- The State has charged the Accused with 4 Counts of fraud, 7 counts of forgery, and 7 counts of uttering. Accused 1, Jabulani Mabaso, was at all times during the events which gave rise to the charges the managing director of Accused 2, Indiza Infrastructure Solutions, which will hereafter be referred to simply as ‘Indiza’.
- In terms of a tender awarded in May 2005, Indiza-Motswedi, a consortium between Indiza and another company named Motswedi Outsourcing, was to supply an integrated management system for the delivery of stationery to Section 20 schools in the province as per specifications in the tender. This was in terms of a programme known as the Learner Teacher Support Materials (LTSM) an initiative of the Department of Education (“DoE”). This ultimately gave rise to the charges framed in the indictment.
- In terms of a Service Level Agreement (SLA) subsequently entered into between Indiza only and the DoE the contract consisted of project management and the supply of stationery. Full details of the tender, the subsequent Service Level Agreement (“SLA”) and the scope of the work to be done are contained in detail in the indictment as well as the statement made by the accused in terms of Section 115 of the Criminal Procedure Act 51 of 1977, and will not be repeated here in the interest of brevity.
- Insofar as the Heads of Argument for the Applicant stand, the State is ad idem with the submissions made in Paragraphs 1, 2, 3.1 and 3.2 of the said Heads.
- The fraud counts in Count 1 and Count 18 are based on inflated prices to which, or so the indictment alleges, the Accused were not entitled. The Counts 12 and 15 pertain to forged Palm Stationery Invoices attached to Indiza Infrastructure Solutions Invoice numbers 2007/004 and 2007/009.
To download the full document please click here – HEADS OF ARGUMENT FOR THE STATE REGARDING AN APPLICATION IN TERMS OF s174 OF ACT 51 OF 1977
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