The Unique Tribunal has dismissed an application by Marubini Ramatsekisa, former Countrywide Lotteries Commission Main possibility officer, for getting entry to his R1.seven-million pension reward.
The Preliminary get blocking entry was granted in December 2023.
The judge dismissed Ramatsekisa’s application to provide the get rescinded.
The Exclusive Investigating Device has fingered Ramatsekisa for his function within a R4-million grant to your shelf enterprise, Zibsicraft, for a research to help the development on the Khoisan language.
R2.two-million of this, the SIU states, went to get house for the Higher Grace Christ Redeemer Church, represented by previous NLC Board chair Alfred Nevhutanda, and his spouse.
Former National Lotteries Fee (NLC) Main risk officer Marubini Ramatsekisa has unsuccessful in his bid to overturn an get because of the Specific Tribunal blocking use of his pension funds.
The First ltpbet buy was granted in December 2023 pursuing allegations that Ramatsekisa orchestrated a scheme that resulted within the NLC getting rid of about R4-million. He was suspended in September 2022 and subsequently resigned.
Ramatsekisa sought to rescind or range this purchase, claiming it had been sought “erroneously” and granted in his absence.
But Special Tribunal member Decide David Makhoba has dismissed his software and confirmed the interdict granted in favour with the Unique Investigating Device (SIU).
Browse the judgment
Judge Makhoba also ruled that Ramatsekisa ought to spend the costs of the appliance.
In his new judgment, he said the SIU had obtained an order preserving the pension advantage, about R1.7-million, held by Liberty Existence pursuing an ex parte (without warning to one other facet) application.
The basis for your interdict was that he experienced prompted a lack of R4-million on the NLC.
It was alleged that Ramatsekisa prepared a proposal for “proactive funding” to perform a examine to assist the event from the KhoiSan language.
The funding — R4 million — was awarded to a corporation identified as Zibsicraft.
The SIU alleges that Ramatsekisa lied about making contact with a stakeholder from the Section of Arts and Society and he did not be sure that Zibsicraft’s software for grant funding went with the standard procedures. He didn't ensure that the men and women affiliated with that organisation experienced any links towards the KhoiSan Neighborhood or had at any time done any function related to the community.
Choose Makhoba claimed the SIU had also alleged that Ramatsekisa experienced made use of the exact same strategy in awarding a R5.5-million grant for acquiring cricket from the Northern Cape.
These funding tasks weren't assessed, evaluated or adjudicated by a distributing agency, but by former NLC Main Functions Officer Phillemon Letwaba and himself.
Letwaba signed the grant arrangement on behalf of your NLC and Ramatsekisa signed as his witness.
Ramatesekisa submitted that the interdict really should be reconsidered and put aside.
He mentioned there was no proof that he experienced colluded with the NLC to siphon funds from it. He had only done his administrative responsibilities as well as SIU experienced not made out a case that he was an “Lively and willing facilitator”.
Choose Makhoba reported in these purposes, the proof contained while in the SIU application was “regarded as from scratch”. The test was whether or not the SIU had produced out a good circumstance to the interdict it obtained during the ex parte application.
He reported there were “shortcomings” during the method wherein Ramatesekisa had handled the funding of your Zibsicraft issue. Zibsicraft experienced no credible financial statements, typical processes weren't adopted, and the so-referred to as “Khoisan Neighborhood backlink” didn't exist.
“The proof in advance of me implies which the grant cash were not utilized for the intended objective and exhibits a prima facie case which the applicant facilitated the unlawful grant awards. He failed to gainsay the factual allegations made versus him,” Decide Makhoba mentioned.
SIU spokesperson Kaizer Kganyago said the Original interdict had been obtained “quickly” right after Ramatsekisa resigned and wrote to his pension fund administrator, supplying observe that he meant to withdraw his pension reward.
Dealing with the allegations, he explained soon following the proactive funding was authorised for your Khoisan job, a few individuals acquired and became administrators of Zibsicraft non-financial gain organisation, a dormant, shelf company. Ten days later, the organization created an application for your funding.
“The appliance was accompanied by economic statements well prepared for your periods ending 28 February 2018 and 28 February 2019. Nevertheless, the non-profit organisation only opened a banking account on 19 March 2019, six times in advance of it utilized for funding,” Kganyago stated.
“The SIU uncovered that on the R4-million, R2.2-million allegedly went toward acquiring assets for the church named the upper Grace Christ Redeemer Church. The former NLC Board Chairperson, Alfred Nevhutanda, and his wife, Mrs Tshilidzi Rachel Nevhutanda, represented the church during the provide to acquire it.”
He said the SIU also intended to institute civil proceedings in opposition to Ramatsekisa to Get well damages experienced by the NLC as a result of his carry out.
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