State attorney head charged with fraud for double payments

The former head of the Mthatha State Attorney’s office, Sithembele Tshitshi and a lawyer, Xolani Polo, appeared in the Mthatha Specialised Commercial Crimes Court facing charges of fraud this week.

National Prosecuting Authority regional spokesperson for Mthatha, Luxolo Tyali said the two attorneys had been charged, along with Polo’s law firm, Polo Attorneys, for fraud and for contravening the  Public Finance Management Act (PFMA).

Tyali said the state had alleged that in July 2016, Polo had been employed as a professional assistant at a particular law firm in the area. 

“He dealt with litigation matters against the Department of Health and the South African Police Services.” Tyali said.

The firm of attorneys that he worked for was the attorney of record in the state’s litigation matters. 

“The State Attorney’s office function is to represent the state in litigation claims against government departments,” Tyali said.

However, Tyali said that when the litigation matters had been finalised, Polo allegedly misrepresented himself and submitted claims for legal services rendered, and the funds were paid to his own law firm instead of into the bank account of the firm that he had worked for as an assistant.

Double dipping into state attorney funds

He said Tshitshi had allegedly authorised the payment of a second payment to the law firm that had done the work, although he was aware that Polo had already been paid for the same services, “in gross  negligence of the PFMA”.

“The matter was referred to the NPA’s Specialised Commercial Crimes Unit following an investigation by the Special Investigating Unit (SIU),” Tyali said.

He said both of the fraud suspects were granted R5000 bail each.

“The case was postponed to 31 May 2021 for the state to furnish the defence with the contents of the docket and pre-trial procedures,” he said.