Former state attorney loses pension benefits and ordered to pay R4.4 million

The Special Tribunal has ordered a former assistant state attorney to pay R4.4 million fraudulently claimed for midwifery medico-legal services and also ordered a forfeit of his pension benefits.

On 4 May 2022 the criminal court ordered the former assistant state attorney along with two other individuals and Ntandokazi Trading to jointly pay the money with interest.

Former assistant state attorney Nosipho Zibani, Tebogo Hlatswayo, Phindile Zibani and Ntandokazi Trading were ordered to pay Gauteng Health MEC an amount of R 4 452 351,81 and a further R 135, 000. 00 in fraudulent claims and damages.

Also, a forfeit order of pension benefits was to the value of R798 939,34 held with the Government Employees Pension Fund belonging to Zibani.

According to a statement by Special Investigating Unit (SIU) this comes after the state attorney accounting records showed nine fraudulent invoices authorised by Zibani.

An investigation was done by the SIU which found that between 2016 and 2017, the accused entered into an oral agreement to defraud the MEC through the fraudulent medico-legal schemes.

The statement said Hlatswayo issued medico-legal services invoices to the state attorney in matters assigned to Nosipho as the attorney of record for the MEC when Hlatshwayo did not render such services.

“The findings prompted the launch of disciplinary proceedings against Nosipho. She resigned from the office of the State Attorney before the disciplinary,” read the statement.

Nosipho was employed in Johannesburg as an assistant state attorney and served in the medical negligence unit making her a record attorney for the MEC.

The records assisted the MEC in instances such as when the MEC faced negligent conduct of medical health professionals which resulted in a child born with cerebral palsy.

Compiled by Kgomotso Phooko

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