Retired SANDF Brigadier General, company director out on bail following a R2.2 million military tender fraud

Members of the South African National Defence Force. File Photo: Kopano Tlape /GCIS

Members of the South African National Defence Force. File Photo: Kopano Tlape /GCIS

Published Apr 18, 2024

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A retired member of the South African National Defence Force (SANDF) appeared at the Pretoria Specialised Commercial Crimes Court, where he was granted bail in a case relating to alleged tender fraud worth R2.2 million.

Former Brigadier General Mendis Eddy Modlane, 67, was released on R10,000 bail on Thursday.

His co-accused, 59-year-old company director Mugisha Charles Mwali, was granted R5,000 bail, and the company Phomolo Enterprises (PTY) LTD, represented by Mwali, was released on warning.

The National Prosecuting Authority’s (NPA) Gauteng spokesperson Lumka Mahanjana said Modlane was facing four counts of fraud while Mwali and the company were facing one count of fraud.

Mahanjana said the matter originates from 2015 when Modlane was in the joint operation headquarters division, which handles the deployment of soldiers to other countries and within South Africa.

“On November 10, 2015, the division requested the procurement of 3000 heat-resistant buffs and 3000 military goggles to prevent sicknesses caused by dust for various South African bases OP Cordite in Sudan at an estimated value of R2.2 million.

“On December 14, 2015, it is alleged that Modlane defrauded SANDF by writing a request to the central procurement service centre to deviate from the procurement processes and requested that Phomolo Enterprises (PTY)LTD be appointed to supply and deliver the said items for three rotations starting on 16 January 2016.

“After the submission was approved by central procurement service centre, Phomolo Enterprises (PTY)LTD was invited to bid,” Mahanjana said.

Mahanjana added that the company submitted bid documents with a total price of more than R2.1 million which was R940 less than the estimated value of R2.2 million and it was later appointed for the services on 15 February 2016.

Mahanjana said the two accused were arrested after they handed themselves over to the police on Wednesday.

“In court, using an affidavit, the two denied committing the offences and asked to be released on bail. The State did not oppose their release on bail because they were not a flight risk and had no previous convictions nor pending cases.”

Their matter was postponed to July 17, 2024 for further investigations.

More accused are expected to be added to on the matter.

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