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In a significant move against corruption, the Middelburg Specialised Commercial Crime Court has handed down a sentence to former Eskom employee Thandi Ruth Magagula for charges involving fraud, corruption, and conflict of interest. The sentence follows an intensive investigation by the Hawks' Serious Commercial Crime Investigation unit in Middelburg, working closely with the Special Investigating Unit (SIU).
Magagula, who served as a Safety Risk Manager with the state-owned power utility from April 2013 to July 2015, failed to declare her concurrent role as a Director for Montoza Engineering and Project CC, a company contracted to provide services to Eskom during the same period. This dual involvement was undiscovered until concerns were raised and subsequently probed by the SIU.
Upon investigation, the Hawks uncovered that Magagula had deceitfully submitted declaration forms and tender documents to Eskom, falsely asserting that she had no business dealings with the parastatal while her company was, in fact, actively rendering services. This misrepresentation resulted in a calculable financial loss to Eskom amounting to R58,888.76.
After the completion of the investigation, prosecutors issued a warrant for Magagula's arrest, and she was taken into custody on 9 February 2024. Upon her initial appearance in court, she was released on R10,000 bail. After multiple court appearances and deliberation of the evidence, Magagula was found guilty by the court on 11 October 2024.
On 25 October 2024, the court sentenced Magagula on multiple counts of corruption to either a R50,000 fine or a two-year prison term. Additionally, she received a four-year suspended sentence with a five-year probation period, provided she does not violate the Prevention and Combating of Corrupt Activities Act during this time. For fraud, she received a three-year suspended sentence under similar conditions. The court withdrew the tenth count related to contravention of the Prevention of Organised Crime Act but implemented a confiscation order mandating that Magagula pay R20,000 into the Criminal Assets Recovery Account within 30 days.
This case serves as a warning to public officials and contractors, highlighting the active role judicial and investigative bodies play in combating corruption within South Africa's public sector. The sentencing reflects a continual commitment to uphold integrity and legality, especially in state-owned enterprises critical to the nation’s infrastructure and economy.