COURT CONVICTS CEDERBERG MUNICIPALITY DEPUTY MAYOR FOR FRAUD AND CONTRAVENTION OF MUNICIPAL FINANCE MANAGEMENT ACT

28 APRIL 2025

COURT CONVICTS CEDERBERG MUNICIPALITY DEPUTY MAYOR FOR FRAUD AND CONTRAVENTION OF MUNICIPAL FINANCE MANAGEMENT ACT


The Bellville Commercial Crimes Court has convicted the former deputy mayor of Cederberg Municipality, Benjamin Zass on charges of fraud and contravention of the Municipal Finance Management Act. The court will resume with his sentence proceedings on 29 May 2025.

The State Adv, Andre Botman successfully prosecuted Zass on the two charges the state preferred against him. Adv Botman led evidence of seven witnesses including the complainant, Louisa, Swartz, her son Sergeant Rodney Swartz, Zass’ former driver Collin Davids, the Municipal Manager in Administration, Henry Slimmert; Accountant, Johan Francois Van Der Westhuizen; Chief Financial Officer; Michael Adrian Smit and Investigating Officer, Sergeant Mokwena.

Swartz was the sole owner of RJ Swartz, a company listed on the Cederberg Municipality supplier database and tendered for the municipality’s ‘Back to School Project’ quoting R20 000 to supply school dresses to one hundred learners from disadvantaged backgrounds. On 23 January 2018, the municipality deposited R20 000 into her business bank account. Shortly after she received a call from the accused informing her that the municipality had decided to manage the project, and she was required to return the funds deposited into her business bank account minus R500 for administration costs.

She requested the municipality’s banking details to deposit the money, but the accused asked her to meet him outside a local grocery store and bring the money in cash. Swartz testified that she was not comfortable carrying such a large amount of money in a paper bag she asked her son to accompany her.

Zass testified that he acted on the instruction of Slimmert, but the latter denied that and only confirmed that his department signed off the invoice confirming receipts of the goods, which was not the case. Simmert testified that council members including the deputy mayor were prohibited from interfering with suppliers. The CFO and the accountant also testified that it was improper for councilors to interfere with procurement procedures.

In his arguments Adv, Botman told the court that the municipality operates under internal regulations and legislation, including the Constitution and the Municipal Finance Management Act 56 of 2003. Section 118(a) of the Act stipulates that no person may interfere with the supply chain management of a municipality or municipal entity. The accused contacted the complainant and informed her that he would oversee the project directly from his office. Instead of allowing the supplier to deliver the school uniforms to the needy children, he abused his position of trust by unlawfully taking the funds without proper authorisation from the municipality.

The court rejected the accused’s version of events and found that he had committed the crimes of fraud and contravention of the Municipal Finance Management Act.

Issued by:

Eric Ntabazalila
National Prosecuting Authority
Regional Communications Manager – Western Cape
Tel: (021) 487 7308
Mobile: 073 062 1222