Thammy Nelson Kubheka was sentenced to two years in prison. Or a fine for tender corruption in Mpumalanga, costing the municipality R1.8 million.
Key Points:
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The court sentenced Thammy Kubheka for corruption involving tender irregularities.
- The Dr. JS Moroka Municipality lost R1.8 million due to the illegal procurement process.
- Kubheka’s sentence includes prison time or an alternative fine, along with a suspended sentence.
Background of the Case
The court sentenced Thammy Nelson Kubheka, the former municipal manager of the Dr. JS Moroka Municipality in Mpumalanga, to two years in prison or a R50,000 fine after convicting him of tender irregularities that cost the municipality R1.8 million.
The court found Kubheka, 53, guilty last week. By the Middelburg Specialised Commercial Crimes Court for violating the Local Government: Municipal Finance Management Act (MFMA). The charges stemmed from his time as municipal manager, a role he held from 2019. During his tenure, Kubheka appointed six service providers without following the proper procurement procedures.
Evidence and Prosecution
The prosecution originally charged him with 36 counts and presented compelling evidence, including testimony from the municipality’s Chief Financial Officer and other employees. These witnesses confirmed that the municipality’s policies and procedures were ignored in the procurement process. This resulted in a significant financial loss for a local government already facing severe economic challenges.
Breach of Public Trust
The court held Kubheka accountable for the unlawful expenditure of R1.8 million, emphasizing the breach of public trust in managing municipal finances. The case comes amid a tense backdrop in October 2019. Frustrated residents protested by throwing faeces at municipal offices, demanding accountability for years of inadequate services. This led the council to take action against Kubheka.
Sentence and Suspension
The court handed Kubheka a two-year prison sentence, along with a two-year suspended sentence, which will remain in effect for five years. The suspended sentence is contingent upon Kubheka refraining from committing any further offenses of a similar nature during that time.
