Previous Lottery executive loses courtroom bid to obtain his pension
Previous Lottery executive loses courtroom bid to obtain his pension
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The Distinctive Tribunal has dismissed an software by Marubini Ramatsekisa, former National Lotteries Commission chief possibility officer, to obtain access to his R1.seven-million pension profit.
The First buy blocking accessibility was granted in December 2023.
The judge dismissed Ramatsekisa’s software to provide the purchase rescinded.
The Special Investigating Device has fingered Ramatsekisa for his position within a R4-million grant to a shelf enterprise, Zibsicraft, for the study to help the event on the Khoisan language.
R2.two-million of this, the SIU states, went to obtain house for the upper Grace Christ Redeemer Church, represented by previous NLC Board chair Alfred Nevhutanda, and his spouse.
Previous National Lotteries Commission (NLC) chief chance officer Marubini Ramatsekisa has unsuccessful in his bid to overturn an get from the Specific Tribunal blocking use of his pension resources.
The First ruay order was granted in December 2023 pursuing 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 order, professing it had been sought “erroneously” and granted in his absence.
But Exclusive Tribunal member Choose David Makhoba has dismissed his software and verified the interdict granted in favour with the Distinctive Investigating Device (SIU).
Examine the judgment
Decide Makhoba also ruled that Ramatsekisa need to pay out the costs of the applying.
In his new judgment, he claimed the SIU had attained an buy preserving the pension reward, about R1.seven-million, held by Liberty Lifetime adhering to an ex parte (all of sudden to one other aspect) software.
The basis for that interdict was that he experienced induced a lack of R4-million for the NLC.
It had been alleged that Ramatsekisa prepared a proposal for “proactive funding” to conduct a examine to aid the event of the KhoiSan language.
The funding — R4 million — was awarded to a business identified as Zibsicraft.
The SIU alleges that Ramatsekisa lied about getting in touch with a stakeholder from your Division of Arts and Tradition and he did not make sure that Zibsicraft’s application for grant funding went through the ordinary procedures. He did not make sure that the individuals related to that organisation experienced any back links towards the KhoiSan Group or had at any time carried out any do the job connected to the community.
Decide Makhoba reported the SIU had also alleged that Ramatsekisa had applied exactly the same procedure in awarding a R5.five-million grant for creating cricket while in the Northern Cape.
These funding jobs weren't assessed, evaluated or adjudicated by a distributing company, but by previous NLC Main Operations Officer Phillemon Letwaba and himself.
Letwaba signed the grant arrangement on behalf on the NLC and Ramatsekisa signed as his witness.
Ramatesekisa submitted the interdict must be reconsidered and set aside.
He stated there was no evidence that he experienced colluded Along with the NLC to siphon dollars from it. He had only performed his administrative responsibilities along with the SIU had not designed out a situation that he was an “Lively and ready facilitator”.
Judge Makhoba explained in these applications, the evidence contained in the SIU application was “thought of from scratch”. The check was whether or not the SIU experienced produced out a fantastic case for your interdict it acquired from the ex parte software.
He said there were “shortcomings” within 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” did not exist.
“The proof just before me implies the grant resources were not useful for the meant intent and displays a prima facie case the applicant facilitated the illegal grant awards. He didn't gainsay the factual allegations created versus him,” Judge Makhoba mentioned.
SIU spokesperson Kaizer Kganyago reported the initial interdict had been acquired “swiftly” soon after Ramatsekisa resigned and wrote to his pension fund administrator, supplying see that he meant to withdraw his pension profit.
Dealing with the allegations, he stated soon after the proactive funding was approved for the Khoisan project, a few persons acquired and became administrators of Zibsicraft non-income organisation, a dormant, shelf organization. 10 days afterwards, the corporate manufactured an software to the funding.
“The application was accompanied by money statements ready for that periods ending 28 February 2018 and 28 February 2019. On the other hand, the non-revenue organisation only opened a checking account on 19 March 2019, 6 times prior to it utilized for funding,” Kganyago claimed.
“The SIU found that in the R4-million, R2.2-million allegedly went in direction of obtaining assets for 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 present to acquire it.”
He explained the SIU also intended to institute civil proceedings towards Ramatsekisa to Get better damages endured with the NLC as a result of his conduct.