Special Investigating Unit and Another v Zibani and Others (GP15/2020) [2022] ZAST 10 (4 May 2022)

Special Investigating Unit and Another v Zibani and Others (GP15/2020) [2022] ZAST 10 (4 May 2022)

The Tribunal found, on a balance of probabilities, that Nosipho Zibani masterminded two fraudulent schemes against the office of the State Attorney, aided by the other defendants. In the first scheme, invoices for midwifery medico-legal services were submitted and paid, although no services were rendered. In the second scheme, invoices for assessment services by Ntandokazi Trading were submitted and paid, again without actual services. Forensic and documentary evidence established the flow of funds among the defendants and the lack of legitimate work. The Tribunal held the defendants jointly and severally liable for the damages proved: R135,000 under Claim A and R4,452,351.81 under Claim...

Citation
[2022] ZAST 10
Parties
Applicant: Special Investigating Unit; Applicant: Member of the Executive Council for Health, Gauteng; Respondent: Nosipho Zibani; Respondent: Yolande Tebogo Hlatshwayo; Respondent: Phindile Anele Zibani; Respondent: Ntandokazi Trading (Pty) Ltd
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
4 May 2022
Case Number
GP15/2020
Procedural Posture
Civil Trial / Judgment After Default Trial; Defendants Absent
Outcome
Judgment for the plaintiffs; defendants held jointly and severally liable for damages and costs; pension benefits forfeited; referral to authorities ordered.
Judges
L T Modiba
Legal Topics
Fraudulent Misrepresentation, Damages, Default Judgment, Public Sector Corruption, Vicarious Liability, Punitive Costs
Civil Procedure Delict Commercial and Corporate Fraudulent Misrepresentation Damages Default Judgment Public Sector Corruption Vicarious Liability +1 more

Case Brief

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Parties

Special Investigating Unit

Applicant

Member of the Executive Council for Health, Gauteng

Applicant

Nosipho Zibani

Respondent

Yolande Tebogo Hlatshwayo

Respondent

Phindile Anele Zibani

Respondent

Ntandokazi Trading (Pty) Ltd

Respondent

Procedural Posture

Civil Trial / Judgment After Default Trial; Defendants Absent

Legal Issues

  1. 1 Whether the defendants perpetrated fraudulent schemes against the Member of the Executive Council for Health, Gauteng.
  2. 2 Whether the plaintiffs proved, on a balance of probabilities, the damages suffered due to the fraudulent schemes.
  3. 3 Whether the defendants are jointly and severally liable for the amounts claimed under Claim A and Claim B.

Ratio Decidendi

The Tribunal found, on a balance of probabilities, that Nosipho Zibani masterminded two fraudulent schemes against the office of the State Attorney, aided by the other defendants. In the first scheme, invoices for midwifery medico-legal services were submitted and paid, although no services were rendered. In the second scheme, invoices for assessment services by Ntandokazi Trading were submitted and paid, again without actual services. Forensic and documentary evidence established the flow of funds among the defendants and the lack of legitimate work. The Tribunal held the defendants jointly and severally liable for the damages proved: R135,000 under Claim A and R4,452,351.81 under Claim...

Court Disposition

Judgment for the plaintiffs; defendants held jointly and severally liable for damages and costs; pension benefits forfeited; referral to authorities ordered.

Orders

  • Leave granted to amend particulars of claim to reflect R4,452,351.81 under Claim B.
  • Nosipho Zibani, Yolande Tebogo Hlatshwayo, and Phindile Anele Zibani shall pay the Member of the Executive Council for Health, Gauteng, R135,000 in respect of Claim A, with interest from judgment date; liability joint and several, with Hlatshwayo's liability limited to R34,500 plus interest.