She misappropriated more than R1m meant to secure the future of an orphan without blinking an eye – and, for that, Mary Madaka was sentenced to 10 years in prison.
The sentence was handed down in the Port Elizabeth Commercial Crimes Court by magistrate Lionel Lindoor on Wednesday.
He said the sentence should send the message that stealing from society’s most vulnerable would not be tolerated.
Madaka, 51, a section head in the Nelson Mandela Bay municipality’s assistance to the poor programme, pleaded guilty to charges of theft and money laundering earlier this year, vindicating her husband, Mbuyiselo, who was her co-accused initially.
She was also sentenced to five years in prison for contravening sections of the Prevention of Organised Crime Act, but Lindoor said the sentences would run concurrently.
Madaka sat stony-faced in the dock as Lindoor handed down the sentence.
Several of her family members who were in court were very emotional.
“The accused is one of those persons who should be removed from society and direct imprisonment is thus, in my view, the only appropriate sentence,” Lindoor said, drawing gasps from the public gallery.
Madaka’s motive appeared to have been greed and she had misappropriated the money “without blinking an eye”.
Madaka admitted to stealing the money intended for Daniel Jackson Vanqa, the son of close family friends.
Following the death of Vanqa’s father in 2007, the Madakas were granted guardianship of the youngster.
Vanqa, now 26, said he had regarded Madaka and her husband as his parents after his father’s death 11 years ago.
His mother had died eight years before that.
When he turned 21 five years ago, Vanqa found out that he was the sole beneficiary of his father’s estate, but that the money had been squandered by Madaka, who had used it to renovate her house.
Madaka cleaned out the bank account within six weeks, withdrawing and making payments of more than R1.1m.
“I’m relieved [the trial is] over,” Vanqa said after sentencing. “The whole situation turned my life upside down.”
Lindoor told Madaka: “You were in a position of trust and you abused that position.
“You were supposed to act in the best interest of the complainant, who was only a child when you squandered his money.
“Section 28 of our constitution obliges us to always act in the best interest of children – you have thus breached Section 28 of the constitution without blinking an eye.
“You wanted a fancy house without using your own money. Most of the money seems to have been spent on a fancy kitchen and bathroom.
“It cannot be said that you acted on the spur of the moment – to renovate a house takes careful planning.
“You made numerous withdrawals over a few weeks and therefore had time to reflect on your actions.”
Lindoor said Madaka had had “ample opportunity to desist with your criminal conduct”, but failed to do so.
“You continued to progressively steal larger and larger amounts until you cleaned out the bank account.
“The crimes committed by you induce a sense of revulsion,” he said.
Madaka’s home would be sold and the proceeds given to Vanqa.
Municipal spokesperson Mthubanzi Mniki confirmed that Madaka was still listed as an employee.
“The municipality will approach the court for a copy of the judgment, read its contents, apply its mind and take a decision,” he said.
“The municipality understands the seriousness of this issue and the offence Ms Madaka has been found guilty of.
“It is for this reason that the municipality will move swiftly within the confines of the municipal labour policies.”