Ramatsekisa v Special Investigating Unit and Others (GP21/2023) [2025] ZAST 1 (23 January 2025)

Ramatsekisa v Special Investigating Unit and Others (GP21/2023) [2025] ZAST 1 (23 January 2025)

The court found that the applicant failed to provide credible financial statements for Zibsicraft, did not follow normal grant funding processes, and made false statements regarding stakeholder engagement. The evidence indicated that the grant funds were not used for their intended purpose and that the applicant facilitated unlawful grant awards. The applicant did not advance sufficient reasons to disturb the ex parte order, and the balance of convenience did not favour rescission. Accordingly, the reconsideration application was dismissed and the ex parte order confirmed.

Citation
[2025] ZAST 1
Parties
Applicant: Marubini Ramatsekisa; Respondent: Special Investigating Unit; Respondent: Liberty Group Limited; Respondent: National Lotteries Commission
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
23 January 2025
Case Number
GP21/2023
Procedural Posture
Review Application / Reconsideration of Ex Parte Order
Outcome
Application for reconsideration dismissed; ex parte order confirmed; costs awarded against applicant.
Judges
D Makhoba
Legal Topics
Precautionary Interdict, Maladministration, Reconsideration Proceedings, Grant Funding Irregularities
Administrative Law Civil Procedure Precautionary Interdict Maladministration Reconsideration Proceedings Grant Funding Irregularities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Marubini Ramatsekisa

Applicant

Special Investigating Unit

Respondent

Liberty Group Limited

Respondent

National Lotteries Commission

Respondent

Procedural Posture

Review Application / Reconsideration of Ex Parte Order

Legal Issues

  1. 1 Whether the applicant has established grounds to rescind or vary the ex parte order granted on 12 December 2023.
  2. 2 Whether the applicant actively facilitated maladministration resulting in unlawful grant awards.
  3. 3 Whether the balance of convenience favours the applicant in reconsideration proceedings.

Ratio Decidendi

The court found that the applicant failed to provide credible financial statements for Zibsicraft, did not follow normal grant funding processes, and made false statements regarding stakeholder engagement. The evidence indicated that the grant funds were not used for their intended purpose and that the applicant facilitated unlawful grant awards. The applicant did not advance sufficient reasons to disturb the ex parte order, and the balance of convenience did not favour rescission. Accordingly, the reconsideration application was dismissed and the ex parte order confirmed.

Court Disposition

Application for reconsideration dismissed; ex parte order confirmed; costs awarded against applicant.

Orders

  • The reconsideration application of the applicant is dismissed.
  • The ex parte order granted by the Special Tribunal on 12 December 2023 is confirmed.