AFU Secures R326m Forfeiture Order in Tembisa Hospital Procurement Fraud Case
Brought to you by SAnews: In terms of Chapter 6 of the Prevention of Organised Crime Act, No. 121 of 1998 (POCA), the National Prosecuting Authority’s Asset Forfeiture Unit (AFU) has secured a forfeiture order valued at approximately R326 million against assets linked to the Maumela syndicate.
The forfeiture order follows forensic investigations into procurement fraud and corruption at Tembisa Hospital spanning the period from January 2019 to August 2022. A prior investigation by the Special Investigating Unit (SIU), established under the Special Investigating Units and Special Tribunals Act, No. 74 of 1996, revealed that the syndicate, along with two other networks, allegedly siphoned off R2 billion earmarked for healthcare services.
To establish the basis for the POCA applications, the Specialised Audit Services (SAS) unit of the National Treasury conducted a comprehensive review of the hospital’s Basic Accounting System (BAS) payment data, the Central Supplier Database (CSD), and the records of the Companies and Intellectual Property Commission (CIPC). This review confirmed that 14 entities controlled by the syndicate irregularly and unlawfully benefited from contracts with a cumulative value exceeding R400 million.
The forensic investigations revealed systematic manipulation of procurement processes governed by the Public Finance Management Act, No. 1 of 1999 (PFMA), including:
- The submission of cover quotes by colluding companies to artificially favour syndicate-associated entities;
- The unauthorized use of company profiles to submit bids without the respective companies’ knowledge or consent; and
- The diversion of the majority of received funds to purchase high-end residential properties, luxury vehicles, and to pay bribes, with only a nominal percentage utilized for actual supply delivery.
All proceeds recovered from the forfeiture will be paid into the Criminal Assets Recovery Account (CARA), established under Section 63 of POCA, and have been ringfenced for allocation to the Gauteng Department of Health.
What this means for you, your business, or your clients
- For yourself: No direct individual compliance obligations; however, professional advisors must note the increasing reliance by state agencies on cross-referencing CIPC, CSD, and BAS database records during forensic audits.
- For your business: Internal audit and compliance functions must review their supply chain management (SCM) advisory frameworks to ensure robust verification protocols are in place to detect collusive tendering and cover quoting.
- For your clients: Corporate clients participating in public sector tenders must implement strict internal controls to secure their bidding credentials and monitor their CSD profiles, ensuring their corporate identities are not fraudulently used by third parties as cover quotes, which risks asset seizure under POCA and blacklisting under the PFMA.
Originally published at https://www.sanews.gov.za/south-africa/asset-forfeiture-unit-seizes-r326-million-alleged-tembisa-hospital-syndicate-assets






