The South African Revenue Service (SARS) says the auction of Hamilton Ndlovu’s cars, which were seized in 2021 will proceed but that it is a matter of sequence.

This follows a ruling by the High Court in Gauteng earlier this month that dismissed an application to stop the auction of luxury Bryanston house linked to the Johannesburg businessman.

The order comes after the Special Investigating Unit (SIU) and the National Health Laboratory Services (NHLS) accepted an offer of R7.1m for the Bryanston home as part of the implementation of investigation outcomes and consequence management to recover losses suffered by the state and NHLS. 

“Zaisan Khaihatsu (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,” said SIU spokesperson Kaizer Kganyago. 

The auction of the house follows a fleet of luxurious cars that was halted from being auctioned off in the eleventh hour in July. 

At the time, Park Village director Clive Lazarus said the curator bonis had postponed the sale subject to a creditor ratification and legal process with no date set for the postponement. 

The cars include a Porsche 911 Carrera from 2020, a Lamborghini Urus 4.0 V8 from 2019, a Porsche Panamera GTS from 2019, a Jeep Cherokee SRT from 2021, and a Porsche Cayenne S from 2020. 

SARS spokesperson Siphithi Sibeko said the process of deciding which assets were sold was taken between the institute and the auctioneers. 

“The auction will proceed and it’s a matter of sitting down with the auctioneers because they are the ones who are in charge of selling the items. We sit with them and discuss which item is sold next and then move from there,” said Sibeko. 

Meanwhile, the SIU has welcomed the ruling of the high court. Kganyago said the luxury house was auctioned on July 4, following a final forfeiture order that the Special Tribunal confirmed in January. 

He said in June 2022, the Special Tribunal ordered that 19 personal protective equipment (PPE) tenders amounting to R172m that were awarded by the NHLS to Ndlovu and associated companies be declared invalid and unlawful. 

Ndlovu gained fame by flaunting his of luxury vehicles, which included three Porsches, a Jeep, and a Lamborghini worth over R11m on a social media video. He detailed each car's specifications and whom he bought them for. However, he faced backlash on Twitter when it was revealed that he and his wife, both directors of front companies, were accused of improperly procuring PPE supplies for the NHLS despite lacking relevant experience.

The SIU's investigation into NHLS affairs found that companies linked to Ndlovu secured contracts worth R172m for PPE by exploiting emergency procurement procedures during the early stages of the Covid-19 pandemic. Bank statements revealed that only about R15m went towards PPE, while nearly 90% of the funds went to Ndlovu for personal use.

The SIU's investigation, authorised by President Cyril Ramaphosa, focuses on allegations of corruption, malpractice and irregularities in Covid-19-related procurement by state institutions.