HIGH COURT SENTENCES TWO DEFENSOR SECURITY DIRECTORS FOR FRAUD
19 NOVEMBER 2025
HIGH COURT SENTENCES TWO DEFENSOR SECURITY DIRECTORS FOR FRAUD
Kimberley, Northern Cape – The High Court of South Africa, Northern Cape Division sitting in Kimberley, has convicted and sentenced Defensor Electronic Security Systems and its directors, Gert Renier Van Rooyen (66) and Claudius Gerald Peterson (61), on charges of fraud and contravention of the Private Security Industry Regulation Act (PSIRA). The court acquitted the fourth accused, Dr Steven Jonkers, former Deputy Director-General and Head of the Department of Health in the Northern Cape, of charges relating to the Public Finance Management Act (PFMA).
This matter, which spanned more than two years, was characterised by extensive litigation, including several applications brought by the defence. These included an application for the recusal of the presiding judge, which the court dismissed, finding no evidence of conflict or bias. Earlier in the proceedings, the court also dismissed the defence’s Section 174 application, where the accused argued that the State had failed to establish a prima facie case. The court found that the prosecution had indeed presented sufficient evidence for the trial to proceed.
The defence also challenged the admissibility of two critical sets of documents submitted by the State:L1: The tender tax clearance certificate and PSIRA certificate, and L2: Defensor’s bid documents submitted for the security tender. The defence argued that these documents were not the original versions submitted during the tender process. After hearing arguments, the court ruled in favour of the State and admitted both documents as evidence. To date, the defence has been unsuccessful in all applications brought in this matter.
The prosecution, represented by Senior State Advocate Isaac Mphela and State Advocate Jean Booysen, successfully demonstrated that Defensor Electronic Security Systems and its directors knowingly applied for a security tender valued at over R384 million, despite failing to meet the fundamental requirements to qualify. The company did not possess a valid PSIRA licence, nor did it have the necessary SARS compliance documents. Despite these deficiencies, Defensor was initially identified as the preferred bidder, even though it did not meet the basic eligibility criteria for the security tender issued by the Northern Cape Department of Health.
The High Court found Defensor Electronic Security Systems and its directors guilty on charges of fraud and contravening PSIRA. Sentences were handed down as follows: Defensor Electronic Security Systems (Accused 1), R1.5 million fine for fraud, payable by 31 March 2026 and R10 000 fine, wholly suspended for five years for contravening PSIRA, on condition of no repeat offence. Gert Renier Van Rooyen and Claudius Gerald Peterson (Accused 2 and 3),6 years’ imprisonment, with 3 years suspended for five years, on condition they are not convicted of fraud or theft during the suspension period and R10 000 fine, wholly suspended for five years for contravening PSIRA, on condition of no repeat offence The accused have been on bail of R100 000 each since their arrest on 8 October 2021.
Following sentencing, they applied for an extension of bail, informing the court of their intention to seek special leave to appeal to the Supreme Court of Appeal (SCA). Advocate Brian Mdlalose, Regional Head of the Specialised Commercial Crimes Unit (SCCU) in the Northern Cape, commended the diligent work of the prosecution team and the investigators from the Directorate for Priority Crime Investigation (DPCI).
He noted that the matter is being prosecuted in two separate legs: The first leg, now concluded, focused on public procurement fraud and the second leg, currently underway, will target all illegal beneficiaries of the fraudulent contract payments amounting to R384 043 106.75.
The NPA has taken note of the sentence imposed and will carefully study the full record to determine whether further legal action is warranted. Should there be sound legal grounds for appeal or review, a decision will be taken in due course. The NPA believes that the custodial sentences imposed in this matter send an unambiguous message: white-collar criminals who defraud the State will be held accountable. Crimes that deplete the public purse and compromise service delivery erode public confidence and the rule of law. South Africans have consistently expressed their desire to see effective and decisive action against corruption.
The NPA is resolute in meeting this expectation. As the “People’s Lawyers,” NPA employees remain driven by a passion for justice, accountability, and the protection of constitutional values. This shared commitment to the rule of law, accountability, and ethical governance continues to illuminate South Africa’s path toward a mature, stable, and corruption-resistant constitutional democracy.
Issued by:
Mojalefa Senokoatsane
NPA Regional Spokesperson
Northern Cape Division
073 423 3539