More legal woes for Hamilton Ndlovu as he fails to stop SIU from recouping R172m PPE tender money
Businessman Hamilton Ndlovu's bid to slam brakes on the Special Investigating Unit's (SIU) attempt to recoup R172m from him has failed.
The Special Tribunal has on Tuesday dismissed an application by Ndlovu to stop further legal action against him in the court pending the finalisation of his other legal challenge against the SA Revenue Services (Sars) which is taking place in the Johannesburg high court.
The SIU and the National Health Laboratory Services (NHLS) are trying to recoup R172m from the businessman which they alleged was received through a fraudulently awarded a tender to supply personal protective equipment.
Ndlovu leapt into the public domain in May last year after posting a video footage online and boasting about buying a fleet of luxury vehicles worth about R11m.
The fleet included three Porsches, a Jeep and a Lamborghini Urus SUV.
The SIU and the National Health Laboratory Services were earlier granted an order to freeze his assets in which only R42m could be frozen. R15m of the money paid to Ndlovu was withdrawn in cash through tellers and ATMs.
Ndlovu launched an application, arguing that he was broke, to stop the proceedings in the Special Tribunal, pending the finalisation of his other court matter with Sars.
The SIU argued that Ndlovu had not been honest about his financial position.
Judge Lebogang Modiba stated in his ruling that approximately R50m remains unaccounted for by Ndlovu.
“In addition, Mr Ndlovu makes reference to third party financial sources to cover his living expenses. At the second case management meeting, his counsel mentioned that Mr Ndlovu was making arrangements to source the additional money he requires to finance his legal fees from third party sources. In the stay application, Mr Ndlovu is silent on what became of these efforts,” stated Modiba in the judgment.
Modiba also took on Ndlovu for refusing to reveal his source of income.
“When quizzed by the opposing respondents in their answering affidavit about his failure to disclose these third party sources to the Tribunal, Mr Ndlovu adopts the attitude that he has no duty to disclose the details of these sources to the Tribunal.
“It is an utter lack of bona fides on Mr Ndlovu’s part to selectively rely on financial assistance from these sources and refuse to disclose to the Tribunal, the details of these sources.
“In light of allegations regarding Mr Ndlovu’s propensity to use associated third-party companies to conceal the source and flow of money derived from tenders allegedly irregularly awarded, his failure to disclose the third party sources is disconcerting. The inference the opposing respondents draw, that funds sourced from third party sources is such funds, is not be far-fetched.”
Ndlovu had argued that he did not have adequate financial resources to pay legal fees.
His application was dismissed with costs, including those of two counsels.
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