Former Lottery executive loses courtroom bid to obtain his pension
Former Lottery executive loses courtroom bid to obtain his pension
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The Unique Tribunal has dismissed an application by Marubini Ramatsekisa, previous Countrywide Lotteries Fee Main threat officer, for getting usage of his R1.seven-million pension profit.
The Original buy blocking entry was granted in December 2023.
The decide dismissed Ramatsekisa’s application to possess the order rescinded.
The Distinctive Investigating Device has fingered Ramatsekisa for his part inside a R4-million grant to the shelf corporation, Zibsicraft, for the research to aid the development of your Khoisan language.
R2.2-million of the, the SIU says, went to acquire property for the Higher Grace Christ Redeemer Church, represented by previous NLC Board chair Alfred Nevhutanda, and his spouse.
Previous National Lotteries Commission (NLC) Main hazard officer Marubini Ramatsekisa has failed in his bid to overturn an order with the Distinctive Tribunal blocking access to his pension funds.
The Preliminary ตา ว จ หวย get was granted in December 2023 adhering to allegations that Ramatsekisa orchestrated a plan that resulted inside the NLC shedding about R4-million. He was suspended in September 2022 and subsequently resigned.
Ramatsekisa sought to rescind or vary this purchase, boasting it absolutely was sought “erroneously” and granted in his absence.
But Unique Tribunal member Decide David Makhoba has dismissed his application and confirmed the interdict granted in favour in the Exclusive Investigating Device (SIU).
Examine the judgment
Decide Makhoba also ruled that Ramatsekisa need to pay out the costs of the application.
In his recent judgment, he reported the SIU experienced acquired an order preserving the pension profit, about R1.7-million, held by Liberty Existence following an ex parte (without notice to the opposite side) application.
The premise to the interdict was that he experienced triggered a lack of R4-million for the NLC.
It absolutely was alleged that Ramatsekisa ready a proposal for “proactive funding” to carry out a analyze to assist the development with the KhoiSan language.
The funding — R4 million — was awarded to a company referred to as Zibsicraft.
The SIU alleges that Ramatsekisa lied about calling a stakeholder in the Department of Arts and Culture and he did not make sure that Zibsicraft’s application for grant funding went through the normal procedures. He didn't be certain that the men and women linked to that organisation had any links into the KhoiSan Local community or had ever carried out any do the job linked to the community.
Decide Makhoba said the SIU had also alleged that Ramatsekisa had made use of precisely the same technique in awarding a R5.5-million grant for establishing cricket in the Northern Cape.
These funding tasks were not assessed, evaluated or adjudicated by a distributing agency, but by former NLC Chief Functions 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 experienced colluded Along with the NLC to siphon dollars from it. He had only performed his administrative obligations along with the SIU had not made out a scenario that he was an “active and keen facilitator”.
Decide Makhoba said in these apps, the proof contained while in the SIU software was “deemed from scratch”. The exam was whether the SIU had built out a great scenario with the interdict it obtained while in the ex parte software.
He claimed there have been “shortcomings” in the manner by which Ramatesekisa had dealt with the funding of the Zibsicraft make a difference. Zibsicraft had no credible financial statements, normal procedures weren't followed, and also the so-called “Khoisan Group backlink” did not exist.
“The proof ahead of me indicates which the grant money weren't used for the supposed goal and reveals a prima facie situation which the applicant facilitated the illegal grant awards. He failed to gainsay the factual allegations designed towards him,” Decide Makhoba reported.
SIU spokesperson Kaizer Kganyago stated the Preliminary interdict were received “quickly” after Ramatsekisa resigned and wrote to his pension fund administrator, providing recognize that he intended to withdraw his pension reward.
Working with the allegations, he reported before long once the proactive funding was permitted for that Khoisan job, 3 folks 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 fiscal statements prepared for that durations ending 28 February 2018 and 28 February 2019. Even so, the non-profit organisation only opened a checking account on 19 March 2019, 6 times before it applied for funding,” Kganyago explained.
“The SIU uncovered that of the R4-million, R2.2-million allegedly went in the direction of getting residence for just a church named the upper Grace Christ Redeemer Church. The previous NLC Board Chairperson, Alfred Nevhutanda, and his wife, Mrs Tshilidzi Rachel Nevhutanda, represented the church while in the offer you to get it.”
He explained the SIU also intended to institute civil proceedings against Ramatsekisa to Get better damages endured through the NLC as a result of his perform.