SIU v Aventino Group hearing. This relates to the Talana shacks in Limpopo 👇👇👇
Presiding Judge: Soma Naidoo
Counsel for the SIU and the Housing Development Agenct: Adv TC Kwinda
Counsel for respondents: Adv Malose Monene assisted by Adv George Mokonoto
Adv Kwinda tells the Special Tribunal that there is an application for postponement of the R15 million Talana shacks hearing.
Based on the instructions, the application for postponement by Aventino Group would be opposed.
Documents were uploaded on caseline late last week.
Adv Kwinda submits that the instructions to oppose the application is based on the respondents' non adherence to the directives issued by Modiba J on the 29th July 2022.
Adv Mokonoto submits that at the commencement they would ask for the matter to stand down for about 30 minutes to engage with him with the issues that they would want to bring to the Special Tribunal.
Adv Monene suggests that they intend introducing a settlement agreement.
Aventino Group tells the Special Tribunal through Adv Monene that they propose a settlement agreement in the R15 million contract.
The SIU Counsel agrees that the matter stand down until 10H45 to take further instructions.
Proceedings adjourn until 10H45
Proceedings resume.
Adv Mokonoto proposes that they seem to have found each other in respect of the settlement agreement. However the parties want to finalize a few instructions and will be back in court once they have concluded.
Adv Kwinda for the applicants agrees.
After the break of an hour the parties are back.
Counsel for the SIU submits that they received the proposal from Aventino Group. However the senior management of the SIU is not available in the office today to peruse the details of the proposal.
The parties seek postponement for the Special Tribunal to adjourn until Thursday, 11th August 2022.
This will give the SIU time to confirm the details of the settlement agreement.
If not approved, the matter will proceed on opposed basis.
ORDER 1. The matter is postponed to Thursday, 11 August 2022 2. In the event the SIU rejects the settlement agreement the parties will agree on the further conduct of the proceedings. 3. The issue of the costs are to be incorporated in the settlement agreement.
Proceedings end.
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JUDGMENT: SIU and Transnet SOC Ltd v Zakhele Ezekiel Thabo Lebelo and Others (GP06/2022)
Former Transnet Group Executive for Properties' R1, 8 million retirement benefits have been interdicted and a Curator Bonis is appointed to manage his several Rosebank properties.
In judgment delivered on Monday afternoon, the Special Tribunal found that Lebelo and Phathutshedzo Brighton Mashamba connived for the disgorgement of secret profits they earned from Superfecta Trading 209 CC - a supplier to Transnet Properties and BBDM Bros Advertising Agency.
Both Lebelo and Mashamba were instrumental in Superfecta and BBDM being awarded Transnet contracts on terms prejudicial to Transnet.
Between February 2016 and August 2018 Superfecta earned over R64 million from Transnet. BBDM was paid tenant installation allowance of R73 million
JUDGMENT: Special Tribunal orders Hamilton Ndlovu and his companies to pay R158 million, forfeit assets and be blacklisted from doing business with the State
The Special Tribunal has reviewed and set aside the R172 million PPE contracts awarded to Hamilton Ndlovu.
On Tuesday, the Special Tribunal granted an order which declared as unconstitutional, invalid, irregular and ordered the contracts awarded to Ndlovu, fronting with his companies: Bugatti Security Services and Projects (Pty) Ltd, Hamilton Holdings (Pty) Ltd, Mok Plus One (Pty)
Ltd, Abompetha (Pty) Ltd, Feliham (Pty) Ltd Persto (Pty) Ltd and Kgodume Mokone Trading Enterprises (Pty) Ltd. The Special Tribunal also ordered the second applicant, the National Health Laboratory Services (NHLS), to invoke provisions of Section 15 of the Preferential
The review application in the matter between the SIU and National Health Laboratory Services and Hamilton Thabiso Ndlovu and 15 Others (GP19/2021)
Adv Barry Roux SC is appearing for the SIU and NHLS. Adv Matlhaba Manala appears for Mr Ndlovu and Hamilton Holdings (Pty) Ltd
Adv Mpati Qofa is appearing for Mok Plus One (Pty) Ltd, Abompetha (Pty) Ltd, Persto (Pty) Ltd and Kgodumo Mokone Trading Enterprise (Pty) Ltd.
Adv MG Makhoebe is appearing for Joristans Logistics (Pty) Ltd.
Judge Lebogang Modiba checks with the parties that in the persistence of loadshedding she would consider the submissions on the filed heads of argument.
The parties concur.
Adv Roux SC begins the address. He has filed the 50-paged heads of argument to the Special Tribunal.
SIU and Another v Hamilton Ndlovu and Others (Review application)
The Special Tribunal will, virtually, hear the review application in the above-mentioned matter on Thursday, 10 March 2022. The application seeks to review and set aside the R172 million awarded by the
National Health Laboratory Services in contracts in the wake of the Covid-19 pandemic.
The Special Tribunal previously granted an order preserving an amount of R42 million pending the finalization of the review application. The South African Revenue Services has preserved
an amount of R102 million and appointed the Curator bonis to take care of the assets during the litigation process. Ndlovu had previously, unsuccessfully, applied to have access to his funds to fight off the litigation.
At the time, Ndlovu alleged that he was out of funds
@saflii@AfricanLII
JUDGMENT IN THE MATTER BETWEEN THE SIU AND THE DEPARTMENT OF PUBLIC WORKS v CALEDON RIVER PROPERTIES (PTY) LTD AND PROFTEAM CC
The Special Tribunal has ordered that Caledon River Properties t/a Magwa Construction and ProfTeam CC be divested of the profits
earned from the contacts concluded under contract number H16/022 and HP14/075 between the Department of Public Works and Infrastructure (the Department) and the first and second respondents, respectively.
In a judgment delivered on Tuesday, Judge Lebogang Modiba
provided for the reasons of the dismissal of the postponement application which the SIU brought on the eve of the trial. During the trial in October 2021, the Judge reserved the reasons and said they would be included in the judgment.
According to the Judge, the SIU
The joinder application in the matter between the SIU and Digital Vibes gets underway before Judge Lebogang Modiba.
Adv Barry Roux SC is for the applicants (SIU).
Adv WAJ Nicholson is for All Out Trading (Pty) Ltd, Azwakele Trading and Projects (Pty) Ltd and Sithokozile Mkhize,
Adv Gregory Harper appears for Tusokuhle Farming (Pty) Ltd and Sirela Trading (Pty) Ltd and Adv John Pammenter appears for Cedar Falls Properties 34 (Pty) Ltd.
Adv Barry Roux SC details the basis of the joinder application and makes submissions thereto.
Adv Roux SC: the basis for the application is to join the respondents who were identified pursuant to the investigations and as such they ought to be liable.
He says the SIU is pursuing the R150 million claim and that it was necessary to join the proceedings.