Previous Lottery executive loses courtroom bid to entry his pension
Previous Lottery executive loses courtroom bid to entry his pension
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The Exclusive Tribunal has dismissed an software by Marubini Ramatsekisa, previous Countrywide Lotteries Fee Main risk officer, to acquire entry to his R1.7-million pension profit.
The Original buy blocking entry was granted in December 2023.
The judge dismissed Ramatsekisa’s software to provide the purchase rescinded.
The Unique Investigating Device has fingered Ramatsekisa for his position within a R4-million grant to a shelf corporation, Zibsicraft, for the study to help the event in the Khoisan language.
R2.two-million of the, the SIU says, went to acquire home for the Higher Grace Christ Redeemer Church, represented by previous NLC Board chair Alfred Nevhutanda, and his spouse.
Previous Countrywide Lotteries Commission (NLC) chief threat officer Marubini Ramatsekisa has unsuccessful in his bid to overturn an buy via the Unique Tribunal blocking entry to his pension money.
The Preliminary หวย buy was granted in December 2023 subsequent allegations that Ramatsekisa orchestrated a plan that resulted within the NLC shedding about R4-million. He was suspended in September 2022 and subsequently resigned.
Ramatsekisa sought to rescind or vary this purchase, claiming it had been sought “erroneously” and granted in his absence.
But Special Tribunal member Judge David Makhoba has dismissed his application and verified the interdict granted in favour in the Distinctive Investigating Unit (SIU).
Study the judgment
Decide Makhoba also ruled that Ramatsekisa ought to pay out the costs of the appliance.
In his the latest judgment, he stated the SIU had attained an get preserving the pension gain, about R1.7-million, held by Liberty Existence subsequent an ex parte (all of sudden to the opposite aspect) application.
The premise to the interdict was that he had induced a lack of R4-million to your NLC.
It was alleged that Ramatsekisa prepared a proposal for “proactive funding” to carry out a analyze to assist the development on the KhoiSan language.
The funding — R4 million — was awarded to a corporation known as Zibsicraft.
The SIU alleges that Ramatsekisa lied about speaking to a stakeholder from the Department of Arts and Society and he didn't make sure Zibsicraft’s software for grant funding went from the usual processes. He did not make sure the people today associated with that organisation experienced any backlinks to the KhoiSan Local community or had at any time done any get the job done linked to the Group.
Judge Makhoba claimed the SIU experienced also alleged that Ramatsekisa had utilised exactly the same strategy in awarding a R5.five-million grant for developing cricket inside the Northern Cape.
These funding assignments weren't assessed, evaluated or adjudicated by a distributing company, but by former NLC Chief Operations Officer Phillemon Letwaba and himself.
Letwaba signed the grant agreement on behalf from the NLC and Ramatsekisa signed as his witness.
Ramatesekisa submitted that the interdict ought to be reconsidered and set aside.
He said there was no proof that he had colluded With all the NLC to siphon funds from it. He experienced only done his administrative duties and also the SIU experienced not created out a case that he was an “Energetic and prepared facilitator”.
Decide Makhoba stated in these apps, the evidence contained while in the SIU software was “deemed from scratch”. The test was whether the SIU had built out a great scenario with the interdict it obtained inside the ex parte application.
He explained there have been “shortcomings” from the fashion in which Ramatesekisa experienced addressed the funding of your Zibsicraft make any difference. Zibsicraft experienced no credible money statements, usual processes were not adopted, along with the so-named “Khoisan Neighborhood hyperlink” didn't exist.
“The evidence before me suggests that the grant cash were not employed for the intended reason and exhibits a prima facie scenario that the applicant facilitated the unlawful grant awards. He did not gainsay the factual allegations made in opposition to him,” Choose Makhoba said.
SIU spokesperson Kaizer Kganyago mentioned the First interdict were attained “quickly” right after Ramatsekisa resigned and wrote to his pension fund administrator, offering detect that he meant to withdraw his pension gain.
Addressing the allegations, he reported before long once the proactive funding was authorised with the Khoisan job, 3 men and women acquired and have become directors of Zibsicraft non-revenue organisation, a dormant, shelf company. 10 days afterwards, the business produced an software for your funding.
“The applying was accompanied by economic statements organized to the durations ending 28 February 2018 and 28 February 2019. Nonetheless, the non-gain organisation only opened a bank account on 19 March 2019, six days in advance of it used for funding,” Kganyago stated.
“The SIU located that of your R4-million, R2.two-million allegedly went to buying home 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 offer to purchase it.”
He reported the SIU also meant to institute civil proceedings in opposition to Ramatsekisa to recover damages experienced because of the NLC as a consequence of his conduct.