Former lottery official fails in court bid to unfreeze his pension fund
Judge says former NLC chief risk officer Marubini Ramatsekisa didn’t explain how he could live at an expensive golf estate while claiming to be unemployed
Marubini Ramatsekisa. Extracted from an NLC video. (fair use)
- Former National Lotteries Commission (NLC) chief risk officer Marubini Ramatsekisa has again failed to get access to his pension funds.
- His funds were frozen by order of the Special Tribunal at the behest of the Special Investigating Unit.
- He argued that he needed R1.2-million to pay for legal fees and his living expenses.
- The judge dismissed the application, saying Ramatsekisa had not fully disclosed his financial circumstances, nor explained how he managed to live in an expensive golf estate while claiming to be unemployed.
Former National Lotteries Commission (NLC) chief risk officer Marubini Ramatsekisa has again failed to get access to his pension funds, which were frozen last year by order of the Special Tribunal at the behest of the Special Investigating Unit.
Earlier this year, special tribunal member Judge David Makhobo dismissed Ramatsekisa’s application to rescind an order granted in December 2023, effectively blocking access to what the NLC says is about R1.4-million in a pension fund held by Liberty Life.
Now tribunal judge Margaret Victor has denied his bid to get his hands on R1.2-million of the funds, which he claimed he needed for legal fees and living expenses.
The SIU alleges that Ramatsekisa was part of a scheme through which the NLC gave a grant to a shelf company, Zibsicraft, ostensibly for a study to assist the development of the Khoisan language.
The SIU says R2.2-million went to buy property for the Higher Grace Christ Redeemer Church, represented by former NLC Board chair Alfred Nevhutanda, and his wife.
In her recent ruling, judge Victor noted that if R1.2 million was released to him, it would only leave about R200,000 in preservation. She said Ramatsekisa denied any wrongdoing.
He said the preservation order had “accelerated his financial downturn” and he had always intended to withdraw the money when he resigned.
“The applicant explained that he is currently facing various applications brought by the SIU. He lists amounts of R4-million, R5.5-million and R6-million as claims against him,” Judge Victor said.
She said at the time of the freezing of his pension, he believed there was R1.7-million in his fund.
“After resigning from the NLC in October 2023, he tried to withdraw his benefits because he had a number of debts which were in arrears. To his dismay, on 12 December 2023, he was met with the news that his pension benefits had been preserved. He states that he is unable to keep up with his financial obligations to his family and creditors. He is not entitled to legal aid or pro bono assistance, and he cannot find employment. He has to incur legal expenses to defend himself.”
At present, he said, he owed creditors almost R1.9-million, including attorney and counsel fees.
Judge Victor said, however, that Ramatsekisa had not given substantial detail of his income and had not disclosed rental he received from properties.
He had also not disclosed his bank statements which “would have gone a long way to make disclosure of all of his interests and indeed reflect what he did with the proceeds of the property that he sold”.
The SIU, in opposing the application, said Ramatsekisa had an interest in at least four properties, one being his primary residence situated in the affluent and exclusive Blue Valley Midrand golf estate.
The SIU also submitted that R200,000 left in the account would be “wholly inadequate”.
Judge Victor said the SIU Act was clear and the “net spread very widely” when it related to interdicts that can be granted.
While mindful of Ramatsekisa’s constitutional rights, those rights must be read together with the purpose and context of the Act: to protect state assets and money where there may be harm to the state.
“The facts of this case demonstrate that the applicant has not made a full and frank disclosure of his financial situation. He has failed to explain how he gets to live in an affluent golfing estate without showing how he is funding that lifestyle. What is more, he has not disclosed a bona fide reason why he has not sold off his remaining properties to meet his expenses,” she said.
She dismissed his application.
On the issue of costs, she said it was clear that Ramatsekisa was in dire financial straits.
“There is a clear reluctance to sell off assets moving forward to resolve his financial woes. I accept that the possible resolution will take time, if for example, properties have to be sold off.”
She said she would grant a costs order against him but would defer it for 12 months to give him time to raise the money.
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