Special Investigating Unit v Dlamini and Others (GP26/2024) [2025] ZAST 9 (10 June 2025)

Special Investigating Unit v Dlamini and Others (GP26/2024) [2025] ZAST 9 (10 June 2025)

The Special Tribunal found that the SIU had established a prima facie right to the preservation of the first respondent's pension fund, based on the findings of gross misconduct and dishonesty in disciplinary proceedings. The respondent's conduct in co-signing and approving a fraudulent progress report directly led to the unlawful payment of R3 million, causing loss to the NLC. The Tribunal held that the errors in citation of the pension fund entity were bona fide and ultimately corrected without prejudice. The delay in launching the urgent application was justified by the procedural developments, including the respondent's disciplinary appeal and subsequent withdrawal application. The...

Citation
[2025] ZAST 9
Parties
Applicant: Special Investigating Unit; Respondent: Sanele Dlamini; Respondent: National Lotteries Commission; Respondent: Motheo Sports and Entertainment Foundation; Respondent: Corporate Selection Umbrella Retirement Fund
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
10 June 2025
Case Number
GP26/2024
Procedural Posture
Urgent Application / Interlocutory Application for Interim Interdict Pending Main Proceedings
Outcome
Interim interdict granted restraining the first respondent from accessing or encumbering his pension fund pending final determination of the main proceedings.
Judges
M Victor
Legal Topics
Pension Funds Act Section 37d, Interim Interdict, Gross Misconduct, Public Interest Recovery, Joinder and Substitution, Disciplinary Proceedings
Administrative Law Civil Procedure Pension Funds Act Section 37d Interim Interdict Gross Misconduct Public Interest Recovery Joinder and Substitution Disciplinary Proceedings

Case Brief

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Parties

Special Investigating Unit

Applicant

Sanele Dlamini

Respondent

National Lotteries Commission

Respondent

Motheo Sports and Entertainment Foundation

Respondent

Corporate Selection Umbrella Retirement Fund

Respondent

Procedural Posture

Urgent Application / Interlocutory Application for Interim Interdict Pending Main Proceedings

Legal Issues

  1. 1 Whether the applicant is entitled to an interim interdict restraining the first respondent from accessing his pension fund pending final determination of the main proceedings.
  2. 2 Whether the correct pension fund entity was joined and properly cited.
  3. 3 Whether the delay in launching the urgent application was justified.

Ratio Decidendi

The Special Tribunal found that the SIU had established a prima facie right to the preservation of the first respondent's pension fund, based on the findings of gross misconduct and dishonesty in disciplinary proceedings. The respondent's conduct in co-signing and approving a fraudulent progress report directly led to the unlawful payment of R3 million, causing loss to the NLC. The Tribunal held that the errors in citation of the pension fund entity were bona fide and ultimately corrected without prejudice. The delay in launching the urgent application was justified by the procedural developments, including the respondent's disciplinary appeal and subsequent withdrawal application. The...

Court Disposition

Interim interdict granted restraining the first respondent from accessing or encumbering his pension fund pending final determination of the main proceedings.

Orders

  • The application for urgency is granted.
  • Pending the outcome of legal proceedings in the Special Tribunal and any further legal process, the first respondent is interdicted from withdrawing, encumbering, or prejudicing the value of monies held by Corporate Selection Umbrella Retirement Fund due to him.