R384m security tender trial: 'Defensor did nothing wrong,' claims defence

THE DEFENCE in the Defensor Security trial has argued that the company had permission to use the registration number of another business entity with the same directors.

Defensor Electronic Security Systems (Pty) Ltd was awarded a R384 million tender by the Northern Cape Department of Health in 2017.

The former head of the department, Steven Jonkers, along with two company directors of Defensor Electronic Security Systems, Gert Renier van Rooyen and Claudius Gerald Peterson, are currently standing trial in the Northern Cape High Court on charges including fraud and contravention of the Public Finance Management Act.

The State alleges that supply chain management processes were flouted, that Defensor lacked a valid tax clearance certificate, and that the company was not registered with the Private Security Industry Regulatory Authority (Psira).

PricewaterhouseCoopers forensic auditor Trevor White indicated that this was the first time he had been recalled to the stand to testify on so-called "new facts", despite no new information being presented. 

He stated that no tax clearance certificate had been issued by the South African Revenue Service to the company awarded the tender.

“The Psira number belongs to another company. You cannot make use of another company’s registration number in a bid document,” White said.

He further testified that no adjudication process had been followed when the tender was awarded.

“An extension was applied for in 2015 when the bid had lapsed.”

White added that an investigation was under way to track the flow of funds paid by the department and determine where the money ended up.

State advocate Isaac Mangena stated that the accused had misrepresented the facts.

The legal representative for the accused, senior advocate Willem Edeling, maintained that Defensor had permission to use the registration number of a related entity with the same directors.

“There is a bank statement to prove payment to Psira. Van Rooyen and Peterson even travelled to Johannesburg to see the manager of Psira,” he said.

Edeling further accused White of bias.

The case continues before Acting Judge Omphemetse Chwaro.