Self-confessed fraudster physiotherapist accused of defrauding the Department of Labour’s (DoL) Compensation Fund was today (July 3) labeled a “mastermind of his actions” and ordered by the Pretoria Commercial Crime Court to repay the department of R2,1 million.
Jurry Sehunoe (34), a physiotherapist operating from Rustenburg in the North West pleaded guilty last year to defrauding DoL’s Compensation Fund millions of rands. Sehunoe is out on a bail of R3000 pleaded guilty to 15 counts of fraud and 26 counts of money laundering.
He was charged with two co-defendants Maxwell Ramaphosa and Samuel Mfeleng - former civil servants who previously worked for the Department of Labour’s Compensation Fund. Ramaphosa and Mfeleng’s matter has since been transferred to the Pretoria Magistrate’s Court in a separation of trial following Sehunoe’s guilty plea.
Ramaphosa and Mfeleng are also appearing in two other alleged fraud cases. In one case they are part of a syndicate of seven former employees including a Doctor accused of defrauding the DoL’s CF about R1 million.
In the other case they are part of a trio of former employees of the DoL working in collaboration with a physiotherapist and are allegedly accused of defrauding the Department about half-a-million rand. In both these cases the syndicate members are out on a warning.
Sehunoe was supposed to have been sentenced on January 17; however Court proceedings were halted by the Asset Forfeiture Unit (AFU) in the Office of the National Director of Public Prosecutions which filed for an application to conduct an inquiry into his asset base.
Advocate Boitumelo Moalusi from the AFU told the Court that following the inquiry, the full amount from ill-gotten gains by Sehunoe was recoverable.
Moalusi told the Court that to date the state had recovered more than R800 000, part of which had been paid to SARS and auditors who conducted the inquiry.
A matter of contention brought by the defence in Court was on whether it would be fair of Sehunoe to be solely liable to pay back the State or whether part of the proceeds from the crime should be recovered from fellow co-accused.
Advocate Keitumetse Mogale speaking on behalf of Sehunoe said her client had acknowledged his role in the crime and appealed to the Court to be “lenient” as it would be unfair for him to repay back solely what was ill-gotten from the State.
Magistrate N. Setshogoe retorted that as a beneficiary from proceeds and in view of the principle of acting in common purpose Sehunoe was liable to pay the DoL’s Compensation Fund the full amount. Setshogoe said the State had granted the confiscation order to recoup R2,1 million defrauded from DoL’s CF in line with prescriptions entailed in the Organised Crime Act.
Furthermore, Sehunoe will be liable to pay from the date of judgment (today) a daily interest rate of 15,5 percent within the next 14 days when the appeal and confiscation order are being considered respectively, she said.
Setshogoe said the people (Ramaphosa and Mfeleng) which Sehunoe alleges he deposited the money into their accounts were not in Court and claims that he did so “will remain allegations” at this stage as their matter was being considered in another Court.
Sehunoe was told to pursue a civil claim against fellow alleged fraud accused if he felt aggrieved.
The matter was adjourned to August 28 for submission of pre-sentencing reports by social workers and officials from Correctional Services.
The Compensation Fund is a public entity under the administration of the Department of Labour. Its function is to insure workers against injuries and diseases sustained at work.
Enquiries:
Page Boikanyo
082 809 3195
Self-confessed fraud physio ordered to pay back Department of Labour’s Compensation Fund from his ill-gotten gains
