Ex-NLC official Ramatsekisa’s bid to access locked pension fails as SIU pursues corruption case

The Special Tribunal has dismissed an application by former National Lotteries Commission (NLC) official Marubini Ramatsekisa to release R1.2m of his R1.4m pension fund that was preserved by the tribunal at the request of the Special Investigating Unit (SIU). 

The tribunal’s preservation order granted in December 2023 interdicted Ramatsekisa from withdrawing his pension benefits. The funds will remain interdicted pending the SIU’s finalisation of an application to be brought against him. 

The SIU, in its application, alleged Ramatsekisa, who was the NLC's chief risk officer, facilitated a proposal for proactive funding for a nonprofit organisation for R4m. Ramatsekisa allegedly signed a proactive assessment sheet which was a deviation from the normal grant funding.

He allegedly did not ensure that the application went through the normal process.

The SIU found R2.2m of the R4m allegedly went towards purchasing property for the Higher Grace Christ Redeemer Church.

The former NLC board chairperson, Alfred Nevhutanda, and his wife, Tshilidzi Rachel Nevhutanda, represented the church in the offer to purchase it. 

In his application for the release of R1.2m, Ramatsekisa said he wanted to fund his litigation and living expenses. 

Ramatsekisa denied any wrongdoing. He said the preservation order accelerated his financial downturn. He said he intended to withdraw his pension money before the preservation order was granted as his employment with the NLC ended when he resigned. 

After resigning, on October 11 2023 Ramatsekisa tried to withdraw his benefits because he had a number of debts in arrears he wanted to pay off. However, he was met with the news that his pension benefits had been preserved.

Ramatsekisa said since the preservation order and his inability to retrieve the funds, his financial hardships had increased. He stated he was unable to keep up with his financial obligations to his family and his creditors.

He did not have alternative employment because he was fully involved with this case. He said he has a wife of 19 years and four children aged between 1 and 16. He described his monthly expenses which included groceries, payment of various mortgage bonds, school fees, body corporate fees, Telkom and City of Johannesburg bills. He also said he was in arrears with creditors in an amount of R1.8m. 

“Unfortunately the applicant’s income is not described in any substantial detail at all, save to state that he is not working. He does not disclose the rental he receives from his properties,” Special Tribunal president judge Margaret Victor said.

She said Ramatsekisa also did not attach or refer to his bank statements reflecting his financial position for the past several months

“Though the rules do not enjoin him to attach several months of personal bank statements reflecting his daily living costs. This would have gone a long way to make disclosure of all his interests and indeed reflect what he did with the proceeds of the property that he sold.” 

Opposing the application, the SIU said his debts exceeded his pension benefit. It said should it succeed in the main application, it would have no security for recovering any damages.

The SIU also contended that Ramatsekisa had an interest in at least four immovable properties, one being his primary residence situated in an affluent and exclusive golf estate in Midrand.

“The facts in this case demonstrate that (Ramatsekisa) has not made a full and frank disclosure of his financial situation,” Victor said when she dismissed the application with costs. 

She said Ramatsekisa had failed to advise the tribunal what he did with the proceeds of a property he appeared to have sold during these proceedings.

“He has also failed to explain the rental he receives from his remaining properties. He has failed to explain how he gets to live in an affluent golfing estate without showing how he is funding that lifestyle.”

Victor said Ramatsekisa had not disclosed a genuine reason why he has not sold off his remaining properties to meet his expenses.

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