Tuesday, April 29, 2025 - Former Cederberg deputy mayor Benjamin Zass has been convicted of fraud by the Bellville Commercial Crimes Court in connection with a R20,000 tender for the supply of school dresses to disadvantaged pupils.
Western Cape National Prosecuting Authority spokesperson
Eric Ntabazalila confirmed that advocate Andre Botman successfully prosecuted
Zass on charges of fraud and contravention of the Municipal Finance Management
Act, following a complaint by service provider Louisa Swartz.
Swartz, the sole owner of RJ Swartz, a company listed on the
Cederberg municipality’s supplier database, had tendered for the municipality’s
"Back to School Project" by quoting R20,000 to supply 100 school
dresses. On January 23, 2018, the municipality deposited the funds into her
business account. Shortly after, Zass contacted her, informing her that the
municipality would manage the project directly and instructing her to return
the funds, less R500 for administrative costs. When Swartz requested official
banking details for the repayment, Zass instead arranged to meet her outside a
local grocery store to collect the cash.
Swartz testified that she felt uneasy carrying such a large
sum in a paper bag and was accompanied by her son, Sgt Rodney Swartz. Testimony
from the municipality’s Chief Financial Officer and an accountant confirmed
that councillors were prohibited from interfering with procurement processes.
Zass claimed he acted on the instructions of municipal manager Henry Slimmert,
but Slimmert denied this, testifying that his department had signed off on the
invoice under the belief that goods were received, which was not the case.
Botman presented evidence from seven witnesses, including
Swartz, her son, Zass’s former driver Collin Davids, Slimmert, accountant Johan
Francois van der Westhuizen, CFO Michael Adrian Smit, and investigating officer
Sgt Mokwena. The evidence showed that Zass had personally taken control of the
project, bypassing proper procedures and abusing his position of trust.
The court rejected Zass’s defence and found him guilty. His
sentencing is scheduled for May 29.
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