Thread by @TribunalSpecial

The trial in the matter between the SIU and Nozipho Zibani and Others will begin shortly before the Special Tribunal. The SIU seeks to recover an amount of R4 million from the respondents, who were employed by the Office of the State Attorney

Adv David Mtshweni appears for the SIU.
Judge Lebogang Modiba will preside on the trial which is starting shortly.

Mtshweni tells the Special Tribunal that they will show the Special Tribunal that payments went to Ms Zibani as per the spreadsheet compiled by the accountant.

The assessor services were procured by Ms Zibani of which it was found that the service provider was her sister. The State Attorney and the MEC for Health were defrauded an amount of R4, 5 million, the Special Tribunal hears

Nozipho Zibani, Yolanda Tebogo Hlatswayo, Phindile Anele Zibani, and Ntandokazi Trading have been cited as respondents in the matter.

Nosipho Zibani is the former employee of the Department of Justice and Correctional Services. She was employed as a Senior State Attorney at its offices in Johannesburg.
She was responsible for handling litigation on behalf of the Department of Health as a result

of delictual acts of the medical personnel at various hospitals in Gauteng.

It is alleged that Nosipho Zibani would issue invoices to herself utilizing a letterhead, purportedly belonging to Yolanda Tebogo Hlatswayo, for services rendered in a form of a mid-wifery medic-legal report and cause invoices to be paid into Hlatswayo's bank accounts

Upon receipt of the payment into her bank account, Hlatswayo would cause monies paid to be withdrawn and paid into the account of Phindile Anele Zibani, Nosipho's sister, the Special Tribunal hears.

Nosipho Zibane would create fictitious bank accounts and give instructions as to where the payments should go. The funds will find their ways back to her, Adv Mtshweni tells the Special Tribunal.

At all material times the defendants knew that the alleged services has not been rendered by Hlatswayo and that the payment of monies constituted defrauding the Department of Health in Gauteng.

The alleged fraudulent scheme had cost the Department of Health an amount of R4, 5 million between 2016 and 2017, the Special Tribunal hears.

The Special Tribunal is taken through the bank statements of Nosipho Zibane.
The source of the payments from Yolanda Hlatswayo to Zibane is interrogated. SIU forensic investigators found that there were payments flows from Hlatswayo to Zibane, Adv Mtshweni argues.

Nozipho Zibane is alleged to have manipulated the letterhead of a certain Prof du Plessis in order to make it look like that of Hlatswayo in the scheme to generate bogus invoices and claims, it is heard.

The invoices were authored by Zibane. Hlatswayo told the SIU investigators that she never rendered any services.
Zibane manipulated the accounts to have access to the invoices and subsequent payments.

The analysis of Zibane's bank statements shows when the monies paid. In total an amount of R135 000 was paid to Ms Hlatswayo between October and December 2016 of which a portion went to Zibane. Hlatswayo is not able to explain how certain amounts were found in her account

Nozipho Zibane hatched a plan to defraud the Department using Hlatswayo, Phindile Zibane and Ntandokazi Trading. The SIU Counsel says the amount of R135 000 which was found to be in the bank account of the respondents should be recovered from them individually

Nozipho Zibane's Attorneys wrote to the Special Tribunal indicating their withdrawal as they have not been paid.

Nozipho Zibane's Attorneys confirmed that their client told them she is broke and cannot afford legal fees.

The amount of R333 000 was paid to account number of Nozipho Zibane, the attorney, in 28 transactions. The second payment of R150 000 was paid to Mercedes Benz Garage where it was later found it's where she purchased her car...a Mercedes Benz.

Other payments to Nozipho Zibane in several trenches were for household items in addition to the one made at Mercedes Benz Garage in Johannesburg, the Special Tribunal hears.

The payment to Mercedes Benz had been channeled through Ntandokazi Trading, the fourth respondent.

On the 4th April 2019 payment of R30 000 was made from Zibane, 8th April payment of R25 000 followed and the amounts were paid even if there was no service rendered.

Adv Mtshweni submits that the an amount of R150 000 was paid to Mercedes Benz and that Nozipho Zibane is linked to the transaction. Enatis confirmed that Zibane purchased the vehicle in June 2019. Credit reference: NT Zibane.

Adv Mtshweni submits that in the Particulars of Claim there is an amount of R4, 5 million claimed and that it be recovered from Zibane, Hlatswayo, Phindile Zibane and Ntandokazi Trading.

Judge Modiba raises concern that Nozipho Zibane was an employee of the State. She is a legal professional to behave in the manner she did her conduct needs to be referred to the Legal Practice Council and further to the NPA and the Hawks, the Judge remarks.

Judge Modiba stands the matter down until Thursday, 5th August 2021, to afford the witnesses the opportunity to testify before the Special Tribunal.