The Unique Tribunal has dismissed an application by Marubini Ramatsekisa, previous Countrywide Lotteries Fee Main danger officer, to receive usage of his R1.seven-million pension gain.
The Original buy blocking accessibility was granted in December 2023.
The judge dismissed Ramatsekisa’s software to possess the order rescinded.
The Distinctive Investigating Unit has fingered Ramatsekisa for his function inside of a R4-million grant to your shelf organization, Zibsicraft, to get a examine to aid the development from the Khoisan language.
R2.two-million of the, the SIU says, went to order property for the Higher Grace Christ Redeemer Church, represented by previous NLC Board chair Alfred Nevhutanda, and his wife.
Former Nationwide Lotteries Fee (NLC) Main possibility officer Marubini Ramatsekisa has unsuccessful in his bid to overturn an order via the Particular Tribunal blocking entry to his pension money.
The Preliminary ตรวจ สลาก purchase was granted in December 2023 pursuing allegations that Ramatsekisa orchestrated a scheme that resulted while in the NLC shedding about R4-million. He was suspended in September 2022 and subsequently resigned.
Ramatsekisa sought to rescind or fluctuate this purchase, proclaiming it was sought “erroneously” and granted in his absence.
But Particular Tribunal member Judge David Makhoba has dismissed his software and confirmed the interdict granted in favour of your Exclusive Investigating Device (SIU).
Study the judgment
Choose Makhoba also ruled that Ramatsekisa must fork out the costs of the appliance.
In his recent judgment, he explained the SIU experienced obtained an purchase preserving the pension profit, about R1.7-million, held by Liberty Lifetime subsequent an ex parte (without warning to another aspect) application.
The basis to the interdict was that he experienced caused a loss of R4-million to your NLC.
It was alleged that Ramatsekisa well prepared a proposal for “proactive funding” to perform a review to aid the event with the KhoiSan language.
The funding — R4 million — was awarded to a corporation known as Zibsicraft.
The SIU alleges that Ramatsekisa lied about speaking to a stakeholder within the Division of Arts and Culture and he didn't make sure Zibsicraft’s software for grant funding went with the typical procedures. He did not make sure the people today linked to that organisation had any back links to the KhoiSan Local community or experienced at any time done any operate associated with the community.
Judge Makhoba stated the SIU had also alleged that Ramatsekisa had utilized a similar method in awarding a R5.five-million grant for producing cricket in the Northern Cape.
These funding projects weren't assessed, evaluated or adjudicated by a distributing agency, but by previous NLC Chief Functions Officer Phillemon Letwaba and himself.
Letwaba signed the grant settlement on behalf with the NLC and Ramatsekisa signed as his witness.
Ramatesekisa submitted the interdict really should be reconsidered and set aside.
He said there was no proof that he had colluded with the NLC to siphon revenue from it. He had only executed his administrative duties plus the SIU had not built out a situation that he was an “Lively and willing facilitator”.
Judge Makhoba reported in these purposes, the proof contained in the SIU software was “thought of from scratch”. The exam was if the SIU had created out a great case for the interdict it attained during the ex parte software.
He explained there were “shortcomings” from the method by which Ramatesekisa experienced addressed the funding on the Zibsicraft matter. Zibsicraft had no credible economical statements, regular procedures were not adopted, and also the so-identified as “Khoisan community url” didn't exist.
“The proof before me indicates that the grant funds were not used for the intended function and demonstrates a prima facie scenario which the applicant facilitated the unlawful grant awards. He failed to gainsay the factual allegations manufactured from him,” Choose Makhoba said.
SIU spokesperson Kaizer Kganyago stated the Preliminary interdict were obtained “quickly” after Ramatsekisa resigned and wrote to his pension fund administrator, supplying detect that he intended to withdraw his pension advantage.
Dealing with the allegations, he reported shortly after the proactive funding was approved for that Khoisan task, a few men and women acquired and became administrators of Zibsicraft non-profit organisation, a dormant, shelf corporation. 10 days later, the corporation manufactured an software with the funding.
“The application was accompanied by fiscal statements organized with the durations ending 28 February 2018 and 28 February 2019. However, the non-profit organisation only opened a checking account on 19 March 2019, six times before it used for funding,” Kganyago reported.
“The SIU observed that with the R4-million, R2.2-million allegedly went towards purchasing assets for the church named the Higher Grace Christ Redeemer Church. The previous NLC Board Chairperson, Alfred Nevhutanda, and his wife, Mrs Tshilidzi Rachel Nevhutanda, represented the church during the supply to invest in it.”
He explained the SIU also meant to institute civil proceedings from Ramatsekisa to recover damages suffered because of the NLC due to his conduct.
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