ANNEXURE “A”

IN THE COURT FOR THE REGIONAL DIVISION OF GAUTENG

HELD AT THE REGIONAL COURT IN PRETORIA NORTH

CASE NUMBER

WHEREAS:

The Director of Public Prosecution and Head of the Investigating Directorate

established by Proclamation No. 20 of 2019 of 4 April 2019, who prosecutes for and

on behalf of the State in terms of section 24(2) of the National Prosecuting Authority

Act, (Act No 32 of 1998) (NPA Act), hereby informs this Honourable Court that:

SALAMINA KHOZA, a sixty-eight-year-old female South African citizen resident at

2059 Soshanguve Block M Extension, Soshanguve, Pretoria, Gauteng Province,

Is guilty if the following crimes:

COUNT 1: CONTRAVENTION OF SECTION 9 OF THE JUSTICES OF PEACE

AND COMMISSIONERS OATHS ACT, 1963 (ACT NO.16 OF 1963)

COUNT 2: FRAUD

COUNT 3: THEFT

COUNT 4: FRAUD

COUNT 5: CONTRAVENTION OF SECTION 21(1) (a) AND (b) READ WITH

SECTIONS 1 AND 31 OF THE SOCIAL ASSISTANCE ACT, 2004 (ACT NO.13 OF

2004)

COUNT 6: CONTRAVENTION OF SECTION 21(2) READ WITH SECTIONS 1 AND

31 OF THE SOCIAL ASSISTANCE ACT, 2004 (ACT NO.13 OF 2004)

COUNT 7: CONTRAVENTION OF SECTION 21(2) READ WITH SECTIONS 1 AND

31 OF THE SOCIAL ASSISTANCE ACT, 2004 (ACT NO.13 OF 2004)

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___________________________________________________________________

CHARGE SHEET

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GENERAL PREAMBLE TO THE CHARGES

Whereas at all times material to the charges

1. The accused is a sixty-eight-year-old woman who is a recipient of an older

person’s grant in terms of the Social Assistance Act, 2004 (Act No.13 of

2004).

2. She was listed as a sole director of Isasalethu Construction and Office

Consumables (Pty) Ltd (Isasalethu)with registration number 2012/060132/07,

Sifikile Furniture and Projects (Pty) Ltd (Sifikile) with registration number

2012/059968/07 and Siyangoba Trading and Projects (Siyangoba) with

registration number 2012/061892/07.

3. The companies mentioned in paragraph 2 above were registered in the

central supplier database (CSD) of National Treasury.

4. According to the Police Financial System (POLFIN) of the South African

Police Service (SAPS) the three companies were recipients of various

amounts of money that were paid to them by the SAPS. The three companies

were service providers of the SAPS.

5. Section 27(1) (c) of the Constitution of the Republic of South Africa provided

that: “Everyone has a right of access to social security, including, if they are

unable to support themselves and their dependents, appropriate social

assistance.”

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 6. Upon or about the 15th day of September 2014 the accused deposed to an

affidavit in support of an application for old age grant. In her affidavit the

accused stated that she had no source of income and that she was surviving

by selling atchaar earning an income of approximately R400-00 per month

and that she was receiving assistance from a brother or brothers.

7. The accused then submitted her application for old age grant to the South

African Social Security Agency (SASSA).

8. Section 21 of the Social Assistance Act provides: “(1) A person is guilty of an

offence if such person, when applying for social assistance, furnishes

information which he or she knows to be untrue or misleading in a material

respect or makes a representation which to his or her knowledge is false, in

order that he or she or another person may-

(a) obtain or retain social assistance to which he or she is not entitled in terms

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(b) obtain social assistance in excess of that to which he or she is entitled in

terms

(2) If any person receives social assistance knowing that he or she is not

entitled

thereto, or is not entitled to the full amount which he or she is receiving, and

he or she 45 fails to inform the Agency thereof, he or she is guilty of an

offence.

(3) A beneficiary who knowingly fails to inform the Agency of any material

change of

information contemplated in section 14(5), is guilty of an offence.”

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 9. Section 30 of the Social Assistance Act provides: “A person is guilty of an

offence if he or she-

(a) hinders or obstructs the Director-General or an employee of the

Department or the Agency in the performance of his or her functions in terms

of this Act,

(b) refuses or fails to comply with a requirement or request which the Agency

or an employee of the Inspectorate has lawfully set or made in the

performance of his or her functions in terms of this Act,

(c) intentionally furnishes the Agency or an employee of the Inspectorate with

false or misleading information,

(d) has been subpoenaed under section 23 or 28 and fails or refuses, without

sufficient cause, to-

(i) appear at the time and place specified in the subpoena,

(ii) remain in attendance until excused by the person presiding at the enquiry

from further attendance, or

(iii) take an oath or to make an affirmation as a witness.”

