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Defence suffers a blow as Court rules as admissible a statement ‘implicating’ the accused in the Department of Labour’s Compensation Fund fraud matter

by lloyd last modified 2013-03-06 10:19


The Pretoria Magistrate’s Court today (March 6) ruled that the ‘disputed’ statement implicating the role of one of the accused in the fraud matter involving the Department of Labour’s (DoL) Compensation (CF) will be accepted as admissible evidence.

Handing down judgment in the trial-within-a-trial in the matter of Maxwell Ramaphosa (36) and Samuel Mfeleng (36) - both from Soshanguve in Pretoria, Magistrate Fikile Ntlati said the statement would be admissible in the trial and complied with all required processes.  

The statement in dispute implicates accused number one, Ramaphosa that he voluntarily admitted his part in the fraud matter.

Ntlati said at the time the statement was obtained Ramaphosa was not a suspect nor charged. She said there was no evidence to suggest that force was used to draft the disputed statement, “the statement was obtained freely and voluntarily and will be used as an exhibit”.

The two former employees (Ramaphosa and Mfeleng) of the Department of Labour’s Compensation Fund are alleged to have defrauded the department R2,1-million. They are out on a bail of R3000.

The accused face 15 counts of fraud and 26 counts of money laundering. They are alleged to have been working as a syndicate in collaboration with convicted fraud physio Jurry Bonewamang Sehunoe, a physiotherapist from Rustenburg in North West. Sehunoe has since been sentenced in a separate Court to five years imprisonment, suspended for years.

Ramaphosa and Mfeleng are also entangled in two other fraud cased currently on trial.

A State witnessed also testified in Court that payments of claims captured and approved by Ramaphosa and Mfeleng in the system were in contravention of Government Gazette quoted norms.

“In the period of nine months between February and November 2010 the total amounts approved for claims handled by the accused seemed far higher than norm for a physiotherapists. The claims did not match injuries incurred,” she said.   

According to the former data analysts at the Compensation Fund the average claims for physiotherapists was R800, compared to claims handled by Ramaphosa and Mfeleng which fluctuated in the range of between R1 500 to R6000. She said the payments approved by the accused were deviant of the norm.

The trial continues on May 14 for further cross-examination of witnesses.  

The Compensation Fund is a public entity of the Department of Labour. The fund provides cushion for workers injured during work or diseases sustained. – ENDS

Issued by: Page Boikanyo

Departmental Spokesman

082 809 3195

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