SIU finds ‘ghosts’, ‘thieving’ advocates and missing millions in State Attorney’s Office

An ongoing probe by the Special Investigations Unit (SIU) has lifted the lid on apparent wide-scale graft in the Office of the State Attorney, and revealed how “ghost” claimants score massive payouts of which the real beneficiaries seem completely unaware.

In the report submitted to parliament, it was revealed one woman was never told her R32 million medical negligence claim from the Gauteng department of health had been finalised.

Another, whose claim amounted to R3 million, evidently never actually launched any action against the department, nor did she ever have any dealings with the State Attorney or the private firm of attorneys involved, yet somehow won a settlement.

In 2018, the SIU was appointed to investigate the Office of the State Attorney’s handling of litigation on behalf of various government departments, including its handling of medical negligence claims in Gauteng and the Eastern Cape.

In a presentation to parliament this week, the SIU revealed that so far its investigators had uncovered a morass of dodgy dealings and alleged private sector collusion, fraud and corruption.

It said while it was still quantifying some amounts, 10 advocates had already been implicated in matters involving around R100 million.

One allegedly irregularly appointed service provider – or “intermediary” – who supplies expert witnesses, was also said to have billed the Office of the State Attorney a staggering R123 million for work carried out over a three-year period.

“This amount could be more because even now, the Office of the State Attorney is still utilising the services of the intermediary,” the SIU said.

The unit said this week these investigations had already seen eight criminal cases of fraud – totalling R115 million – and three inquiries relating to fraud – totalling R79,579,000 – registered. It had also referred one official from the State Attorney’s Office to the National Prosecuting Authority (NPA) and was considering referring another eight at this stage.

In addition, it was in the process of referring 11 advocates – one of whom the SIU said had scored R34 million from the State Attorney’s Office – to the NPA.

Democratic Alliance MP Glynnis Breytenbach, who sits on the portfolio committee on justice and correctional services, described the findings so far as “very, very worrying”.

“I’m deeply concerned,” she said. “I don’t know about the capacity of the criminal justice system to deal with the scale that we’re witnessing here.”

Justice department spokesperson Chrispin Phiri said yesterday his office was taking action against implicated individuals.

Last year, the SIU was also appointed to probe suspected maladministration in the department of justice and constitutional development’s new courts programme and this week said it had established the project was already almost 100% over budget, by almost R3 billion.

Only four of eight courts meant to have been constructed were actually built.

– bernadettew@citizen.co.za

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