Former Lottery govt loses court bid to entry his pension
Former Lottery govt loses court bid to entry his pension
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The Special Tribunal has dismissed an application by Marubini Ramatsekisa, previous National Lotteries Commission chief hazard officer, to have usage of his R1.seven-million pension advantage.
The Preliminary buy blocking obtain was granted in December 2023.
The choose dismissed Ramatsekisa’s application to hold the buy rescinded.
The Distinctive Investigating Device has fingered Ramatsekisa for his position in a very R4-million grant to your shelf corporation, Zibsicraft, for the research to assist the event of the Khoisan language.
R2.two-million of this, the SIU says, went to purchase assets for the Higher Grace Christ Redeemer Church, represented by previous NLC Board chair Alfred Nevhutanda, and his spouse.
Former National Lotteries Commission (NLC) Main chance officer Marubini Ramatsekisa has unsuccessful in his bid to overturn an order via the Particular Tribunal blocking usage of his pension resources.
The initial ตรวจ 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 range this get, declaring it had been sought “erroneously” and granted in his absence.
But Distinctive Tribunal member Choose David Makhoba has dismissed his software and verified the interdict granted in favour of your Unique Investigating Device (SIU).
Read the judgment
Choose Makhoba also dominated that Ramatsekisa will have to pay The prices of the applying.
In his modern judgment, he explained the SIU had obtained an get preserving the pension gain, about R1.7-million, held by Liberty Life next an ex parte (without warning to the opposite side) software.
The basis with the interdict was that he had prompted a loss of R4-million to your NLC.
It was alleged that Ramatsekisa organized a proposal for “proactive funding” to carry out a analyze to assist the event of the KhoiSan language.
The funding — R4 million — was awarded to a business termed Zibsicraft.
The SIU alleges that Ramatsekisa lied about speaking to a stakeholder within the Department of Arts and Culture and he didn't be sure that Zibsicraft’s application for grant funding went from the normal procedures. He didn't make sure the folks connected to that organisation had any backlinks towards the KhoiSan community or experienced ever carried out any work affiliated with the Local community.
Choose Makhoba claimed the SIU had also alleged that Ramatsekisa had used the same procedure in awarding a R5.5-million grant for producing cricket during the Northern Cape.
These funding initiatives were not assessed, evaluated or adjudicated by a distributing agency, but by previous NLC Main Functions Officer Phillemon Letwaba and himself.
Letwaba signed the grant arrangement on behalf of your NLC and Ramatsekisa signed as his witness.
Ramatesekisa submitted which the interdict needs to be reconsidered and set aside.
He mentioned there was no proof that he had colluded Along with the NLC to siphon cash from it. He had only executed his administrative obligations and the SIU experienced not designed out a scenario that he was an “active and willing facilitator”.
Choose Makhoba claimed in these programs, the proof contained from the SIU application was “viewed as from scratch”. The examination was whether or not the SIU experienced made out a superb circumstance to the interdict it attained while in the ex parte software.
He stated there were “shortcomings” from the manner where Ramatesekisa experienced addressed the funding from the Zibsicraft issue. Zibsicraft had no credible fiscal statements, usual procedures were not followed, and also the so-identified as “Khoisan Local community backlink” did not exist.
“The evidence right before me suggests the grant funds weren't utilized for the intended intent and displays a prima facie case the applicant facilitated the illegal grant awards. He did not gainsay the factual allegations made from him,” Judge Makhoba claimed.
SIU spokesperson Kaizer Kganyago said the Preliminary interdict were attained “swiftly” just after Ramatsekisa resigned and wrote to his pension fund administrator, giving observe that he meant to withdraw his pension advantage.
Working with the allegations, he reported before long after the proactive funding was authorized to the Khoisan task, 3 persons obtained and became directors of Zibsicraft non-revenue organisation, a dormant, shelf business. 10 times later, the company built an application for the funding.
“The applying was accompanied by money statements well prepared for your durations ending 28 February 2018 and 28 February 2019. Even so, the non-earnings organisation only opened a banking account on 19 March 2019, 6 days in advance of it applied for funding,” Kganyago explained.
“The SIU uncovered that from the R4-million, R2.2-million allegedly went toward purchasing 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 while in the present to invest in it.”
He said the SIU also meant to institute civil proceedings versus Ramatsekisa to Get better damages endured with the NLC on account of his carry out.