviction.
Speaking outside the court, Isaacs said: “He respects the judgment of the court but respectfully disagrees with his convictions on [all] counts and instructed his counsel to move an application for leave to appeal on September 19 against the convictions.
“He is exercising his constitutional rights to apply for leave to appeal,” she said.
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