Previous Lottery executive loses courtroom bid to entry his pension
Previous Lottery executive loses courtroom bid to entry his pension
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The Specific Tribunal has dismissed an software by Marubini Ramatsekisa, previous National Lotteries Commission chief chance officer, for getting usage of his R1.seven-million pension gain.
The First purchase blocking access was granted in December 2023.
The choose dismissed Ramatsekisa’s software to possess the order rescinded.
The Distinctive Investigating Device has fingered Ramatsekisa for his part inside a R4-million grant to the shelf firm, Zibsicraft, to get a analyze to assist the event from the Khoisan language.
R2.two-million of the, the SIU says, went to acquire property for the Higher Grace Christ Redeemer Church, represented by previous NLC Board chair Alfred Nevhutanda, and his spouse.
Previous Countrywide Lotteries Commission (NLC) chief threat officer Marubini Ramatsekisa has unsuccessful in his bid to overturn an buy by the Particular Tribunal blocking entry to his pension cash.
The First hihuay get was granted in December 2023 subsequent allegations that Ramatsekisa orchestrated a plan that resulted in the NLC shedding about R4-million. He was suspended in September 2022 and subsequently resigned.
Ramatsekisa sought to rescind or change this order, proclaiming it had been sought “erroneously” and granted in his absence.
But Exclusive Tribunal member Choose David Makhoba has dismissed his software and verified the interdict granted in favour with the Distinctive Investigating Device (SIU).
Read through the judgment
Decide Makhoba also ruled that Ramatsekisa should spend The prices of the appliance.
In his latest judgment, he stated the SIU experienced received an order preserving the pension profit, about R1.7-million, held by Liberty Lifestyle following an ex parte (without warning to another facet) application.
The idea for the interdict was that he had prompted a loss of R4-million on the NLC.
It absolutely was alleged that Ramatsekisa ready a proposal for “proactive funding” to carry out a analyze to assist the development in the KhoiSan language.
The funding — R4 million — was awarded to a firm termed Zibsicraft.
The SIU alleges that Ramatsekisa lied about getting in contact with a stakeholder through the Section of Arts and Lifestyle and he did not be certain that Zibsicraft’s application for grant funding went with the normal procedures. He did not make certain that the folks connected with that organisation experienced any inbound links for the KhoiSan community or had at any time accomplished any function affiliated with the Neighborhood.
Choose Makhoba stated the SIU had also alleged that Ramatsekisa experienced made use of precisely the same system in awarding a R5.5-million grant for building cricket from the Northern Cape.
These funding jobs weren't assessed, evaluated or adjudicated by a distributing company, but by previous NLC Chief Operations Officer Phillemon Letwaba and himself.
Letwaba signed the grant agreement on behalf in the NLC and Ramatsekisa signed as his witness.
Ramatesekisa submitted that the interdict needs to be reconsidered and set aside.
He stated there was no proof that he experienced colluded Together with the NLC to siphon income from it. He had only executed his administrative responsibilities as well as the SIU experienced not manufactured out a situation that he was an “Lively and inclined facilitator”.
Choose Makhoba explained in these applications, the evidence contained in the SIU application was “thought of from scratch”. The check was whether or not the SIU experienced produced out a fantastic case for your interdict it received during the ex parte software.
He said there were “shortcomings” within the method during which Ramatesekisa had dealt with the funding from the Zibsicraft make a difference. Zibsicraft had no credible financial statements, normal procedures were not followed, and the so-called “Khoisan Group url” did not exist.
“The proof just before me implies the grant funds were not useful for the meant intent and displays a prima facie case the applicant facilitated the illegal grant awards. He failed to gainsay the factual allegations manufactured against him,” Judge Makhoba claimed.
SIU spokesperson Kaizer Kganyago said the Preliminary interdict had been received “quickly” after Ramatsekisa resigned and wrote to his pension fund administrator, providing recognize that he intended to withdraw his pension reward.
Working with the allegations, he reported before long once the proactive funding was authorised with the Khoisan challenge, 3 men and women acquired and have become administrators of Zibsicraft non-earnings organisation, a dormant, shelf organization. 10 days later, the corporation built an software to the funding.
“The application was accompanied by money statements ready with the periods ending 28 February 2018 and 28 February 2019. However, the non-income organisation only opened a banking account on 19 March 2019, six days in advance of it used for funding,” Kganyago explained.
“The SIU uncovered that from the R4-million, R2.2-million allegedly went in direction of paying for property to get a church named the Higher Grace Christ Redeemer Church. The former NLC Board Chairperson, Alfred Nevhutanda, and his wife, Mrs Tshilidzi Rachel Nevhutanda, represented the church while in the offer you to acquire it.”
He claimed the SIU also intended to institute civil proceedings in opposition to Ramatsekisa to Recuperate damages suffered from the NLC as a result of his conduct.