Ramatsekisa v Special Investigating Unit and Others (GP21/2023) [2025] ZAST 7 (17 March 2025)

Ramatsekisa v Special Investigating Unit and Others (GP21/2023) [2025] ZAST 7 (17 March 2025)

The Tribunal found that the applicant failed to provide full and frank disclosure of his financial situation, including details of income from rental properties and proceeds from property sales, and showed reluctance to sell assets to meet expenses. The legislative framework, when interpreted harmoniously, empowers the Tribunal to grant interdictory relief to protect state assets, and the rules do not override the SIU Act. The applicant did not meet the requirements for release of preserved funds under rule 23(10), as he did not disclose all interests in property subject to the preservation order and failed to substantiate his financial hardship with sufficient evidence. The preservation...

Citation
[2025] ZAST 7
Parties
Applicant: Marubini Livingstone Ramatsekisa; Respondent: Special Investigating Unit; Respondent: Liberty Group Limited; Respondent: National Lotteries Commission
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
17 March 2025
Case Number
GP21/2023
Procedural Posture
Urgent Application / Application for Release of Preserved Pension Funds Pending Main Review
Outcome
Application dismissed with costs, including the cost of counsel on the C scale. Payment of costs deferred for 12 months.
Judges
M Victor
Legal Topics
Preservation Order, Release of Preserved Funds, Full and Frank Disclosure, Ranking of Creditors, Statutory Interpretation, Pension Fund Deductions
Administrative Law Civil Procedure Banking and Finance Preservation Order Release of Preserved Funds Full and Frank Disclosure Ranking of Creditors Statutory Interpretation +1 more

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Parties

Marubini Livingstone Ramatsekisa

Applicant

Special Investigating Unit

Respondent

Liberty Group Limited

Respondent

National Lotteries Commission

Respondent

Procedural Posture

Urgent Application / Application for Release of Preserved Pension Funds Pending Main Review

Legal Issues

  1. 1 Whether the applicant is entitled to the release of R1.2 million from his preserved pension fund for living and legal expenses.
  2. 2 Whether the applicant has made full and frank disclosure of his financial situation as required for release of preserved funds.
  3. 3 Whether the legislative framework permits release of preserved funds under the circumstances.

Ratio Decidendi

The Tribunal found that the applicant failed to provide full and frank disclosure of his financial situation, including details of income from rental properties and proceeds from property sales, and showed reluctance to sell assets to meet expenses. The legislative framework, when interpreted harmoniously, empowers the Tribunal to grant interdictory relief to protect state assets, and the rules do not override the SIU Act. The applicant did not meet the requirements for release of preserved funds under rule 23(10), as he did not disclose all interests in property subject to the preservation order and failed to substantiate his financial hardship with sufficient evidence. The preservation...

Court Disposition

Application dismissed with costs, including the cost of counsel on the C scale. Payment of costs deferred for 12 months.

Orders

  • The application is dismissed with costs including the cost of counsel on the C scale.
  • The payment of these costs is deferred for a period of 12 months from the date of this order.