The Special Investigating Unit (SIU) has secured a major victory after the Special Tribunal dismissed an application by former ANC spokesperson and Member of Parliament Pule Mabe to pause civil proceedings against him.
The Tribunal dismissed the application by Mabe and his company, Enviro Mobi (Pty) Ltd, ruling that it lacked merit and was an attempt to delay accountability.
In addition to dismissing the application, the Tribunal ordered Mabe to pay the legal costs.
Mabe and Enviro Mobi, now renamed Groen Mintirho, had argued that the SIU’s civil recovery case should be paused until their parallel criminal trial had concluded.
They claimed that proceeding with the civil matter would prejudice their defence.
“In his stay application, Mabe argues that the SIU’s pre-Proclamation investigation was unlawful because it formed the basis for the presidential proclamation; the proclaimed investigation was tainted, and evidence from it could not be admissible for the civil proceedings launched by the SIU.
“Mabe further stated that the SIU forensic report and findings were unconstitutional.
“Furthermore, Mabe sought to have the SIU’s civil recovery action paused until the conclusion of his criminal trial in the High Court,” read a statement from the SIU.
In its ruling, however, the Tribunal confirmed that the SIU’s pre-Proclamation investigation was lawful and preliminary in nature, rather than a full investigation under the SIU Act.
“It held that the Presidential Proclamation authorising the SIU’s investigation was validly issued and could not be impugned,” the statement added.
The Tribunal further found that the High Court review application relied upon by Mabe had poor prospects of success and did not justify delaying the Tribunal proceedings.
Meanwhile, the SIU investigation uncovered serious irregularities in the procurement of 200 three-wheel motorised waste collection vehicles under tender GT/GDARD/030/2017.
Enviro Mobi was awarded the contract, valued at R27.6 million, with approval from senior officials in the Gauteng Department of Agriculture, Rural Development and Environment.
“The City of Ekurhuleni later procured an additional 70 vehicles at R9 million under the same contract.
“The SIU found that over 90% of funds paid to Enviro Mobi were transferred into accounts controlled by Mabe.
“These funds were allegedly used for personal benefit and for entities and individuals linked to him.
“Investigations concluded that the tender process was irregular and orchestrated to channel public funds to Mabe through Enviro Mobi,” the statement elaborated.
The SIU has vowed to continue pursuing civil litigation to recover money allegedly paid unlawfully, co-operate with the National Prosecuting Authority (NPA) in parallel criminal proceedings, and protect public funds by ensuring accountability in cases of corruption and maladministration.
