The court has dismissed an application by the accused in the Defensor Electronic Security Systems trial to be discharged from the matter.
THE COURT has dismissed an application by the accused in the Defensor Electronic Security Systems trial to be discharged from the matter.
The accused, including the former head of the Department of Health, Dr Steven Jonkers, who is currently the deputy director-general of the Northern Cape provincial government, and Defensor Electronic Security Systems and its directors Gert Renier van Rooyen and Claudius Gerald Peterson, submitted the application in the Northern Cape High Court on September 7.
The regional spokesperson for the National Prosecuting Authority, Mojalefa Senokoatsane, said that Section 174 of the Criminal Procedure Act 51 of 1977 allowed an accused to be discharged from the offence that was allegedly committed, where there was no evidence linking the accused to the charges, at the close of the State’s case.
“Jonkers was charged with contravening the provisions of the Public Finance Management Act (PFMA) while Defensor Electronic Security Systems and its directors are charged with fraud, as well as contravening the Private Security Industry Regulations Act (PSIRA). The former HOD, as the accounting officer, is alleged to have concluded a contract with Defensor without following the correct procurement processes,” said Senokoatsane.
He added that according to senior State advocate Isaac Mphela and State advocate Jean Booysen, Jonkers, as the accounting officer at the time, entered into a R380 million security contract with Defensor Electronic Security Systems despite the company not being in possession of the required security licence and other South African Revenue Service documents.
“The court dismissed the Section 174 application after a ruling was made that the bid documents that were submitted by the State in September was admissable evidence. The defence objected to the authenticity of the documents as they were not the original copies that the accused submitted when they bid for the security tender.”
Senokoatsane added that the trial was postponed until December 11 for the defence to present its arguments.
The accused are out on bail.
