Labour on sentencing of former employees

Ramaphosa, Mfeleng and Methi gets jail term for defrauding Department of Labour’s Compensation Fund

Three former employees of the Department of Labour’s Compensation Fund (CF) were today (December 4) sentenced to jail terms for defrauding the Fund by the Pretoria Magistrates’ Court.

The former public servants are Maxwell Ramaphosa, Samuel Mfeleng, and Kgabo Johanna Methi. Accused one – Ramaphosa and accused two – Mfeleng were sentenced to 12 years imprisonment on count(s) one and two. On the rest of other counts the duo were sentenced to seven years each. Their sentences will run concurrently.

Methi on the other hand was sentenced to an effective six years. 

On 30 May 2018 Ramaphosa and Mfeleng were found guilty on 10 counts of fraud and money laundering, and Methi was found guilty on three counts of fraud.

Ramaphosa, Mfeleng and Methi are said to have defrauded the Department’s Compensation Fund of R476 150, 58. Ramaphosa, Mfeleng and Methi had pleaded not guilty to the charges.

The three former officials of the Department of Labour were accused of colluding with a physiotherapist Dr Jones Mothemola Modau by siphoning the Compensation Fund by creating fictitious claims and channelling the money into Modau’s account and a friend’s Driving School account which would later be shared.

During the trial a former forensic investigator in the matter Hennie Beukes testified that Ramaphosa and Methi in particular were one of the kingpins of a number of fraud syndicates operating within the Department of Labour’s Compensation Fund.

The accused first appeared in the Pretoria Specialised Commercial Crime Court and their matter was transferred to the Pretoria Magistrates’ Court in a separation of trial, after a fellow accused Dr Modau based in Rustenburg, North West pleaded guilty.

Modau pleaded guilty in the matter in March 2012. He was in the same year handed a multiple suspended sentences by the Pretoria Specialised Commercial Crimes Court for defrauding the Department of Labour’s Compensation Fund.

He was sentenced to three years of correctional supervision (house arrest), but allowed to go to work and church. On the same charge of fraud, he was also handed a further three years - suspended for five years - on condition that he does not commit any theft or fraud during the next five years.

On a charge of money laundering, he was sentenced to two-years suspended for a five-year period.

In another case Ramaphosa and Mfeleng were in 2016 found guilty for defrauding the Department’s Compensation Fund R2,1-million and were handed 10 years imprisonment wholly suspended for five years by the Pretoria Magistrates’ Court.

Magistrate M. Moloto delivering his sentence said the delays in the protracted trial caused by the fraudsters has benefitted them. Moloto said fraud was an attack on democracy as those entrusted with public purse to build the country choose to dig a hole to hide it for their nefarious acts.

Lawyer Dirk du Plessis representing accused number three – Methi pointed out in Court that his client’s sentencing was inappropriate. Du Plessis said they will appeal the sentence.

Moloto subsequently turned down the request for leave to appeal.

The Compensation Fund is a public entity under the administration of Department of Labour. The CF provides cover to workers injured and/or who contract diseases at work.

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