10. Section 31 of the Social Assistance Act provides: “A person convicted of an

offence in terms of this Act is liable, unless different provision is specifically

made to a fine or imprisonment for a period not exceeding 15 years, or to both

a fine and such imprisonment.”

11. The application was approved. On the 22nd of September 2014 SASSA wrote

a letter to the accused informing her that her application for old age grant in

terms of the Social Assistance Act, 2004 (Act No. 13 of 2004) was approved.

The communication was delivered to the accused on or about the 27 th day of

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 September 2014 and she acknowledged receipt of the communication by

appending her signature thereon.

12. At the time when the accused applied for old age grant, the accused was

already listed as a director of the three companies referred to above. The

accused failed to disclose the material fact that she was listed as a sole

director of three companies that were doing business with an organ of state.

13. When the three companies that were registered in her name started to earn

income from contracts awarded by the SAPS, the accused knowingly failed to

inform SASSA of material change of information contemplated in section

14(5) of the Social Assistance Act, 2004 (Act No.13 of 2004).

14. Section 21 of the Social Assistance Act provides: “(1) A person is guilty of an

offence if he or she-

(a) hinders or obstructs the Director-General or an employee of the

Department or the Agency in the performance of his or her functions in terms

of this Act,

(b) refuses or fails to comply with a requirement or request which the Agency

or an employee of the Inspectorate has lawfully set or made in the

performance of his or her functions in terms of this Act; (c) intentionally

furnishes the Agency or an employee of the Inspectorate with false or

misleading information,

(d) has been subpoenaed under section 23 or 28 and fails or refuses, without

sufficient cause, to-

(i) appear at the time and place specified in the subpoena,

(ii) remain in attendance until excused by the person presiding at the enquiry

from further attendance,

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 (iii) take an oath or to make an affirmation as a witness.”

15. Section 31 of the Social Assistance Act provides: “A person convicted of an

offence in terms of this Act is liable, unless different provision is specifically

made to a fine or imprisonment for a period not exceeding 15 years, or to both

a fine and such imprisonment.”

16. Section 83 of the Criminal Procedure Act, 1977 (Act no.51 of 1977) provides:

“If by reason of any uncertainty as to the facts which can be proved or if for

any other reason it is doubtful which of several offences is constituted by the

facts which can be proved, the accused may be charged with the commission

of all or any of such offences, and any number of such charges may be tried

at once, or the accused may be charged in the alternative with the

commission of any number of such offences.”

NOW THEREFORE the accused is guilty of the following crimes:

COUNT 1

CONTRAVENTION OF SECTION 9 READ WITH SECTION 1 OF THE JUSTICES

OF PEACE AND COMMISSIONERS OF OATHS ACT, 1963 (ACT NO. 16 OF

1963)

THAT the accused is guilty of contravening the provisions of Section 9 rea with section

1 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No.16 of

1963),

IN THAT upon or about the 15th of September 2014 at or near Soshanguve in the

Regional Division of Gauteng the accused did unlawfully and intentionally make a false

statement in an affidavit, affirmation or solemn or attested declaration to wit an affidavit

in support of her application for an older person’s grant made before a person

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competent to administer an oath or affirmation or take a declaration to wit S Phakedi

knowing it to be false.

COUNT 2

FRAUD

IN THAT upon or about the 15th of September 2014 and at or near Soshanguve in the

Regional Division of Gauteng the accused did unlawfully, falsely and with intent to

defraud give out and pretend to the South African Social Security Agency (SASSA)

and/or National Treasury and/or the public that:

17. All the representations made in her application for old age grant were truthful

and/or,

18. The accused did not have any source of income except for the earning from the

sale of atchaar and/or financial support from his brother or brothers and/or,

19. The accused was not listed as a director of any company registered in terms of

the Companies Act, 2008 (Act No.71 of 2008) and/or,

20. The accused was unemployed and did not have a source of income except for

the incomes referred to in paragraph 16 above and/or,

21. The accused was in fact and in truth a person described in section 27(1) (c) of

the Constitution read with the provisions of the Social Assistance Act, 2004 (Act

No.13 of 2004),

AND did there and then and by means of the said misrepresentations induce SASSA

and to the prejudice of and/ or potential prejudice of SASSA and/or National Treasury

and/or the public to:

22. Receive and process her application for an older person’s grant and/or,

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 23. Approve the application for an older person’s grant made and submitted by the

accused and/or,

24. Accept that all the representations made by the accused in her application for

an older person’s grant were truthful and/or,

25. Accept that the accused was a person who met the requirements set out in the

Constitution and the Social Assistance Act,

WHEREAS when the accused misrepresented as aforesaid, she well knew that in truth

and in fact:

26. All or some of the representations made in her application for old age grant

were not truthful and/or,

27. The accused did have sources of income in the form of companies that were

registered and had her listed as the sole director thereof and/or,

28. The accused was listed as a director of three companies registered in terms of

the Companies Act, 2008 (Act No.71 of 2008) and/or,

29. The accused was not unemployed and did have other sources of income except

for the incomes referred to in paragraph 16 above and/or,

30. The accused was in fact and in truth not a person described in section 27(1) (c)

of the Constitution read with the provisions of the Social Assistance Act, 2004

(Act No.13 of 2004).

