Tshopo v The State

The Free State Department of Education invited tenders for the distribution of school books. Abelusi Enterprises submitted a tender signed by the second appellant, who completed a mandatory Declaration of Interest stating that neither she nor anyone connected with the tenderer was employed by the Province or had relevant relationships. In truth, the first appellant (her brother) was employed by the Free State Provincial Administration, controlled Abelusi’s bank account, benefited financially from the tender proceeds, and was married to an MEC in the provincial government. The tender was awarded to Abelusi and payments were made. The appellants failed to disclose these connections, thereby misrepresenting material facts required to ensure transparency and prevent favouritism in the tender process. The appellants led no evidence at trial.

The appeals against conviction were dismissed. The first appellant’s appeal against sentence was upheld, and his sentence was reduced from four years’ imprisonment to three years’ direct imprisonment.

The case affirms that non-disclosure of material relationships in public tender processes constitutes fraud and that prejudice includes harm to the integrity and fairness of procurement, not only financial loss. It underscores the courts’ strong stance against tender-related corruption and confirms that custodial sentences may be appropriate even where the State received performance under the contract.