The trial of six people facing fraud, money-laundering and corruption charges totalling nearly R10m was delayed in the Gqeberha commercial crimes court on Monday when it emerged that one of the accused still did not have legal representation.
Addressing the court, Legal Aid SA attorney Anlen Jarman, provisionally representing accused Sean de Beer, said he had still had not been assigned an attorney after his previous application failed.
According to Jarman, a new means test had been implemented and De Beer’s new application was receiving attention.
“I have been informed that the matter should be finalised within the next month,” Jarman said.
De Beer, his half-brother Coenraad, his wife Pierrette, her now defunct company CAT Civils SA (Pty) Ltd, Maria Viljoen and her company Cumax 184 CC as well as husband and wife Rikus and Susanna Engelbrecht pleaded not guilty to all charges at the start of the trial.
Only the Engelbrechts, represented by attorney Alwyn Griebenow, were present in court.
The others, who are from out of town, were excused from attending proceedings on Monday.
The six handed themselves over to the Hawks and were released on various amounts of bail ranging between R1,000 and R8,000 in April 2021.
The state alleges that between 2015 and 2016 the accused, some working for the now defunct CAT Civils Engineering, orchestrated corrupt business dealings with at least three other companies involved in a resurfacing project of the national road between Khowa and Barkly East.
It is alleged that during 2015, the Gqeberha branch of Penny Farthing Engineering SA (Pty) Ltd (PFE) entered into a contract with the SA National Roads Agency (Sanral) for the resurfacing of the road.
As the main contractor in the project, PFE appointed various subcontractors with the proviso that all subcontractors be approved by Sanral and that no further subcontractors were allowed to be appointed without the necessary permissions.
Rikus Engelbrecht was appointed by PFE to work on the project as a general foreman and would monitor the progress of the work and verify claims submitted by subcontractors in the daily reports they had to submit for payment.
The reports would then be submitted to Coenraad, who was appointed by PFE as site manager on the road project.
In mid-2015, Ugie MacQuarry (Pty) Ltd (Ugie Mac) submitted a quote for delivery of materials to PFE which was rejected.
Coenraad was mandated by PFE to renegotiate, but allegedly used the opportunity to advance an “unlawful business scheme” with CAT Civils, whose sole director was his wife, Pierrette, and represented by Sean.
It is alleged that Coenraad falsely informed Ugie Mac that CAT Civils was entitled to a brokerage fee of R30 per tonne for the delivery of material to PFE, which would be paid into the bank account of CAT Civils.
Between March 2016 and November 2016, Ugie Mac allegedly paid a total of R656,216.62 to CAT Civils.
In January 2016, Ibhabhatane Trading CC was appointed as a subcontractor by PFE for the road project.
It is alleged that Coenraad appointed himself and Rikus to attend to the payment certificates of Ibhabhatane and took control over the invoices and draft payment certificates submitted by Ibhabhatane to PFE.
Sean, Coenraad and Rikus then allegedly colluded to inflate the claims submitted for payment on behalf of Ibhabhatane to PFE for work done and, as a result, between March and November 2016, R3,555,873 was allegedly overpaid to Ibhabhatane.
During 2016, Cumax 184 was appointed as a subcontractor by PFE for the road project, with Viljoen as director of the company.
It is alleged that Coenraad, in common purpose with Viljoen, fraudulently took control of the subcontract and manipulated claims by Cumax 184 to PFE.
Between April 2016 and October 2016 PFE paid Cumax 184 a total R6.112,282.29 which was allegedly inflated by R2.965,935.81.
Coenraad and Viljoen allegedly shared the profits made by Cumax 184.
According to court papers, Viljoen paid CAT Civils a total of R1,920,249.
A further R150,000 was allegedly paid to the personal bank account of Rikus’ wife, Suzanna, from the bank account of CAT Civil as a gratification.
The matter was postponed to July 27.
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