Former Seidberg Deputy Mayor Benjamin Zass was found guilty of fraud by the Bellville Commercial Crimes Court, involving a bid of Rs 20,000 to supply vulnerable students.
Western Cape National Procuratorate spokesman Eric Ntabazalila confirmed that advocate Andre Botman successfully sued Zas for allegations of fraud and violation of the Municipal Financial Management Act, following a complaint by service provider Louisa Swartz.
Swartz, the sole owner of RJ Swartz, a company listed in the Cederberg Municipality’s supplier database, has bid for the city’s “Return to School Project” by citing R20,000 for 100 school gowns. On January 23, 2018, the municipality deposited funds into her business account. Not long after, Zass contacted her and informed her that the municipality would directly manage the project and instructed her to refund the funds and reduce the administrative expenses of R500. When Swartz asked for official bank details to repay the money, Zass arranged to meet her outside a local grocery store to collect cash.
Swatts testified that she was upset with such a large amount of money in a paper bag and was upset by her son, Sgt Rodney Swartz. Testimony from the city’s chief financial officer and an accountant confirmed that lawmakers are prohibited from interfering with procurement procedures. Zass claimed he was acting under the direction of municipal manager Henry Slimmert, but Slimmert denied that, proving that his department had signed the invoices on receipt of the goods, which was not the case.
Botman provided evidence to seven witnesses, including her son, former Zass driver Collin Davids, Slimmert, accountant Johan Francois van der Westhuizen, CFO Michael Adrian Smit and investigative officer Mokwena. The evidence suggests that Zass personally controlled the project, bypassed the proper procedures and abused his position of trust.
The court rejected Zas’ defense and found him guilty. His sentence was decided on May 29.
