The Distinctive Tribunal has dismissed an application by Marubini Ramatsekisa, previous Nationwide Lotteries Fee chief chance officer, to acquire use of his R1.seven-million pension benefit.
The First get blocking accessibility was granted in December 2023.
The decide dismissed Ramatsekisa’s application to hold the purchase rescinded.
The Specific Investigating Device has fingered Ramatsekisa for his role in a R4-million grant to the shelf enterprise, Zibsicraft, for your examine to assist the event in the Khoisan language.
R2.2-million of this, the SIU suggests, went to order property for the Higher Grace Christ Redeemer Church, represented by previous NLC Board chair Alfred Nevhutanda, and his wife.
Former Nationwide Lotteries Fee (NLC) chief possibility officer Marubini Ramatsekisa has failed in his bid to overturn an purchase via the Particular Tribunal blocking use of his pension funds.
The Preliminary lottovip purchase was granted in December 2023 next allegations that Ramatsekisa orchestrated a scheme that resulted from the NLC losing about R4-million. He was suspended in September 2022 and subsequently resigned.
Ramatsekisa sought to rescind or fluctuate this get, declaring 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 of your Special Investigating Unit (SIU).
Study the judgment
Judge Makhoba also ruled that Ramatsekisa must spend the costs of the applying.
In his the latest judgment, he reported the SIU experienced received an order preserving the pension benefit, about R1.seven-million, held by Liberty Daily life subsequent an ex parte (unexpectedly to one other side) software.
The basis for that interdict was that he had brought about a loss of R4-million to your NLC.
It was alleged that Ramatsekisa well prepared a proposal for “proactive funding” to perform a study to assist the development of your KhoiSan language.
The funding — R4 million — was awarded to an organization termed Zibsicraft.
The SIU alleges that Ramatsekisa lied about making contact with a stakeholder within the Office of Arts and Society and he didn't make certain that Zibsicraft’s application for grant funding went with the regular processes. He didn't make sure the people associated with that organisation experienced any inbound links for the KhoiSan community or experienced ever finished any operate linked to the community.
Decide Makhoba reported the SIU had also alleged that Ramatsekisa experienced utilized a similar approach in awarding a R5.five-million grant for creating cricket while in the Northern Cape.
These funding jobs weren't assessed, evaluated or adjudicated by a distributing agency, but by previous NLC Main Functions Officer Phillemon Letwaba and himself.
Letwaba signed the grant settlement on behalf of the NLC and Ramatsekisa signed as his witness.
Ramatesekisa submitted which the interdict should be reconsidered and put aside.
He reported there was no proof that he had colluded Together with the NLC to siphon income from it. He had only performed his administrative obligations plus the SIU had not produced out a circumstance that he was an “Lively and ready facilitator”.
Judge Makhoba claimed in these programs, the proof contained within the SIU software was “regarded as from scratch”. The exam was whether the SIU had built out a great scenario with the interdict it acquired from the ex parte software.
He stated there were “shortcomings” while in the way wherein Ramatesekisa experienced addressed the funding of the Zibsicraft make a difference. Zibsicraft had no credible financial statements, normal procedures were not followed, and the so-called “Khoisan Group connection” did not exist.
“The proof in advance of me signifies which the grant money weren't employed for the intended intent and displays a prima facie case the applicant facilitated the illegal grant awards. He didn't gainsay the factual allegations manufactured against him,” Judge Makhoba claimed.
SIU spokesperson Kaizer Kganyago said the Preliminary interdict were received “quickly” after Ramatsekisa resigned and wrote to his pension fund administrator, providing observe that he meant to withdraw his pension gain.
Working with the allegations, he reported before long once the proactive funding was authorised with the Khoisan challenge, a few persons acquired and became administrators of Zibsicraft non-financial gain organisation, a dormant, shelf corporation. Ten times later on, the organization made an application for the funding.
“The appliance was accompanied by financial statements geared up for the intervals ending 28 February 2018 and 28 February 2019. However, the non-income organisation only opened a banking account on 19 March 2019, six days ahead of it used for funding,” Kganyago said.
“The SIU identified that with the R4-million, R2.two-million allegedly went to buying house for the 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 in the supply to get it.”
He mentioned the SIU also intended to institute civil proceedings against Ramatsekisa to Get better damages endured through the NLC on account of his conduct.