Former Lottery executive loses courtroom bid to entry his pension
Former Lottery executive loses courtroom bid to entry his pension
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The Distinctive Tribunal has dismissed an application by Marubini Ramatsekisa, previous Countrywide Lotteries Commission chief danger officer, to obtain usage of his R1.seven-million pension advantage.
The First get blocking access was granted in December 2023.
The judge dismissed Ramatsekisa’s application to contain the order rescinded.
The Unique Investigating Device has fingered Ramatsekisa for his job in a R4-million grant to some shelf firm, Zibsicraft, for just a examine to aid the event of your Khoisan language.
R2.two-million of this, the SIU suggests, went to order home for the upper Grace Christ Redeemer Church, represented by former NLC Board chair Alfred Nevhutanda, and his spouse.
Previous National Lotteries Commission (NLC) Main danger officer Marubini Ramatsekisa has unsuccessful in his bid to overturn an get with the Special Tribunal blocking entry to his pension cash.
The First ltpbet get was granted in December 2023 subsequent allegations that Ramatsekisa orchestrated a plan that resulted in the NLC dropping about R4-million. He was suspended in September 2022 and subsequently resigned.
Ramatsekisa sought to rescind or range this get, claiming it was sought “erroneously” and granted in his absence.
But Particular Tribunal member Decide David Makhoba has dismissed his application and confirmed the interdict granted in favour in the Particular Investigating Unit (SIU).
Study the judgment
Judge Makhoba also dominated that Ramatsekisa ought to fork out the costs of the application.
In his recent judgment, he reported the SIU experienced obtained an get preserving the pension reward, about R1.7-million, held by Liberty Everyday living adhering to an ex parte (all of sudden to the other aspect) software.
The idea with the interdict was that he had prompted a loss of R4-million to your NLC.
It was alleged that Ramatsekisa geared up a proposal for “proactive funding” to perform a research to help the event of your KhoiSan language.
The funding — R4 million — was awarded to an organization named Zibsicraft.
The SIU alleges that Ramatsekisa lied about speaking to a stakeholder within the Office of Arts and Society and he didn't make sure Zibsicraft’s software for grant funding went in the usual procedures. He did not make sure that the people related to that organisation experienced any one-way links to your KhoiSan Neighborhood or experienced ever finished any operate connected with the Group.
Judge Makhoba claimed the SIU experienced also alleged that Ramatsekisa had utilised exactly the same procedure in awarding a R5.five-million grant for building cricket from the Northern Cape.
These funding projects were not assessed, evaluated or adjudicated by a distributing agency, 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 which the interdict need to be reconsidered and put aside.
He explained there was no evidence that he experienced colluded While using the NLC to siphon money from it. He experienced only carried out his administrative duties and the SIU experienced not created out a circumstance that he was an “Energetic and willing facilitator”.
Decide Makhoba stated in these apps, the evidence contained from the SIU application was “regarded from scratch”. The exam was whether the SIU had designed out a great situation for that interdict it attained in the ex parte application.
He stated there were “shortcomings” inside the method during which Ramatesekisa had dealt with the funding from the Zibsicraft make a difference. Zibsicraft had no credible financial statements, normal procedures were not adopted, as well as so-identified as “Khoisan Local community website link” didn't exist.
“The evidence prior to me implies the grant resources were not useful for the meant objective and demonstrates a prima facie case the applicant facilitated the illegal grant awards. He failed to gainsay the factual allegations manufactured against him,” Decide Makhoba reported.
SIU spokesperson Kaizer Kganyago mentioned the First interdict were attained “swiftly” right after Ramatsekisa resigned and wrote to his pension fund administrator, offering see that he meant to withdraw his pension benefit.
Managing the allegations, he mentioned quickly following the proactive funding was accredited to the Khoisan task, 3 individuals obtained and have become directors of Zibsicraft non-profit organisation, a dormant, shelf enterprise. 10 times later on, the organization produced an software for your funding.
“The applying was accompanied by economic statements prepared for that periods ending 28 February 2018 and 28 February 2019. On the other hand, the non-earnings organisation only opened a banking account on 19 March 2019, six days in advance of it used for funding,” Kganyago mentioned.
“The SIU observed that of the R4-million, R2.2-million allegedly went in the direction of getting assets for just a church named the upper Grace Christ Redeemer Church. The previous NLC Board Chairperson, Alfred Nevhutanda, and his spouse, Mrs Tshilidzi Rachel Nevhutanda, represented the church from the give to invest in it.”
He reported the SIU also meant to institute civil proceedings in opposition to Ramatsekisa to Recuperate damages experienced via the NLC thanks to his perform.