Special Investigating Unit and Another v RI Mako Trading and Projects and Another (NW02/2020) [2022] ZAST 25 (20 October 2022)

Special Investigating Unit and Another v RI Mako Trading and Projects and Another (NW02/2020) [2022] ZAST 25 (20 October 2022)

The Tribunal found that the respondents submitted invoices with inflated kilometres for learner scholar transport services, resulting in unjust enrichment and fraud. The respondents did not dispute the excess kilometres claimed, nor did they provide evidence of proper verification or approval by the Department. The Tribunal held that prescription had not run, as the SIU was only authorised to investigate in January 2018 and proceedings were instituted within the three-year period. The application procedure was deemed appropriate, and minor defects in commissioning affidavits were not prejudicial. The Tribunal pierced the corporate veil, holding the second respondent personally liable due...

Citation
[2022] ZAST 25
Parties
Applicant: Special Investigating Unit; Applicant: MEC for Department of Community and Transport Management; Respondent: RI Mako Trading and Projects; Respondent: Mako Remosetlha Isaac
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
20 October 2022
Case Number
NW02/2020
Procedural Posture
Monetary Application / Final Judgment
Outcome
Application granted in full; respondents held jointly and severally liable for the claimed amount and costs.
Judges
L.T. Modiba
Legal Topics
Unjust Enrichment, Fraudulent Claims, Prescription Act, Piercing Corporate Veil, Commissioning of Affidavits
Administrative Law Civil Procedure Commercial and Corporate Unjust Enrichment Fraudulent Claims Prescription Act Piercing Corporate Veil Commissioning of Affidavits

Case Brief

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Parties

Special Investigating Unit

Applicant

MEC for Department of Community and Transport Management

Applicant

RI Mako Trading and Projects

Respondent

Mako Remosetlha Isaac

Respondent

Procedural Posture

Monetary Application / Final Judgment

Legal Issues

  1. 1 Whether the respondents submitted excessive claims to the second applicant in respect of the learner scholar transport contract.
  2. 2 Whether the applicants have made out a case for monetary relief sought against the respondents.
  3. 3 Whether the applicants' claim has prescribed under the Prescription Act.

Ratio Decidendi

The Tribunal found that the respondents submitted invoices with inflated kilometres for learner scholar transport services, resulting in unjust enrichment and fraud. The respondents did not dispute the excess kilometres claimed, nor did they provide evidence of proper verification or approval by the Department. The Tribunal held that prescription had not run, as the SIU was only authorised to investigate in January 2018 and proceedings were instituted within the three-year period. The application procedure was deemed appropriate, and minor defects in commissioning affidavits were not prejudicial. The Tribunal pierced the corporate veil, holding the second respondent personally liable due...

Court Disposition

Application granted in full; respondents held jointly and severally liable for the claimed amount and costs.

Orders

  • The application succeeds.
  • It is declared that the applicants’ claims against the respondents have not become prescribed.