THE Free State High Court has granted the provincial health department permission to stop the release of pension benefits to one of its former employees accused of involvement in a multimillion-rand corruption scandal, while dismissing the same bid against another ex-official.
In a recent judgment, Judge JP Daffue ruled that the Government Employees Pension Fund and the Government Pensions Administration Agency be interdicted from paying out the pension of Motsumi Krisjan Polori, pending the outcome of a civil claim lodged by the MEC for Health to recover alleged losses.
However, the court dismissed the department’s application to freeze the pension of Phoko Francis Stuurman, another former official implicated in the same corruption probe, citing a lack of evidence linking him to the alleged misconduct.
The case stems from the department’s ongoing investigation into alleged fraudulent payments made to companies that purportedly rendered no services.
The MEC relied on section 37(D)(1)(b) of the Pension Funds Act, which allows an employer to withhold a member’s pension if there is evidence of theft, fraud or misconduct pending final determination of liability.
Both Polori and Stuurman, arrested in 2021, are among 25 accused in a long-running criminal trial involving 322 counts of fraud, theft and corruption related to irregular payments to private entities, including Tsa Rona Consultancy, Land Breeze Trading, Amakholwa Consultancy and Training and Zen Communications.
According to court documents, the department accuses Polori of colluding with service provider Mavuso Kwababa, who has since pleaded guilty and been sentenced.
Kwababa’s sworn statement revealed that he paid cash kickbacks to Polori after receiving departmental deposits totalling over R700 000 in 2015.
Polori has denied knowing Kwababa or receiving any money from him.
Judge Daffue found that while the department established a “strong prima facie case” of wrongdoing against Polori, it had failed to prove any misconduct by Stuurman.
“Unlike Mr Polori, no evidence has been placed before this court to show that Mr Stuurman received any unlawful payments or acted in collusion with others,” the judge said.
He noted that Stuurman, who worked in the human resources section – not finance – had even been earmarked as a witness for the department in Polori’s disciplinary proceedings before his resignation in January 2024.
The court also observed that the National Director of Public Prosecutions had not included Stuurman in related asset preservation proceedings earlier this year, suggesting insufficient grounds to pursue him.
In granting the interdict against Polori, the court found that allowing his pension to be paid out now would likely cause irreparable harm to the department if it later succeeded in its damages claim.
“Mr Polori is unemployed, faces criminal charges and has admitted that he and his wife have no other income. If the pension is paid out, the department will have no practical means to recover its losses,” Judge Daffue wrote in his judgment handed won on 31 October.
The civil claim against Polori is not expected to be heard before 2027 due to the ongoing criminal trial.