Mthatha – The Mthatha Commercial Crimes Court in the Eastern Cape has slapped former Department of Health (ECDOH) Messenger Ayanda Matinise with a 10-year jail sentence for Personal Protective Equipment (PPE) tender fraud involving more than R23 million.
Matinise was a messenger in the office of the then Eastern Cape Health MEC Sindiswa Gomba, when he committed the crimes of fraud, forgery, and uttering.
The accused was sentenced on Tuesday, (7 February 2023).
Commenting on the sentence, the Special Investigating Unit (SIU) which uncovered the fraud during investigations into Personal Protective Equipment (PPE) purchases, said it welcomed Matinise’s jailing “on charges relating to PPE tender fraud to the value of more than R23 million”.
The SIU investigation revealed that Matinise forged the signature of the Director of Supply Chain to fraudulently award a tender to a service provider for the supply and delivery of PPE.
Matters came to a head after the service provider failed to secure payment after delivering the N95 masks worth about R23 million to OR Tambo District Department of Health offices.
The SIU said after it uncovered the PPE fraud it referred the matter to the National Prosecuting Authority (NPA).
Giving details of the crime, the NPA said 37-year-old Matinise used his proximity to the office of MEC Gomba to commit the fraud while the country was under the Covid-19 state of disaster, which allowed for some deviation from the ordinary procurement procedures.
In the period between 9 and 17 September 2020, Matinise wrote, signed and sent a forged letter to FALAZ Protection Services (PTY) LTD (FALAZ) under the false pretenses that the ECDOH committed to procuring 700 000 nitriles, non-sterile, powder-free examination KN 95 surgical masks.
Consequently, FALAZ submitted the quotation for R23.7 million and declaration of interest to Matinise.
Upon authorisation of such supply, delivery of the consignment of PPE was made by FALAZ at the ECDOH OR Tambo District stores in Mthatha.
When the FALAZ director demanded payment for the PPE delivered – and even after paying Matinise R3 000 to expedite the payment – it became apparent that the official responsible for payments at ECDOH had no knowledge of the forged commitment letter.
FALAZ resorted to taking back the PPE it delivered to the ECDOH.
However, large quantities of the PPE were missing.
Some 130 000 KN 95 masks and 70 000 surgical masks worth R2.6 million were missing.
Subsequently, the SUI and NPA probe led to the arrest of Matinise.
In court, the accused pleaded not guilty and attempted to implicate the officials who blew the whistle on the scam.
Having changed his evidence at least three times, Matinise was found guilty as charged.
“The prison sentence of Matinise is a clear demonstration by State institutions of the implementation of the SIU investigation outcomes and consequence management to recover assets and financial losses suffered by State institutions and/or to prevent further losses,” the SIU said.
The SIU said it was mandated through Proclamation R23 of 2020, to investigate the affairs of all State institutions in respect of the procurement or contracting for goods, works, and services, during, or in respect of the National State of Disaster, by or on behalf of state institutions.
The SIU said the prison sentence meted out to Matinise was a clear demonstration of state institutions’ resolve to tackle crime, bring the culprits to book and to recover assets and financial losses suffered by state institutions and/or to prevent further losses.
Eastern Cape Director of Public Prosecutions, Barry Madolo, commended the prosecuting team, SIU investigators and the Hawks for securing a conviction and sentence of one of the people who used the Covid-19 pandemic to illegally enrich themselves.