COUNT 3

THEFT

WHEREAS during the period between the 1st of September 2014 and the 31st of

August 2022 and at or near Pretoria in the Regional Division of Gauteng, SASSA

and/or National Treasury and/or the taxpayers paid various amounts of money totalling

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R152 125-00 to the accused as social grant in terms of the Social Assistance Act,

2004 (Act No.13 of 2004),

AND WHEREAS the said payments were made to the accused because of

misrepresentations made to SASSA and/or National Treasury and/or the taxpayers by

the accused,

AND WHEREAS the accused did unlawfully and intentionally appropriate and/or steal

the said amounts of money,

AND WHEREAS the aforesaid were properties of SASSA and/or National Treasury

and/the taxpayers,

AND WHEREAS the accused had the intention to permanently deprive SASSA and/or

National Treasury and/or the taxpayers of the ownership of the aforesaid amounts of

money,

NOW THEREFORE the accused is guilty of the crime of THEFT.

COUNT 4

FRAUD

WHEREAS during the period between the 15th of December 2014 and the 31st of

August 2022 the accused received payments of various amounts of money from the

South African Social Security Agency in terms of the provisions of the Social

Assistance Act, 2004 (Act No.13 of 2004).

AND WHEREAS the general and financial circumstances of the accused changed in

that she was listed as a sole director of Sifikile, Siyangoba and Isasalethu and the

three companies earned income in the form of payments from the SAPS made

pursuant to awards of contracts to the three companies by the SAPS,

AND WHEREAS the payments resulted in a change in the general and financial

circumstances of the accused in terms of section 14(5) of the Social Assistance Act,

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AND WHEREAS the accused was required to inform the South African Social Security

Agency of the change in her general and financial circumstances in terms of section

14(5) of the Social Assistance Act,

AND WHEREAS the accused did unlawfully and with intent to defraud falsely and to

the prejudice, either real or potential, of the SASSA and/or the SAPS and/or National

Treasury and/or the taxpayers, fail or omitted to report the change or changes in her

general or financial circumstances in circumstances where there was a duty to

disclose or report change or changes and did there and then and by means of the

aforesaid failure and/or omission to disclose and/or report the change or changes in

her general and financial circumstances and to the prejudice and/or potential prejudice

of National Treasury and/or National Treasury and/or the taxpayers induce SASSA to

not perform the functions and powers assigned to it by the Social Assistance Act and

the Constitution of the Republic of South Africa,

AND WHEREAS when the accused misrepresented as aforesaid, she well knew that

in truth and in fact there was a duty to disclose and/or inform SASSA of the changes

in her general and financial circumstances,

NOW THEREFORE the accused is guilty of the crime of FRAUD.

COUNT 5

CONTRAVENTION OF SECTION 21(1) (a) AND (b) READ WITH SECTIONS 1

AND 31 OF THE SOCIAL ASSISTANCE ACT, 2004 (ACT NO.13 OF 2004)

IN THAT upon or about the 15th of September 2014 at or near Pretoria in the regional

Division of Gauteng the accused applied for an older person’s grant and when applying

for the said grant she unlawfully and intentionally furnished information which she

knew to be untrue or misleading in a material respect or made a representation or

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representations which to her knowledge was or were false in order that she could

obtain or retain social assistance to which she was not entitled in terms of the Social

Assistance Act, 2004 (ActNo.13 of 2004); or obtain social assistance in excess of that

to which she was entitled in terms of the Social Assistance Act, 2004 (Act No.13 of

2004).

COUNT 6

CONTRAVENTION OF SECTION 21(2) READ WITH SECTIONS 1 AND 31 OF THE

SOCIAL ASSISTANCE ACT, 2004 (ACT NO.13 OF 2004)

IN THAT during the period between the 15th of September 2014 and the 31st of August

2022 at or near Pretoria in the Regional division of Gauteng the accused unlawfully

and intentionally received social assistance, to wit an older person’s grant, knowing

that she was not entitled thereto, or was not entitled to the full amount which she

received and she failed to inform the South African Social Security Agency thereof.

COUNT 7

CONTRAVENTION OF SECTION 21(3) READ WITH SECTIONS 1 AND 31 OF THE

SOCIAL ASSISTANCE ACT, 2004 (ACT NO.13 OF 2004)

IN THAT during the period between the 15th of September 2014 and the 31st of August

2022 at or near Pretoria in the Regional Division of Gauteng, the accused was a

beneficiary of an older person’s grant and she unlawfully and knowingly failed to inform

the South African Social Security Agency (SASSA) of material change of information

contemplated in section 14(5) of the Social Assistance Act, 2004 (Act No.13 of 2004).

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