THE Special Tribunal has turned down an application by former National Lotteries Commission (NLC) chief risk officer Marubini Ramatsekisa to get access to R1,2 million from his preserved pension fund, for living and legal expenses.

The tribunal this week found that Ramatsekisa did not make a full and frank disclosure of his financial circumstances, which is a prerequisite before these funds could be released to him.

The Special Investigating Unit (SIU) earlier obtained a preservation order against his pension fund, following allegations that he was involved in a scheme to misappropriate about R4 million from the NLC.

According to the SIU, the amount preserved in the pension fund is approximately R1,4 million. This means that if an amount of R1,2 million is released, only an amount of about R200,000 will remain.

The SIU has been mandated to conduct investigations into maladministration in connection with the affairs of the NLC. In particular, it had to investigate the maladministration of the grant funds in the National Lotteries Distribution Funds.

The SIU said that the basis for obtaining the interdict and restraining order of the pension fund arose out of an elaborate scheme at the NLC perpetrated by its officials to siphon off money from the grant funding part of it.

The SIU contended that the applicant was a key player in the scheme. It said it has uncovered evidence that ties him to an amount of approximately R4 million siphoned off from the NLC. He resigned before the disciplinary hearing could take place.

The applicant (Ramatsekisa) denied any wrongdoing. He explained that the preservation order accelerated his financial downturn. He intended to withdraw the fund before the preservation order was granted as his employment with the NLC ended when he resigned.

Ramatsekisa explained that he is currently facing various applications brought by the SIU which led to this preservation order against his pension fund. He listed amounts of R4 million, R5,5 million, and R6 million as claims against him.

He explained that when he had resigned, there was about R1,7 million in his pension fund. He tried to withdraw his benefits because he had a number of debts which were in arrears and which he wanted to pay off. To his dismay, in December 2023 he was met with the news that his pension benefits had been preserved in terms of the Tribunal preservation order.

Since the preservation order and his inability to retrieve the funds, his financial hardships increased, he told the tribunal. Ramatsekisa said that he is unable to keep up with his financial obligations to his family and his creditors.

He has explained that he is not entitled to legal aid or pro bono assistance and that he cannot find employment. According to him, he has to incur legal expenses to defend himself.

The SIU, on the other hand, said that the applicant has an interest in at least four immovable properties, one being his primary residence situated in the exclusive golf estate of Blue Valley, Midrand. This is not denied by the applicant, but he states that he only owns two properties.

It was said that the applicant’s debts exceed his pension fund benefit; therefore, should the SIU be ordered to release the R1,2 million, it would have no security for recovering any damages.

In turning down the application, the Tribunal said Ramatsekisa has failed to explain how he gets to live in an affluent golfing estate without showing how he is funding that lifestyle and why he has not sold off his remaining properties to meet his expenses.

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Former NLC Chief Risk Officer 's pension fund request rejected by Tribunal