Middelburg – Thammy Nelson Kubheka, the 53-year-old former municipal manager of the Dr JS Moroka Municipality in Mpumalanga, has been sentenced to two years' imprisonment or a R50,000 fine for tender irregularities that cost the cash-strapped municipality R1.8 million. The Middelburg Specialised Commercial Crimes Court handed down the sentence on Wednesday, March 19, following Kubheka's conviction on Monday for violating the Local Government: Municipal Finance Management Act (MFMA).
The case against Kubheka dates back to 2019 when he was employed as the municipal manager at Dr JS Moroka Local Municipality, Siyabuswa in the Nkangala region. It is alleged that during his tenure, Kubheka appointed six service providers without adhering to proper procurement processes, resulting in a significant financial loss for the municipality.
According to police spokesperson Warrant Officer Thandi Tshabalala, the case was initially opened at Siyabuswa Police Station before being transferred to the Middelburg Serious Commercial Crime Investigation Unit for further handling. "The investigation was finalised, which led to his arrest," Tshabalala confirmed. Khubeka was arrested on November 22, 2022, and convicted March 17.
The court sentenced Kubheka to two years imprisonment or a R50 000 fine. He was also sentenced to two years imprisonment, suspended for five years, on a second conviction, on condition that he is not convicted of a similar offence during the suspension period.
The sentencing follows a tumultuous period for the Dr JS Moroka Municipality, marked by widespread dissatisfaction among residents over service delivery issues. In a bizarre and shocking display of anger in October 2019, irate residents took matters into their own hands, scooping faeces out of their pit latrines and throwing it all over the municipal offices. This extreme act of protest was aimed at pressuring a council sitting to adopt a motion to suspend Kubheka, highlighting the deep-seated frustration within the community.
The MFMA is designed to ensure transparency and accountability in municipal financial management, and Kubheka's actions were a clear violation of these principles. The conviction and sentencing send a strong message that those entrusted with public funds will be held accountable for their actions.
The Kubheka case comes on the heels of another significant sentencing in the Northern Cape, further underscoring the judiciary's commitment to tackling corruption within local government. Over a week ago, the Kimberley Commercial Crimes Court sentenced former Karoo Hoogland municipality manager Louis Nothnagel to four years of direct imprisonment for fraud, theft and violating the MFMA.
Nothnagel, 63, was charged alongside the former chief financial officer (CFO), who died after his February 2013 arrest. He was found guilty on 16 July last year, and sentenced on Tuesday, 11 March 2025. The duo was found to have colluded in awarding themselves performance bonuses without the required municipal council approval, breaching financial regulations. Nothnagel must also repay R500 000 to the state.
Arina Botha, the wife of the late CFO, was also convicted of theft and money laundering and was sentenced to five years in prison and ordered to repay R200 000.
Johan van der Colff, a Democratic Alliance (DA) councillor in the Karoo Hoogland municipality, expressed his dismay at the extent of corruption, highlighting the detrimental impact on service delivery. "Too much money has been lost to corruption while residents suffer without adequate service delivery, and this must stop," he said. "All public money must be spent on the people whom local government is meant to serve, and all government officials must know that the law will catch up with them."
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