Acquitted ex-Health HOD plans to sue state over ‘malicious prosecution’

THE FORMER head of the Northern Cape Department of Health, Steven Jonkers, who is currently employed as a deputy director-general in the Office of the Premier, intends to sue the state and individuals in their personal capacity for being subjected to a “malicious prosecution”.

He was found not guilty of contravening the Public Finance Management Act (PFMA) after a R384 million tender was awarded to Defensor Security Systems by the Department of Health in 2017 for guarding services at 671 sites.

His co-accused, Gert Renier van Rooyen and Claudius Peterson, directors of Defensor Security Services, were found guilty on a charge of fraud and contravening the Private Security Industry Regulatory Authority (Psira) Act in the Northern Cape High Court this week.

Jonkers said he was aggrieved that he was “handcuffed and treated like a common criminal” when arrested by the Hawks.

“I was dragged to court on allegations that were never proven in a court of law,” he stated.

He indicated that the provincial government had to foot a legal bill running into several million rand, even though he was found not guilty while executing his duties.

“These funds could have been better utilised to provide much-needed service delivery to the community to change their living conditions. The wastage of state resources is resulting in fruitless and wasteful expenditure in the name of the state,” he said.

He added that the court had recognised that he performed his duties in line with the law.

“There was no transgression of the PFMA when Defensor Security Services was appointed. I was persecuted with malicious intentions during a court case that dragged on for three years and was paraded as a corrupt criminal. This was done to discredit us in the eyes of the public.”

Acting Northern Cape High Court Judge Chwaro stated that van Rooyen and Peterson had submitted a tax clearance certificate that was not issued by the South African Revenue Service (SARS), while the bidding company they represented was not registered with Psira at the time.

“The tax clearance certificate belonged to Defensor Security Electronic Services (Pty) Ltd, and the VAT number was linked to CamGuard Security Solutions. A letter of good standing was issued for Defensor Security Services by Psira. However, the accused failed to disclose these details and made misrepresentations to the Department of Health,” he said.

He added that while the original bid in the service level agreement was R224 million, it was later increased to R384 million.

“The revised amount would not have been approved without the go-ahead from Treasury.”

Senior state advocate Isaac Mphela called for an investigation by the Asset Forfeiture Unit to determine if any assets were acquired through the proceeds of profits from the security tender.

He pointed out that van Rooyen had paid an admission of guilt fine of R3,000 in 2009 for a speeding fine.

The legal representative for the accused, senior advocate Willem Edeling, stated that his clients had hardly derived any benefits, as the majority of the funds went towards paying employees’ salaries.

He indicated that his clients would appeal the conviction.

Edeling added that a social worker appointed by the state was compelled to interview Van Rooyen’s minor children to ascertain the impact the sentence would have on his family.

“We could wait for several months or years for the state-appointed social worker to become available.”

Sentencing procedures were postponed until November 17, and the accused’s bail was extended.