Company loses bid to stop auction of Bryanston home linked to irregular PPE deal

Hamilton Ndlovu. Photo Unknown

Hamilton Ndlovu. Photo Unknown

Published Sep 27, 2023

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Johannesburg – The Special Investigating Unit (SIU) said it welcomes the ruling of the High Court of South Africa: Gauteng Division, Pretoria, that dismissed with costs an application to stop the auction of a luxury Bryanston house linked to businessman Hamilton Ndlovu.

The high court order dated September 1, 2023, comes after the SIU and the National Health Laboratory Services (NHLS) accepted an offer of R7.1 million for the Bryanston home as part of the implementation of investigation outcomes and consequence management to recover losses suffered by the State and NHLS.

The luxury house was auctioned on July 4, 2023, following a final forfeiture order that the Special Tribunal confirmed in January 2023.

SIU spokesperson Kaizer Kganyago said that Zaisan Kaihatsu (PTY) LTD, whose sole director is Nokuthula Mokoena, attempted to block the auction in the high court without success. The application was dismissed with costs.

Kganyago said in June 2022, the Special Tribunal ordered that 19 personal protective equipment (PPE) tenders amounting to R172 million that were awarded by the NHLS to Ndlovu and associated companies be declared invalid and unlawful. The tribunal set aside the contracts and ordered that Ndlovu and associated companies pay back R158m with interest.

He said the tribunal further ordered that assets and funds held by Ndlovu, Zaisan Kaihatsu, and Bugatti Security Services and Projects be forfeited to the State. He challenged the forfeiture order, and the challenge was dismissed in January 2023. Processes are under way to implement the forfeiture order.

The events follow an investigation by the SIU into the affairs of NHLS, which revealed that eight companies, directly and indirectly linked to Ndlovu, had obtained contracts worth a total of R172 742 275 for PPE.

The SIU investigation established that the contracts were obtained by abusing the emergency procurement procedures that the NHLS adopted to respond to the Covid-19 disaster during the first half of 2020.

“The SIU obtained and analysed the bank statements of Ndlovu’s front companies and other companies and individuals linked to him. The analysis showed that, apart from an amount of about R15 million that appears to have been used for the purchase of PPE, the funds received from the NHLS were not used to obtain supplies of PPE to deliver upon the contracts to the NHLS. Instead, almost 90% of the funds flowed to Ndlovu for his personal use,” said Kganyago.

He said In terms of Proclamation R.23 of 2020, the SIU was authorised by President Cyril Ramaphosa to investigate allegations of corruption, malpractice, maladministration, and irregularities in procuring goods and services by State institutions in response to Covid-19.

https://x.com/RSASIU/status/1706993078232285534?s=20

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