The Special Tribunal has denied a request by National Lottery Commission (NLC) recipients to revisit a preservation order issued against them by the Special Investigative Unit (SIU).
In addition, the beneficiaries were unsuccessful in their effort to have the SIU’s application for grant funds reviewed and set aside.
The recipients reportedly took at least R15 million from at least R19 million in NLC funds allocated for the development of athletics tracks in two provinces via the non-profit organization Inqaba Yokulinda.
Some R2.5 million is alleged to have been paid into the account of a law firm for the purchase of an R27 million luxury home owned by former NLC board chairperson Alfred Ntshengedzeni Nevhutanda, while the remainder of the money was allegedly spent on luxury vehicles, loan debt repayment, and an R58 000 spa day, among other things.
In February of last year, the SIU secured a preservation order against the beneficiaries and saved two Mercedes-Benz AMG cars, an Audi A3, a Honda Jazz, and a Zwartkop residence.
Among those connected in the controversy are:
- Inqaba Yokulinda CEO Buyisiwe Khoza
- CEO of IT company Unicus, Jabulani Sibanda
- Acting Athletics South Africa (ASA) CEO Tshifhiwa Terrence Magogodela
- Former NLC board chairperson Alfred Ntshengedzeni Nevhutanda
In their request for a review of the preservation decision, the judge Soma Naidoo said that the petitioners had not submitted any evidence that may compel the court to rethink the preservation ruling.
“In my view, the SIU had established a prima facie case for the grant of the preservation order. Additionally, there are no facts that have been presented in the reconsideration application, which, if placed before the Tribunal on 14 February 2022, would have caused it to refuse the application for an interdict/ preservation order,” Naidoo said.
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