Education official faces R13m graft charges

A top official in Angie Motshekga’s office is facing fraud and corruption charges to the tune of R13 million - but the Basic Education Ministry says it can’t fire or suspend him, because the alleged offence was committed while he worked for the North West Education Department. Mathanzima Mweli, the acting deputy director general of curriculum in the Department of Basic Education, appeared in the Molopo Regional Court on Friday along with four other accused. This included the former education MEC, Rev Oabetswe Johannes Tselapedi, Charles Raseala, who took over as head of department after Mweli, doctor-turned-motivational speaker John Tibane and his wife Ruth.

They are accused of illegally extending several tenders without following the correct procedures. North West NPA spokesman Frank Lesenyego this week told The Sunday Independent the authority was still finalising the charge sheet but was considering adding a racketeering charge. A decision on the additional charge will be made before their next appearance on October 12. He confirmed that the accused appeared in court on Friday. Their charges relate to several tenders, amounting to around R13 million. “The procurement of a motivational speaker was awarded for a period of a three months to Tibane Consulting Services. But it continued for a period of three years without an extension and not in compliance with the Public Finance Management Act.

“There are several other contracts which were allegedly awarded without proper tender procedures being followed,” he said. Lesenyego said the NPA is expected to provide full disclosure of the final witness list on October 12, as well as the final charges. “All the accused are still out on bail. We have also placed it on record (in court) that we have served them with a list of witnesses that they should not call or contact,” Lesenyego. Mweli is part of the national intervention team, dealing with the catch-up plan for the Limpopo province. Earlier this week he gave a presentation to the education portfolio committee in Parliament on government’s progress with the plan.

Mweli was initially hired by the Basic Education Ministry on a contract basis, to head up the intervention unit in the Eastern Cape. Although he had not been charged criminally yet, he had previously been suspended by the provincial department as a result of the same allegations. According to North West Education Department spokesman Gershwin Chuenyane, Mweli resigned before facing any internal charges. “Mr Mweli was suspended and later charged. He and the department reached an amicable settlement… That is, he resigned,” said Cheunyane. Despite Mweli having never faced internal disciplinary action, national department spokesman Panyaza Lesufi says the department can do nothing.

“The allegations against Mr Mweli concern issues that have been raised during his tenure as head of department in the North West Province and not during his employment in the (Department of Basic Education). “Given Mr Mweli’s current position in the department, there are no reasonable grounds for suspension. Further, in terms of the constitution, the department upholds the principle of innocent until proven guilty,” Lesufi said in response to questions from The Sunday Independent. Lesufi said if serious allegations were made against an official, the official would be suspended if “there is a possibility that that person may interfere in an ongoing investigation or tamper with evidence.”

“In this case, there is no such risk,” he said. Mweli meanwhile confirmed that he appeared in court this week. “Again there was nothing, as happened before. We could not proceed. The magistrate decided that if there is nothing in October when we next appear, the matter will be removed from the roll.” He confirmed that he was employed by the national department in March 2010 where he worked as part of the national intervention team in the Eastern Cape. He said he was still acting in his position, but referred all further media queries to his attorney, Solly Mookeletsi, who refused to comment. If Mweli and his co-accused are convicted, a racketeering charge could carry a hefty fine of as much as R200 million and a possible life sentence.

Gauteng lawyer Marius du Toit said racketeering was a “much more serious charge” than either fraud or corruption. Du Toit said the law was “designed for organised crime” but was also a difficult offence to prove. “The State has to prove that there is a pattern of racketeering activities,” he said.