The Special Tribunal has ordered Thabiso Hamilton Ndlovu, a Johannesburg businessman who scored lucrative tenders worth more than R170 million during Covid-19, be imprisoned for 30 days. The order comes after the Tribunal found Ndlovu in contempt of the Tribunal’s forfeiture order issued on 7 June 2022, following the review proceedings -related to the unlawful procurement of personal protective equipment (PPE)- initiated by the National Health Laboratory Service (NHLS) and the Special Investigating Unit (SIU).
Ndlovu and his associated companies have failed to surrender the following assets, as part of the forfeiture order:
- The Scania trucks
- The Mercedez Benz G63 AMG
- 2020 Cartier gentlemen’s wristwatch with black leather bracelet
- 2020 Rolex Oyster perpetual white Roman numerals gentleman’s wristwatch with gold and silver bracelet Model 126233
The imprisonment is suspended for 30 days to allow Ndlovu to comply with the Tribunal orders. Furthermore, a fine of R500,000 has also been imposed on Ndlovu, wholly suspended for one year
on the condition that he is not found guilty again of contempt of the Special Tribunal orders during the period of suspension.
Initially, Ndlovu cooperated, but his failure to fulfil his obligations demonstrated willful non-compliance and deception. Furthermore, Ndlovu’s entities Akanni Trading and Projects (Pty) Ltd and Zaisan Kaihatsu (Pty) Ltd applied to overturn the forfeiture order, and the application was dismissed with costs due to lack of valid defence and failure to prove that their defaults were not willful.
This ruling follows a series of civil litigation initiated by the SIU and the NHLS to recover assets acquired from the unlawful procurement of PPE during the COVID-19 pandemic.
In line with the Special Investigating Units and Special Tribunals Act 74 of 1996 (SIU Act), the SIU refer any evidence of criminal conduct uncovered during its investigation to the National Prosecuting Authority (NPA) for further action. The SIU is also authorised under the SIU Act to initiate a civil action in the High Court or a Special Tribunal in its name to address any wrongdoing identified during its investigation resulting from acts of corruption, fraud, or maladministration.
Enquiries:
Kaizer Kganyago
Spokesperson: Special Investigating Unit
082 306 8888
KKganyago@siu.org.za