Former Cederberg deputy mayor Benjamin Zass has been found guilty of fraud by the Bellville Commercial Crimes Court in relation to a R20,000 tender for providing school dresses to underprivileged students.
Western Cape National Prosecuting Authority spokesperson Eric Ntabazalila confirmed that advocate Andre Botman successfully prosecuted Zass on charges of fraud and violation of the Municipal Finance Management Act, following a complaint lodged by service provider Louisa Swartz.
Swartz, the sole proprietor of RJ Swartz, a company registered on the Cederberg municipality’s supplier database, had submitted a tender for the municipality’s “Back to School Project” by quoting R20,000 to supply 100 school dresses. On January 23, 2018, the municipality transferred the funds into her business account. Soon after, Zass contacted her, stating that the municipality would directly oversee the project and directing her to refund the funds, minus R500 for administrative expenses. When Swartz asked for official banking details for the repayment, Zass instead arranged to meet her outside a local grocery store to collect the cash.
Swartz testified that she felt uncomfortable carrying such a large sum in a paper bag and was accompanied by her son, Sgt Rodney Swartz. Testimony from the municipality’s Chief Financial Officer and an accountant confirmed that councillors were barred from interfering with procurement processes. Zass claimed he was acting on the instructions of municipal manager Henry Slimmert, but Slimmert refuted this, testifying that his department had approved the invoice under the assumption that goods were delivered, which was not the case.
Botman presented evidence from seven witnesses, including Swartz, her son, Zass’s former driver Collin Davids, Slimmert, accountant Johan Francois van der Westhuizen, CFO Michael Adrian Smit, and investigating officer Sgt Mokwena. The evidence demonstrated that Zass had personally assumed control of the project, circumventing proper protocols and abusing his position of authority.
The court dismissed Zass’s defense and convicted him. His sentencing is set for May 29.
A Gentle Reminder: Every obstacle is a stepping stone, every morning; a chance to go again, and those little steps take you closer to your dream.
Nnamdi Okoli
