The Distinctive Tribunal has dismissed an software by Marubini Ramatsekisa, previous Nationwide Lotteries Commission chief chance officer, to have entry to his R1.seven-million pension benefit.
The First get blocking accessibility was granted in December 2023.
The judge dismissed Ramatsekisa’s application to contain the purchase rescinded.
The Exclusive Investigating Unit has fingered Ramatsekisa for his job in the R4-million grant to some shelf enterprise, Zibsicraft, to get a examine to aid the event of the Khoisan language.
R2.2-million of this, the SIU says, went to get house for the Higher Grace Christ Redeemer Church, represented by former NLC Board chair Alfred Nevhutanda, and his wife.
Previous Countrywide Lotteries Fee (NLC) Main risk officer Marubini Ramatsekisa has unsuccessful in his bid to overturn an buy because of the Special Tribunal blocking usage of his pension cash.
The Preliminary cat888 get was granted in December 2023 next allegations that Ramatsekisa orchestrated a plan that resulted from the NLC shedding about R4-million. He was suspended in September 2022 and subsequently resigned.
Ramatsekisa sought to rescind or range this purchase, declaring it absolutely was sought “erroneously” and granted in his absence.
But Distinctive Tribunal member Decide David Makhoba has dismissed his application and verified the interdict granted in favour from the Distinctive Investigating Unit (SIU).
Read the judgment
Decide Makhoba also dominated that Ramatsekisa should pay the costs of the applying.
In his latest judgment, he reported the SIU had acquired an buy preserving the pension profit, about R1.seven-million, held by Liberty Existence pursuing an ex parte (without warning to another side) application.
The basis to the interdict was that he had induced a lack of R4-million to your NLC.
It had been alleged that Ramatsekisa organized a proposal for “proactive funding” to carry out a examine to help the event of your KhoiSan language.
The funding — R4 million — was awarded to a corporation termed Zibsicraft.
The SIU alleges that Ramatsekisa lied about getting in contact with a stakeholder from your Department of Arts and Culture and he didn't make certain that Zibsicraft’s software for grant funding went throughout the normal processes. He did not ensure that the men and women associated with that organisation had any links to your KhoiSan community or had ever accomplished any do the job connected with the Neighborhood.
Decide Makhoba explained the SIU had also alleged that Ramatsekisa had utilized the identical approach in awarding a R5.5-million grant for developing cricket within the Northern Cape.
These funding projects 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 agreement on behalf of the NLC and Ramatsekisa signed as his witness.
Ramatesekisa submitted the interdict ought to be reconsidered and put aside.
He said there was no evidence that he had colluded with the NLC to siphon income from it. He experienced only executed his administrative duties along with the SIU had not designed out a circumstance that he was an “Lively and willing facilitator”.
Judge Makhoba mentioned in these programs, the evidence contained within the SIU software was “regarded as from scratch”. The check was whether the SIU experienced manufactured out a fantastic scenario to the interdict it acquired within the ex parte software.
He claimed there were “shortcomings” within the fashion through which Ramatesekisa had handled the funding on the Zibsicraft make a difference. Zibsicraft experienced no credible economic statements, ordinary processes weren't adopted, along with the so-known as “Khoisan community website link” didn't exist.
“The proof right before me implies that the grant funds were not used for the supposed purpose and shows a prima facie case which the applicant facilitated the illegal grant awards. He did not gainsay the factual allegations designed from him,” Judge Makhoba stated.
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 intended to withdraw his pension gain.
Managing the allegations, he said shortly once the proactive funding was accredited for the Khoisan task, a few folks obtained and have become administrators of Zibsicraft non-income organisation, a dormant, shelf enterprise. Ten times later, the business built an software with the funding.
“The application was accompanied by financial statements prepared for the durations ending 28 February 2018 and 28 February 2019. However, the non-gain organisation only opened a banking account on 19 March 2019, 6 days before it used for funding,” Kganyago explained.
“The SIU identified that of the R4-million, R2.two-million allegedly went in the direction of purchasing residence to get a church named the upper Grace Christ Redeemer Church. The previous NLC Board Chairperson, Alfred Nevhutanda, and his wife, Mrs Tshilidzi Rachel Nevhutanda, represented the church from the provide to acquire it.”
He said the SIU also intended to institute civil proceedings in opposition to Ramatsekisa to Get better damages experienced from the NLC as a consequence of his perform.
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