Renier van Rooyen, Claudius Peterson and Steven Jonkers appeared in the Northern Cape High Court on January 31. Picture: Sandi Kwon Hoo
NORTHERN Cape High Court Acting Judge Omphemetse Chwaro last week dismissed an application to recuse himself from the Defensor security tender trial.
A previous application brought by the accused to be discharged from prosecution was similarly unsuccessful.
The accused - former HOD for the Northern Cape Department of Health, Steven Jonkers, and Defensor Electronic Security Systems (Pty) Ltd directors Renier van Rooyen and Claudius Peterson - were charged in connection with a R384 million security tender that was awarded by the Department of Health in 2017.
They are facing charges of fraud and contravention of the Public Finance Management Act.
The State alleges that supply chain management processes were flouted, as the company was not fully compliant or registered with the Private Security Industry Regulatory Authority (PSiRA) when it was awarded the tender.
Van Rooyen and Peterson submitted an application for Judge Chwaro to recuse himself, as they believed they would not receive a fair trial.
They alleged that a person, who identified himself as an advocate from the National Prosecuting Authority’s head office in Pretoria, attempted to solicit a bribe from them.
According to the accused, the individual claimed he could persuade the presiding judge to rule in their favour in exchange for payment.
Judge Chwaro pointed out that he had taken an oath of office, which he considered “sacrosanct”, and had undertaken to carry out his judicial functions in an impartial manner.
He dismissed the application, saying it had “no merits or grounds”, and postponed the matter until June 30.