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 Particular Tribunal has dismissed an software by Marubini Ramatsekisa, previous National Lotteries Commission chief chance officer, to get access to his R1.seven-million pension profit.
The Original get blocking entry was granted in December 2023.
The decide dismissed Ramatsekisa’s application to possess the get rescinded.
The Distinctive Investigating Device has fingered Ramatsekisa for his function inside a R4-million grant to the shelf corporation, Zibsicraft, for the study to help the development of the Khoisan language.
R2.2-million of the, the SIU says, went to acquire home for the upper Grace Christ Redeemer Church, represented by previous NLC Board chair Alfred Nevhutanda, and his spouse.
Former 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 lottovip order 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 order, claiming it was sought “erroneously” and granted in his absence.
But Specific Tribunal member Decide David Makhoba has dismissed his software and confirmed the interdict granted in favour on the Exclusive Investigating Device (SIU).
Examine the judgment
Decide Makhoba also ruled that Ramatsekisa should pay out the costs of the applying.
In his new judgment, he claimed the SIU had obtained an get preserving the pension gain, about R1.7-million, held by Liberty Life pursuing an ex parte (all at once to another facet) application.
The idea for the interdict was that he had caused a loss of R4-million into the NLC.
It was alleged that Ramatsekisa geared up a proposal for “proactive funding” to perform a research to help the event from the KhoiSan language.
The funding — R4 million — was awarded to a firm called Zibsicraft.
The SIU alleges that Ramatsekisa lied about getting in contact with a stakeholder with the Office of Arts and Society and he didn't be sure that Zibsicraft’s software for grant funding went from the standard processes. He didn't make sure the persons affiliated with that organisation had any hyperlinks to the KhoiSan Local community 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 put aside.
He claimed there was no evidence that he had colluded Using the NLC to siphon money from it. He experienced only carried out his administrative duties as well as SIU had not made out a circumstance that he was an “active and keen facilitator”.
Decide Makhoba said in these apps, the proof contained inside the SIU software was “regarded as from scratch”. The take a look at was whether the SIU had manufactured out a good case to the interdict it received in the ex parte application.
He stated there were “shortcomings” inside the method through which Ramatesekisa had dealt with the funding in the Zibsicraft issue. Zibsicraft had no credible financial statements, normal procedures were not followed, and the so-termed “Khoisan Group url” did not exist.
“The proof just before me implies the grant funds were not useful for the intended intent and demonstrates a prima facie case the applicant facilitated the illegal grant awards. He failed to gainsay the factual allegations created versus him,” Judge Makhoba mentioned.
SIU spokesperson Kaizer Kganyago claimed the initial interdict had been obtained “swiftly” soon after Ramatsekisa resigned and wrote to his pension fund administrator, offering see that he meant to withdraw his pension profit.
Dealing with the allegations, he said soon once the proactive funding was authorised for that Khoisan job, 3 folks obtained and have become directors of Zibsicraft non-profit organisation, a dormant, shelf enterprise. Ten times later, the company designed an application for that funding.
“The application was accompanied by money statements ready for that periods 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 right before it applied for funding,” Kganyago stated.
“The SIU located that with the R4-million, R2.two-million allegedly went to buying home for any church named the Higher Grace Christ Redeemer Church. The former NLC Board Chairperson, Alfred Nevhutanda, and his spouse, Mrs Tshilidzi Rachel Nevhutanda, represented the church during the present to acquire it.”
He claimed the SIU also intended to institute civil proceedings against Ramatsekisa to Get better damages endured from the NLC due to his perform.