Appeal dismissed: Oudtshoorn couple’s convictions and 10-year sentences upheld in tender fraud case

The National Prosecuting Authority (NPA) has welcomed the dismissal of an appeal by an Oudtshoorn couple, Marthinus and Elizabeth Rabie, whose convictions and sentences for tender fraud were upheld by the appeal court.

Who was convicted and what were the sentences?

Last week in the Oudtshoorn Regional Court, Marthinus and Elizabeth Rabie were each sentenced to 10 years’ direct imprisonment on 34 counts of fraud. The couple had pleaded not guilty and maintained their innocence during trial.

Corporate penalties and prior sentence

Elizabeth’s companies, Attaqua Developments and Gwaing Developments, were each fined R500,000 and sentenced to five years’ imprisonment, wholly suspended for five years on condition that neither company is convicted of fraud, theft or corruption during the suspension period. The report describes this as “a sentence handed down more than a decade ago when initial tender fraud charges were filed against the couple and Elizabeth’s companies.”

State’s case and findings

The State proved that the couple defrauded the Western Cape Department of Agriculture of approximately R3.2 million. Prosecutors established that, between 2006 and 2008, Marthinus, an engineer and former technician employed at the Oudtshoorn Experimental Farm, abused his position to unlawfully favour his wife’s close corporations when awarding departmental tenders and failed to disclose his relationship to those entities.

The State established that the couple acted in collusion and with common purpose. Evidence shown to the court included allegations that Marthinus:

• manipulated the procurement system known then as the Trade World System to ensure work was awarded to his wife’s companies;
• falsely reported to his supervisor that work had been completed according to specifications when it had not;
• inserted high CIDB grading requirements into tender specifications to exclude competing bidders;
• supervised work performed by his wife’s companies, transported employees to project sites using a state vehicle, and carried out physical labour such as cutting bushes, welding water pipes and assembling irrigation infrastructure;
• unlawfully shared competitors’ quotations with his wife and her business partner and advised them on pricing strategies to improve their chances of securing tenders.

Appeal arguments and court response

In their appeal the couple argued that the sentences were excessive, that they were suitable candidates for correctional supervision, and that the trial court had overemphasised the seriousness of the offences while failing to consider their personal circumstances and services rendered under the contracts.

Regional Court Prosecutor Hyron Goulding opposed the appeal, arguing the sentence was fair, just and in fact lenient given the seriousness and scale of the offences. Goulding told the court that the State had sought direct imprisonment of between 15 and 20 years for each accused, but that the trial court had exercised mercy in imposing 10 years’ direct imprisonment on each.

NPA reaction and next steps

The Western Cape spokesperson for the NPA, Eric Ntabazalila, summarised evidence presented at trial and welcomed the appeal court’s decision. He said:

“He further carried out physical labour, including cutting bushes, welding water pipes, and assembling irrigation infrastructure, work that should have been undertaken by the contracted service providers. He also unlawfully shared competitors’ quotations with his wife and her business partner and advised them on pricing strategies to improve their chances of securing tenders.”

On the dismissal of the appeal Ntabazalila said:

“The NPA welcomes the judgment, which reinforces the principle that corruption and abuse of public trust will be met with appropriate consequences. The NPA further confirms that the Asset Forfeiture Unit (AFU) will pursue a confiscation order aimed at securing a monetary judgment to recover the proceeds derived from the offences. The confiscation proceedings are expected to resume in September 2026.”

Confiscation proceedings

The NPA confirmed that the Asset Forfeiture Unit will pursue a confiscation order and that confiscation proceedings are expected to resume in September 2026.

The appeal court’s dismissal upholds both the convictions and sentences imposed on the Rabies in relation to the tender fraud matters brought against them.