The Distinctive Tribunal has dismissed an application by Marubini Ramatsekisa, former Countrywide Lotteries Commission Main risk officer, to acquire access to his R1.seven-million pension benefit.
The First order blocking accessibility was granted in December 2023.
The decide dismissed Ramatsekisa’s application to provide the order rescinded.
The Exclusive Investigating Device has fingered Ramatsekisa for his function in a very R4-million grant to a shelf firm, Zibsicraft, for your research to assist the development with the Khoisan language.
R2.two-million of this, the SIU suggests, went to obtain property for the upper Grace Christ Redeemer Church, represented by former NLC Board chair Alfred Nevhutanda, and his spouse.
Former Nationwide Lotteries Commission (NLC) Main hazard officer Marubini Ramatsekisa has failed in his bid to overturn an get by the Distinctive Tribunal blocking entry to his pension resources.
The initial ผล สลากกินแบ่ง get was granted in December 2023 adhering to allegations that Ramatsekisa orchestrated a plan that resulted from the NLC losing about R4-million. He was suspended in September 2022 and subsequently resigned.
Ramatsekisa sought to rescind or range this order, boasting it was sought “erroneously” and granted in his absence.
But Exclusive Tribunal member Choose David Makhoba has dismissed his application and confirmed the interdict granted in favour on the Exclusive Investigating Device (SIU).
Read the judgment
Judge Makhoba also ruled that Ramatsekisa should pay out the costs of the appliance.
In his new judgment, he reported the SIU experienced received an purchase preserving the pension reward, about R1.7-million, held by Liberty Daily life next an ex parte (unexpectedly to the other side) software.
The premise for that interdict was that he had triggered a loss of R4-million to the NLC.
It had been alleged that Ramatsekisa prepared a proposal for “proactive funding” to carry out a research to help the development of your KhoiSan language.
The funding — R4 million — was awarded to a firm named Zibsicraft.
The SIU alleges that Ramatsekisa lied about getting in contact with a stakeholder within the Department of Arts and Tradition and he did not make sure Zibsicraft’s software for grant funding went through the usual procedures. He didn't be certain that the people affiliated with that organisation had any one-way links on the KhoiSan Group or had at any time done any perform linked to the Neighborhood.
Choose Makhoba reported the SIU had also alleged that Ramatsekisa experienced applied the exact same strategy in awarding a R5.5-million grant for producing cricket inside the Northern Cape.
These funding initiatives were not assessed, evaluated or adjudicated by a distributing agency, but by former NLC Chief Functions Officer Phillemon Letwaba and himself.
Letwaba signed the grant arrangement on behalf of the NLC and Ramatsekisa signed as his witness.
Ramatesekisa submitted that the interdict need to be reconsidered and put aside.
He reported there was no evidence that he experienced colluded Using the NLC to siphon income from it. He experienced only done his administrative responsibilities along with the SIU experienced not built out a case that he was an “active and eager facilitator”.
Choose Makhoba reported in these purposes, the proof contained while in the SIU application was “deemed from scratch”. The check was whether or not the SIU had built out a superb situation with the interdict it received in the ex parte software.
He reported there were “shortcomings” in the method in which Ramatesekisa had handled the funding with the Zibsicraft matter. Zibsicraft experienced no credible monetary statements, typical processes weren't adopted, as well as so-called “Khoisan community hyperlink” didn't exist.
“The evidence ahead of me signifies that the grant resources weren't useful for the meant reason and displays a prima facie situation which the applicant facilitated the unlawful grant awards. He failed to gainsay the factual allegations built in opposition to him,” Judge Makhoba reported.
SIU spokesperson Kaizer Kganyago mentioned the Original interdict had been received “quickly” immediately after Ramatsekisa resigned and wrote to his pension fund administrator, supplying discover that he intended to withdraw his pension reward.
Addressing the allegations, he said soon after the proactive funding was accredited for that Khoisan challenge, a few people obtained and have become directors of Zibsicraft non-earnings organisation, a dormant, shelf organization. Ten times later on, the organization produced an software to the funding.
“The application was accompanied by economical statements well prepared for the intervals ending 28 February 2018 and 28 February 2019. Even so, the non-revenue organisation only opened a banking account on 19 March 2019, 6 days ahead of it used for funding,” Kganyago mentioned.
“The SIU observed that from the R4-million, R2.2-million allegedly went toward paying for property for any 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 within the supply to get it.”
He explained the SIU also meant to institute civil proceedings in opposition to Ramatsekisa to Recuperate damages suffered by the NLC due to his perform.