The Unique Tribunal has dismissed an application by Marubini Ramatsekisa, former Countrywide Lotteries Commission Main danger officer, to obtain usage of his R1.7-million pension gain.
The Preliminary order blocking obtain was granted in December 2023.
The decide dismissed Ramatsekisa’s application to contain the purchase rescinded.
The Unique Investigating Device has fingered Ramatsekisa for his position inside a R4-million grant to your shelf organization, Zibsicraft, to get a review to aid the development in the Khoisan language.
R2.2-million of this, the SIU claims, went to buy residence for the upper Grace Christ Redeemer Church, represented by previous NLC Board chair Alfred Nevhutanda, and his spouse.
Previous Countrywide Lotteries Fee (NLC) Main threat officer Marubini Ramatsekisa has failed in his bid to overturn an buy through the Specific Tribunal blocking use of his pension money.
The Preliminary cat888 get was granted in December 2023 following allegations that Ramatsekisa orchestrated a plan that resulted in the NLC getting rid of about R4-million. He was suspended in September 2022 and subsequently resigned.
Ramatsekisa sought to rescind or change this buy, boasting it had been sought “erroneously” and granted in his absence.
But Unique Tribunal member Choose David Makhoba has dismissed his software and verified the interdict granted in favour with the Particular Investigating Device (SIU).
Study the judgment
Choose Makhoba also ruled that Ramatsekisa should pay the costs of the appliance.
In his latest judgment, he mentioned the SIU experienced acquired an get preserving the pension advantage, about R1.seven-million, held by Liberty Lifestyle pursuing an ex parte (all of sudden to the opposite facet) software.
The basis to the interdict was that he experienced brought about a lack of R4-million towards the NLC.
It was alleged that Ramatsekisa ready a proposal for “proactive funding” to conduct a study to help the development of the KhoiSan language.
The funding — R4 million — was awarded to an organization called Zibsicraft.
The SIU alleges that Ramatsekisa lied about getting in touch with a stakeholder from the Section of Arts and Culture and he did not ensure that Zibsicraft’s application for grant funding went in the typical procedures. He didn't be sure that the folks associated with that organisation experienced any hyperlinks for the KhoiSan Local community or had ever carried out any function connected with the Neighborhood.
Judge Makhoba reported the SIU experienced also alleged that Ramatsekisa had used the same system in awarding a R5.5-million grant for creating cricket in the Northern Cape.
These funding initiatives weren't assessed, evaluated or adjudicated by a distributing agency, but by previous NLC Main Operations Officer Phillemon Letwaba and himself.
Letwaba signed the grant settlement on behalf from the NLC and Ramatsekisa signed as his witness.
Ramatesekisa submitted the interdict should be reconsidered and set aside.
He claimed there was no proof that he experienced colluded With all the NLC to siphon dollars from it. He experienced only executed his administrative obligations and the SIU had not produced out a case that he was an “active and prepared facilitator”.
Judge Makhoba said in these applications, the proof contained from the SIU application was “deemed from scratch”. The check was whether or not the SIU experienced created out a great circumstance for that interdict it acquired during the ex parte application.
He said there were “shortcomings” in the way by which Ramatesekisa had addressed the funding from the Zibsicraft subject. Zibsicraft experienced no credible monetary statements, standard procedures weren't adopted, and also the so-named “Khoisan Local community connection” didn't exist.
“The proof right before me indicates which the grant resources weren't employed for the meant function and displays a prima facie situation that the applicant facilitated the illegal grant awards. He did not gainsay the factual allegations created towards him,” Choose Makhoba claimed.
SIU spokesperson Kaizer Kganyago explained the Preliminary interdict were acquired “quickly” immediately after Ramatsekisa resigned and wrote to his pension fund administrator, providing see that he intended to withdraw his pension profit.
Managing the allegations, he reported quickly following the proactive funding was approved to the Khoisan challenge, three folks acquired and have become administrators of Zibsicraft non-gain organisation, a dormant, shelf company. Ten days later, the organization created an application for your funding.
“The application was accompanied by monetary statements prepared for the durations ending 28 February 2018 and 28 February 2019. Having said that, the non-financial gain organisation only opened a checking account on 19 March 2019, six times just before it applied for funding,” Kganyago claimed.
“The SIU located that of the R4-million, R2.two-million allegedly went towards obtaining home for just a church named the Higher Grace Christ Redeemer Church. The former NLC Board Chairperson, Alfred Nevhutanda, and his spouse, Mrs Tshilidzi Rachel Nevhutanda, represented the church in the offer you to invest in it.”
He mentioned the SIU also intended to institute civil proceedings from Ramatsekisa to Get better damages suffered from the NLC as a consequence of his perform.
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