Thread by @TribunalSpecial

MEDIA RELEASE

02 August 2021

FORMER STATE ATTORNEY OFFICIAL, NOZIPHO ZIBANE, AND SISTER ON R4, 5 MILLION FRAUD TRIAL

The R4, 5 million fraud trial of the former Johannesburg based State Attorney official and her sister got underway at the Special Tribunal on Monday morning.
Zibane, a qualified attorney who was employed in the Department of Justice and Correctional Services, is on trial

together with her SISTER, Phindile Anele Zibane after the pair allegedly teamed up to defraud the Department of Health in Gauteng an amount of R4, 5 million between 2016 and 2017. They are accused of creating fictitious and bogus medic-legal claims and invoiced the Department

Adv David Mtshweni, Counsel for the SIU, told the Special Tribunal Presiding Judge Lebogang Modiba that Nozipho Zibane was at all material times responsible for handling litigation on behalf of the Department of Health in relation to the actions of delictual acts of the medical

personnel at various hospitals in Gauteng Province.
The Special Tribunal heard that Nozipho Zibane would create fictitious claims and also manipulated several letterheads to claim on behalf of Yolanda Tebogo Hlatswayo. Hlatswayo is a nurse by profession.

The funds would be channeled through Phindile's accounts and another created company, Ntandokazi Trading.
It is understood that the trio entered into a verbal agreement to make money out of the medic-legal claims. The modus operandi was that Nozipho would issue invoices to

herself utilizing the purported letterhead belonging to Ntandokazi Trading for services not rendered. Nozipho would cause the invoiced amounts to be paid into the bank account of Ntandokazi Trading and pay into Phindile's account who in turn will withdraw and give to Nozipho.

The Special Tribunal further heard during the trial that Nozipho used Ntandokazi Trading to channel R150 000 which was later transferred to a Mercedes Benz dealership in Johannesburg where a day later she purchased the luxury sedan. Enatis confirmed credit reference: NT Zibane

The SIU forensic investigators compiled a financial transactions report which was presented as spreadsheet before the Special Tribunal which linked the R150 000 Mercedes Benz purchase to Nozipho through Phindile and Ntandokazi Trading.

Judge Modiba raised concerns about Nozipho's conduct and said she must be referred to the Legal Practice Council and her criminal conduct be referred to the National Prosecuting Authority and the Hawks.
In the Particulars of Claim it is contended that Nozipho owed

the duty to act with reasonable proficiency and to exercise her professional skills and expertise with adequate knowledge and diligennce expected from a practicing attorney and to perform professional legal services in compliance with the law

The trial has been postponed to Friday, 6th August 2021, to enable the Plaintiffs to prepare Heads of Argument and tooe the witnesses the opportunity to testify.

ENQ: Selby Makgotho
Special Tribunal Spokesperson
0829075082