Benjamin Zass, a former deputy mayor of Cederberg, has been found guilty of fraudulent activities by the Bellville Commercial Crimes Court related to a tender worth R20,000 for providing school uniforms to underprivileged students.

Eric Ntabazalila, the spokesperson for the Western Cape National Prosecuting Authority, confirmed that advocate Andre Botman led a successful prosecution against Zass for committing fraud and violating the Municipal Finance Management Act. This legal action followed a complaint filed by a service provider named Louisa Swartz.

Louisa Swartz is the owner of RJ Swartz, a company registered in the supplier database of the Cederberg municipality. She had submitted a bid for the “Back to School Project” of the municipality, offering to supply 100 school uniforms for R20,000. The municipality transferred the funds to her business account on January 23, 2018. Shortly afterward, Zass contacted Swartz, explaining that the municipality would take over the project and asked her to return the money, deducting R500 for administrative expenses. When Swartz requested formal bank account details for the refund, Zass opted to meet her outside a local grocery store to collect the cash instead.

Swartz testified that she felt uneasy carrying such a large sum in a paper bag and was accompanied by her son, Sgt Rodney Swartz. Testimony from the municipality’s Chief Financial Officer and an accountant confirmed that councillors were prohibited from interfering with procurement processes. Zass claimed he acted on the instructions of municipal manager Henry Slimmert, but Slimmert denied this, testifying that his department had signed off on the invoice under the belief that goods were received, which was not the case.

Botman presented evidence from seven witnesses, including Swartz, her son, Zass’s former driver Collin Davids, Slimmert, accountant Johan Francois van der Westhuizen, CFO Michael Adrian Smit, and investigating officer Sgt Mokwena. The evidence showed that Zass had personally taken control of the project, bypassing proper procedures and abusing his position of trust.

The court rejected Zass’s defence and found him guilty. His sentencing is scheduled for May 29.