Trio face charges for stealing R4.4m

THE Special Tribunal has ordered that former assistant state attorney Nosipho Zibani, her sister Phindile Zibani and midwife Yolande Hlatshwayo must face criminal charges for allegedly defrauding millions of rand from the Gauteng Health Department.

In addition, Judge Lebogang Modiba ruled in favour of the Special Investigating Unit and ordered that Nosipho will forfeit her pension held by the Government Employees Pension Fund (GEPF).

“The pension benefits are declared forfeited to the (Gauteng health) MEC to the extent of Nosipho’s indebtedness to the MEC in respect of the judgment debt … and the order in respect of costs. The GEPF and its administrators shall pay over to the MEC, Nosipho’s pension benefits to satisfy the judgment debt,” the judge ordered.

According to the judgment handed down this week, the tribunal’s registrar has also been directed to send a copy of the papers filed in the preservation application, the preservation order, the trial and the judgment to the Legal Practice Council, for its attention and investigation of Nosipho’s conduct.

Judge Modiba also ordered that the SA Nursing Council be handed the ruling for its attention and investigation of Hlatshwayo’s conduct.

“The Registrar of the tribunal is directed to send a copy of the papers filed in the preservation application, the preservation order, the trial and this judgment to the appropriate law enforcement agency, for criminal investigation and action against all the defendants (the Zibani siblings, Hlatshwayo and Ntandokazi 31 Trading, of which Phindile is a director),” reads the judgment.

The elaborate scheme involved Hlatshwayo issuing invoices to the state attorney in matters in which Nosipho was assigned as the attorney of record for the Gauteng health MEC when she (Hlatshwayo) did not render any services.

The tribunal found that the invoices were supposedly for midwifery medico-legal services that Hlatshwayo rendered.

Nosipho worked in the state attorney’s medical negligence unit and worked on cases in which the Gauteng health MEC was cited as the defendant in cases concerning the alleged negligent conduct of medical health professionals in public health institutions.

In one instance, Hlatshwayo charged the state attorney R1 500 per hour for 10 hours.

Deputy state attorney Zanele Nhlayisi, who investigated the matter, found that Nosipho authorised several invoices by Ntandokazi 31 Trading, which reflected an email address with Phindile’s name.

Nosipho had authorised payments amounting to R4.4m to Ntandokazi 31 Trading.

She resigned from the Office of the State Attorney after disciplinary action.

Nosipho, her sister Phindile and Ntandokazi 31 Trading have been ordered to pay the Gauteng health MEC more than R4.45m including interest at the prescribed rate.