It was a prosecution of ambush, Portia “Pankie” Sizani’s legal counsel claimed on Tuesday when presenting closing arguments in the protracted fraud case against her in the Port Elizabeth Commercial Crimes Court.
Sizani, 51, who was not in court for the second day in a row due to illness, is accused of siphoning off more than R1m from the Eastern Cape education department.
On Monday, Sizani’s legal representative, advocate Johan Wessels, informed the court that his client, though in Port Elizabeth, had taken ill and would not be able to attend court proceedings.
Wessels conceded that the matter could continue in her absence, as Sizani had been furnished with copies of both the state and the defence’s closing heads of argument.
On Tuesday, Wessels told the court that there were serious shortcomings in the evidence presented by the state and that Sizani had not received a fair trial.
Wessels said there was no good reason for the court to reject Sizani’s evidence and that the state had bombarded the defence with evidence only when it was requested during the trial.
This included bundles of documents collected by the state and submitted as evidence after the trial had already started.
“Shortly before the state’s case was going to be closed, and in direct conflict [with] earlier assurances by [state prosecutor advocate Ronelle Brink] that ‘all relevant documentation was handed to the SAPS and that the SIU [Special Investigating Unit] office had no other documents relevant to this matter’, Mr Muller of the SIU arrived at court with boxes full of documents – a total of 3,669 folios.
“[This] can only be labelled as a gross irregularity and a serious infringement of such an accused person’s right to a fair trial.
“In fairness to [Brink], it appears that even she was misled by the SIU – that does, however, not lessen the severe prejudice suffered by [Sizani],” Wessels said.
During the trial, a litany of state witnesses told the court that assumption of duty forms had been completed and signed off by Sizani for teachers to take up positions at various schools in and around Port Elizabeth.
According to the state, Sizani had signed off at least 16 assumption of duty forms before sending them to the department of education’s human resources department and then the finance department for payment.
“It emerged from the evidence in general that there were many shortcomings in the application forms of the various practitioners and that these shortcomings were not picked up by HR or in treasury when checking was supposed to have been done,” Wessels said.
The state alleged that once money was paid into the bank accounts of the alleged appointed teachers, it would then be withdrawn either on the same day or soon thereafter and would be given to Sizani.
It is alleged that, between 2009 and 2010, while Sizani was an early childhood development (ECD) district co-ordinator, she created “ghost” teachers and took their salaries, amounting to R1.2m.
Sizani is the wife of SA’s ambassador to Germany, Stone Sizani, and has been charged with 16 counts of fraud and 10 of money laundering.
She has pleaded not guilty to all the charges.
On Monday, Brink submitted to the court that Sizani was a poor witness who responded vaguely to questions put to her and denied any wrongdoing.
Sizani claimed that she was thrown into the deep end without any guidelines.
“The state’s submission that there is ample evidence to justify a conviction disregards [Sizani’s] evidence in total,” Wessels said.
“No good reason is put forward as to why the court must reject [Sizani’s] evidence.”
Judgment is expected to be handed down on March 29.

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