Previous Lottery government loses court docket bid to obtain his pension
Previous Lottery government loses court docket bid to obtain his pension
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The Distinctive Tribunal has dismissed an software by Marubini Ramatsekisa, previous National Lotteries Fee Main chance officer, to acquire usage of his R1.7-million pension gain.
The Original purchase blocking entry was granted in December 2023.
The choose dismissed Ramatsekisa’s software to possess the purchase rescinded.
The Distinctive Investigating Device has fingered Ramatsekisa for his function within a R4-million grant into a shelf corporation, Zibsicraft, for just a study to aid the event of your Khoisan language.
R2.two-million of this, the SIU states, went to purchase home for the upper Grace Christ Redeemer Church, represented by previous NLC Board chair Alfred Nevhutanda, and his wife.
Previous Nationwide Lotteries Commission (NLC) Main threat officer Marubini Ramatsekisa has unsuccessful in his bid to overturn an buy through the Special Tribunal blocking use of his pension money.
The First ltpbet order was granted in December 2023 following allegations that Ramatsekisa orchestrated a plan that resulted while in the NLC dropping about R4-million. He was suspended in September 2022 and subsequently resigned.
Ramatsekisa sought to rescind or vary this buy, proclaiming it absolutely was sought “erroneously” and granted in his absence.
But Specific Tribunal member Judge David Makhoba has dismissed his application and verified the interdict granted in favour from the Exclusive Investigating Unit (SIU).
Read through the judgment
Choose Makhoba also ruled that Ramatsekisa need to pay back the costs of the application.
In his modern judgment, he reported the SIU had obtained an purchase preserving the pension reward, about R1.7-million, held by Liberty Lifetime next an ex parte (unexpectedly to the other side) software.
The idea to the interdict was that he had brought on a loss of R4-million into the NLC.
It absolutely was alleged that Ramatsekisa well prepared a proposal for “proactive funding” to conduct a study to aid the development of the 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 from the Section of Arts and Society and he did not make sure Zibsicraft’s application for grant funding went throughout the ordinary processes. He did not be certain that the people today connected with that organisation had any inbound links into the KhoiSan Group or experienced at any time performed any do the job associated with the Group.
Decide Makhoba explained the SIU had also alleged that Ramatsekisa experienced utilised precisely the same approach in awarding a R5.five-million grant for producing cricket while in the Northern Cape.
These funding tasks weren't assessed, evaluated or adjudicated by a distributing company, but by former NLC Main Functions Officer Phillemon Letwaba and himself.
Letwaba signed the grant agreement on behalf with the NLC and Ramatsekisa signed as his witness.
Ramatesekisa submitted that the interdict really should be reconsidered and put aside.
He mentioned there was no proof that he experienced colluded Using the NLC to siphon income from it. He experienced only executed his administrative obligations and also the SIU had not created out a scenario that he was an “Energetic and ready facilitator”.
Decide Makhoba explained in these programs, the evidence contained inside the SIU application was “considered from scratch”. The exam was whether or not the SIU experienced manufactured out a superb situation for the interdict it received inside the ex parte software.
He explained there were “shortcomings” from the method in which Ramatesekisa had addressed the funding from the Zibsicraft subject. Zibsicraft experienced no credible economic statements, usual procedures were not followed, along with the so-termed “Khoisan community url” didn't exist.
“The proof right before me implies which the grant funds weren't useful for the supposed intent and reveals a prima facie circumstance the applicant facilitated the unlawful grant awards. He failed to gainsay the factual allegations produced against 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 notice that he meant to withdraw his pension benefit.
Working with the allegations, he stated soon following the proactive funding was approved to the Khoisan challenge, three folks obtained and have become administrators of Zibsicraft non-profit organisation, a dormant, shelf organization. Ten days later, the corporate manufactured an application to the funding.
“The appliance was accompanied by economic statements well prepared for your periods ending 28 February 2018 and 28 February 2019. Nevertheless, the non-revenue organisation only opened a banking account on 19 March 2019, six days right before it used for funding,” Kganyago explained.
“The SIU discovered that of the R4-million, R2.2-million allegedly went towards obtaining home for just a church named the Higher Grace Christ Redeemer Church. The previous NLC Board Chairperson, Alfred Nevhutanda, and his spouse, Mrs Tshilidzi Rachel Nevhutanda, represented the church within the present to purchase it.”
He mentioned the SIU also meant to institute civil proceedings versus Ramatsekisa to recover damages suffered through the NLC as a consequence of his perform.
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