Thabiso Hamilton Ndlovu. Picture: Twitter
The Special Tribunal on Tuesday dismissed an application lodged by flashy businessman Thabiso Hamilton Ndlovu, to halt the review application instituted by the Special Investigating Unit (SIU) and the National Health Laboratory Services (NHLS) against him and others.
Ndlovu wanted to stay the proceedings at the Special Tribunal pending the outcome of an application he intends to bring to the Johannesburg High Court against the South African Revenue Services (Sars), after it was granted a final provisional order in March this year to freeze his bank accounts and seize some of his luxury cars.
Judge Lebogang Modiba dismissed the application with costs.
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Sars was granted the preservation order freezing the amount of R103 million, in terms of the Tax Administration Act. Ndlovu contends that the curator appointed to manage his affairs had made very little money available to enable him to fight the litigation process at the Special Tribunal brought by the SIU and the NHLS.
The SIU and the NHLS instituted the review application at the tribunal on 6 October 2021 against Ndlovu, Thabiso Ndlovu, Ndlovu Hamilton Holdings (Pty) Ltd, Hamilton Projects CC and Feliham (Pty) Ltd.
They are seeking an order from the Special Tribunal “declaring Mr Ndlovu and his associates jointly and severally liable to pay back an amount of R172,7 million, as well as, an order declaring several properties and assets held under his name preserved under the Special Tribunal order to be proceeds of unlawful activities and forfeited to the state.”
Ndlovu shot to fame in May last year when he posted a video on his Facebook page, boasting about buying five ultra-luxurious cars, worth an estimated R11 million, in a single day.
The fleet of vehicles included a Jeep Grand Cherokee, a Lamborghini Urus and three Porsches.
After posting the vehicles online, the SIU received tip-offs from members of the public who alleged that Ndlovu and his companies’ wealth was derived from contracts to supply personal protective equipment (PPE) to the NHLS during the Covid-19 state of disaster.
The Hawks searched properties linked to Ndlovu and the NHLS offices and subsequently seized several documents which were handed to the SIU.
The SIU, in court papers before the Special Tribunal, said it had obtained evidence that provided grounds for the review and setting aside of Ndlovu’s procurement transactions, as they were allegedly unlawful and fraudulently obtained.
Procurement transactions between the NHLS and eight companies were all linked to Ndlovu, in terms of which a total amount of R172 742 175 was paid to the companies.
Compiled by Thapelo Lekabe
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