KEY POINTS
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Former deputy mayor Benjamin Zass was convicted of fraud and violating procurement laws after coercing a supplier to return R19,500 in cash from a school uniform tender meant for disadvantaged pupils.
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Witnesses, including the supplier and municipal officials, exposed Zass’s manipulation of processes, with the court rejecting his claim of acting under orders.
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The case highlights systemic corruption risks in South African municipalities, aligning with broader calls for enhanced oversight and accountability in public fund management.
The Bellville Commercial Crimes Court has convicted former Cederberg deputy mayor Benjamin Zass on charges of fraud and contravening the Municipal Finance Management Act (MFMA) for diverting funds meant for school uniforms for disadvantaged pupils.
The ruling, delivered on Monday, marks a significant victory for accountability in local governance amid rising scrutiny over procurement irregularities in South African municipalities.
According to Sowetanlive, Zass was implicated in a 2018 scheme involving a R20,000 tender awarded to Louisa Swartz, owner of RJ Swartz, a supplier contracted to provide school dresses for 100 children under the Cederberg municipality’s “Back to School Project.”
According to Western Cape National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila, “the accused manipulated the process by instructing Swartz to return the funds in cash after the municipality deposited the payment into her account.” Swartz testified that Zass demanded she withdraw R19,500 in cash—retaining R500 as a dubious “administration fee”—and hand it to him outside a local grocery store.
Witnesses detail brazen cash handover
The trial revealed alarming breaches of procurement protocols. Swartz’s son, Sergeant Rodney Swartz, corroborated her account, describing how he accompanied his mother to the meeting for safety. “Carrying that amount in a paper bag felt reckless, but we feared repercussions if we refused,” he told the court. Municipal manager Henry Slimmert and CFO Michael Adrian Smit further dismantled Zass’s defense, testifying that councillors are barred from interfering in supply chain processes.
Zass claimed he acted on Slimmert’s orders, but Slimmert denied this, stating, “My department never received the uniforms or signed off on delivery—this was a clear abuse of power.”
Prosecutor Andre Botman emphasized the gravity of Zass’s actions, citing Section 173 of the MFMA, which prohibits officials from influencing procurement outcomes. “This case isn’t just about R20,000; it’s about safeguarding public resources meant for the most vulnerable,” Botman argued. Seven witnesses, including Zass’s former driver Collin Davids, painted a picture of a calculated scheme. Davids confirmed Zass frequently handled cash transactions unrelated to official procedures.
The conviction comes amid a surge in municipal corruption cases. Recent high-profile trials, including the fraud sentencing of former PAC leader Luthando Mbinda and the ongoing prosecution of Ace Magashule, highlight systemic vulnerabilities. A 2024 Auditor-General report found that irregular municipal expenditures exceeded R5 billion annually, with procurement fraud accounting for 43% of cases.
Zass, who faces sentencing on May 29, could receive up to 15 years for fraud. Legal experts warn his case underscores the need for stricter oversight. Thuli Madonsela, former Public Protector, remarked, “When funds for children’s education are stolen, it perpetuates cycles of poverty. Accountability must be non-negotiable.”
