Sisters ordered to pay back R4.5m

Four ‘defrauded’ Gauteng health

Two Joburg sisters who defrauded the Gauteng health department have been ordered to pay back R4.5m by the Special Tribunal yesterday.

The application was launched by the Special Investigating Unit (SIU) and the Gauteng health MEC after it sought to recover the funds fraudulently obtained by Nosipho Zibani, her sister Phindile and two others. They were accused of teaming up to defraud the provincial department of health by creating fictitious medico-legal claims.

Nosipho was employed by the state attorney in Johannesburg

as an assistant state attorney. She served in the medical negligence unit.

The second defendant is Yolanda Hlatshwayo while the fourth defendant was identified as Ntandokazi Trading.

Hlatshwayo is a nurse by profession.

One of the cases Nosipho represented the provincial health department in included defending matters where there was alleged negligent conduct of medical health professionals working in a public health institution, resulting in a child being born with cerebral palsy.

“Together with the other cited defendants, Nosipho allegedly perpetrated fraudulent schemes that caused the damages the MEC seeks to recover in these proceedings,” the judgment read.

Evidence presented before Judge Lebohang Modiba presiding over the Special Tribunal found that the scheme ran from January 2015 to April 2019 with payments amounting to more than R4.5m.

Modiba wrote: “Hlatshwayo purportedly issued 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 invoices were purportedly in relation to midwifery medico-legal services Hlatshwayo rendered in the relevant matters.

“The said invoices reflected Hlatshwayo’s banking details as the bank account into which the office of state attorney should make payment to

Hlatshwayo for the services.

“The state attorney duly made payments to Hlatshwayo in respect of the said invoices. On receipt of the payments by the office of the state attorney, Hlatshwayo made payments into a Capitec bank account held in Phindile’s name.

“On receipt of payments by Hlatshwayo, Phindile remitted money into an FNB account held in Nosipho’s name.”

Modiba ordered Nosipho’s pension benefits be withheld by the Government Employees Pension Fund pending criminal investigation.

“The pension benefits are declared forfeited to the MEC to the extent of Nosipho’s indebtedness to the MEC in respect of the judgment debt.”

The SIU has welcomed the judgment.