Previous Lottery government loses court docket bid to access his pension
Previous Lottery government loses court docket bid to access his pension
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The Specific Tribunal has dismissed an application by Marubini Ramatsekisa, previous Nationwide Lotteries Commission Main chance officer, to acquire usage of his R1.7-million pension gain.
The initial purchase blocking entry was granted in December 2023.
The choose dismissed Ramatsekisa’s software to hold the buy rescinded.
The Special Investigating Unit has fingered Ramatsekisa for his part in a very R4-million grant to the shelf company, Zibsicraft, to get a research to assist the development from the Khoisan language.
R2.2-million of the, the SIU claims, went to acquire residence for the Higher Grace Christ Redeemer Church, represented by previous NLC Board chair Alfred Nevhutanda, and his spouse.
Former Countrywide Lotteries Fee (NLC) chief risk officer Marubini Ramatsekisa has unsuccessful in his bid to overturn an purchase from the Distinctive Tribunal blocking use of his pension funds.
The First ltpbet get was granted in December 2023 next 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 Exclusive Tribunal member Judge David Makhoba has dismissed his software and verified the interdict granted in favour on the Special Investigating Unit (SIU).
Browse the judgment
Judge Makhoba also ruled that Ramatsekisa will have to pay out the costs of the applying.
In his recent judgment, he explained the SIU experienced received an get preserving the pension profit, about R1.seven-million, held by Liberty Lifestyle adhering to an ex parte (all at once to the opposite aspect) application.
The basis for the interdict was that he experienced prompted a lack of R4-million on the NLC.
It was alleged that Ramatsekisa prepared a proposal for “proactive funding” to perform a review to assist the event on the KhoiSan language.
The funding — R4 million — was awarded to an organization called Zibsicraft.
The SIU alleges that Ramatsekisa lied about contacting a stakeholder with the Department of Arts and Tradition and he didn't make sure that Zibsicraft’s software for grant funding went through the typical procedures. He didn't ensure that the men and women associated with that organisation had any hyperlinks for the KhoiSan Local community or had ever completed any perform linked to the Neighborhood.
Judge Makhoba said the SIU experienced also alleged that Ramatsekisa experienced employed the identical method in awarding a R5.five-million grant for establishing cricket within the Northern Cape.
These funding projects were not assessed, evaluated or adjudicated by a distributing company, but by former NLC Chief 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 must be reconsidered and put aside.
He stated there was no evidence that he experienced colluded with the NLC to siphon funds from it. He had only done his administrative responsibilities as well as SIU experienced not made out a case that he was an “active and prepared facilitator”.
Judge Makhoba stated in these applications, the proof contained during the SIU software was “viewed as from scratch”. The take a look at was if the SIU had built out a fantastic situation for the interdict it attained while in the ex parte software.
He explained there were “shortcomings” from the manner wherein Ramatesekisa had handled the funding of the Zibsicraft issue. Zibsicraft experienced no credible financial statements, typical procedures weren't adopted, and also the so-named “Khoisan Local community connection” didn't exist.
“The proof before me indicates that the grant resources weren't useful for the meant reason and demonstrates a prima facie scenario that the applicant facilitated the illegal grant awards. He didn't gainsay the factual allegations manufactured in opposition to him,” Judge Makhoba said.
SIU spokesperson Kaizer Kganyago reported the First interdict had been received “swiftly” just after Ramatsekisa resigned and wrote to his pension fund administrator, providing notice that he intended to withdraw his pension benefit.
Handling the allegations, he said shortly once the proactive funding was accredited for the Khoisan job, three folks obtained and became directors of Zibsicraft non-gain organisation, a dormant, shelf firm. 10 times afterwards, the organization manufactured an software with the funding.
“The applying was accompanied by financial statements ready for your periods ending 28 February 2018 and 28 February 2019. Even so, the non-income organisation only opened a checking account on 19 March 2019, six times before it utilized for funding,” Kganyago explained.
“The SIU observed that on the R4-million, R2.2-million allegedly went to getting home for just a church named the Higher Grace Christ Redeemer Church. The previous NLC Board Chairperson, Alfred Nevhutanda, and his wife, Mrs Tshilidzi Rachel Nevhutanda, represented the church from the provide to invest in it.”
He stated the SIU also intended to institute civil proceedings from Ramatsekisa to recover damages endured because of the NLC on account of his carry out.
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