The judge stated that Marubini Ramatsekisa, who previously served as the risk officer for NLC, failed to clarify how he managed to reside in a costly golf estate despite declaring himself jobless.
- The former chief risk officer of the National Lotteries Commission (NLC), Marubini Ramatsekisa, has once more been denied access to his pension funds.
- His assets were seized under an edict from the Special Tribunal at the request of the Special Investigating Unit.
- He contended that he required R1.2 million to cover both his legal costs and living expenses.
- The judge rejected the application, stating that Ramatsekisa failed to provide complete information about his finances and did not clarify how he could afford to reside in an upscale golf community despite claiming unemployment.
Previously, the top risk officer at the former National Lotteries Commission (NLC) Marubini Ramatsekisa Has once more been unable to obtain access to his pension funds, which were placed under freeze last year following an edict from the Special Tribunal at the request of the Special Investigating Unit.
Earlier this year, Judge David Makhobo, a special tribunal member, rejected Ramatsekisa's request to overturn an order issued in December 2023. This decision has essentially prevented access to approximately R1.4 million from a pension fund managed by Liberty Life, as claimed by the NLC.
Now Tribunal Judge Margaret Victor has rejected his request to access R1.2 million from the funds, money he said was necessary for covering legal costs and personal expenses.
The SIU claims that Ramatsekisa was involved in a plan where the NLC provided a grant to a shell company named Zibsicraft, supposedly for research aimed at supporting the advancement of the Khoisan language.
According to the SIU, R2.2 million was spent to acquire property for the Higher Grace Christ Redeemer Church, which is represented by ex-NLC Board chairman Alfred Nevhutanda and his spouse.
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In her latest decision, Judge Victor pointed out that releasing R1.2 million to him would result in only around R200,000 remaining under preservation. She stated that Ramatsekisa refuted any allegations of misconduct.
He stated that the preservation order had "expedited his financial decline" and he had planned to retrieve the funds once he stepped down.
Judge Victor stated that the applicant mentioned he is presently dealing with several cases initiated by the SIU. He specified claim amounts of R4 million, R5.5 million, and R6 million being pursued against him.
At the time when they froze his pension, he thought there was R1.7 million in the fund.
Following his resignation from the NLC in October 2023, he attempted to claim back his benefits due to multiple outstanding debts. However, much to his disappointment, on December 12th, 2023, he learned that his pension benefits would be maintained. He mentions being incapable of meeting his fiscal responsibilities towards both his family and lenders. Unfortunately, he does not qualify for legal aid or volunteer-based support services, nor can he secure a job. Consequently, he finds himself obligated to cover legal costs as part of defending himself.
Currently, he stated, his debt to creditors amounts to nearly R1.9 million, which includes legal representation costs.
However, Judge Victor stated that Ramatsekisa had failed to provide significant details about his income and did not disclose the rent he earned from his properties.
He failed to provide his bank statements as well, which would have significantly helped in disclosing all of his interests and shown how he used the money from the property he sold.
In opposition to the application, the SIU stated that Ramatsekisa held interests in at least four properties, with one of them being his main home located within the upscale and private Blue Valley Midrand golf community.
The SIU further submitted that leaving R200,000 in the account would be "far from sufficient."
Judge Victor stated that the SIU Act was unambiguous and had broad applicability regarding the granting of interdicts.
Although we respect Ramatsekisa's constitutional rights, these rights should also be considered alongside the intent and context of the Act—to safeguard state resources and funds when such actions could potentially damage public interests.
"The facts of this case demonstrate that the applicant has not made a full and frank disclosure of his financial situation. He has failed to explain how he gets to live in an affluent golfing estate without showing how he is funding that lifestyle. What is more, he has not disclosed a bona fide reason why he has not sold off his remaining properties to meet his expenses," she said.
She dismissed his application.
Regarding expenses, she stated that it was evident Ramatsekisa was facing severe financial difficulties.
There is evident hesitation about selling off assets in the future to address his financial difficulties. I acknowledge that this potential solution would require time, particularly if, for instance, properties need to be disposed of.
She mentioned that she would issue a costs order against him but decided to postpone it for one year to allow him enough time to gather the funds.
Provided by Syndigate Media Inc. ( Syndigate.info ).
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