UIF Ters fraudster sentenced, blames ‘abusive’ stepfather for crimes

Dennis Modika, who stole R5.5 million from the Covid-19 temporary employee relief scheme (TERS), failed with his “longshot” of blaming illness and an “abusive” stepfather for his crimes as he was slapped with 15 years’ imprisonment.

On Friday, Magistrate AK Ramalal told the Johannesburg commercial crimes court that the seriousness of Modika’s misdeeds could not be overemphasised as he had not considered the effect of his actions on society.

Pleading for a lesser sentence and a non-custodial jail term, Modika, through his legal representative, said he had four minor children — aged 17, 16, 13 and three — who were dependent on him, adding that he suffered from chronic epilepsy.

“It is my submission that a person suffering from chronic illness is not only a danger to himself but a danger to other inmates as well. Not over-emphasising [my] condition, [I] plead for mercy from this honourable court.” 

Modika also blamed his “abusive” stepfather for his crimes.

Ramalal rubbished the claims, saying blaming his stepfather was a “longshot”, because he generally had a stable upbringing.  

She also emphasised that the country’s correctional services had medical care and told the court that Modika’s health condition had existed before the commission of the crimes and that he had not suffered any epileptic episodes in a long time.

Detailing the theft, prosecutor Frans Mhlongo said the fraudster’s crime spree was halted by a call from a person, whose name is known to the Mail & Guardian, who was unable to claim benefits because his particulars appeared on Modika’s online profile as an employee — which was not the case.

Ramalal said it was clear that Modika had committed the crimes for the betterment of his own life as he had bought a Toyota Quantum minibus, a VW Golf 5 and a luxury Mercedes-Benz sedan with the ill-gotten gains. 

Modika’s defence lawyer had previously argued that community service should be imposed, that he must report to a probation officer, do life skills courses and be under correctional supervision.

But Mhlongo said a non-custodial sentence would minimise the impact of the crime.

Ramalal said that the court acknowledged that no physical violence had taken place during the commission of the offences but it also acknowledged the impact of the crime and that services might be compromised because of it. 

“Six audit companies have since been contracted by the UIF to check payments made — to the cost of the government. The court must consider that the money was never recovered,” Ramalal said.

She said Modika had the right to appeal the sentence within 14 days from Friday.

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