The Special Tribunal has rejected a bid by ANC national executive committee member, Mabe, to delay a corruption probe into his dealings with public funds. Mabe, who stepped aside from his ANC position in October 2024 due to criminal charges, had approached the tribunal to temporarily stop the Special Investigating Unit's (SIU) application to review and set aside alleged illegal administrative conduct. The SIU investigation found that Mabe's company, Enviro Mobi, was awarded contracts by the Free State and Gauteng departments, with over 90% of funds paid to the company being transferred into bank accounts controlled by Mabe.
Mabe and Enviro Mobi are facing multiple charges, including fraud, theft, and money laundering, alongside Mabe's wife, business partner, and former Gauteng Department officials. The accused are out on bail, and a pretrial conference on the matter was held recently. Mabe argued that continuing with the SIU's application before concluding the criminal proceedings would generate material prejudice to him and undermine the fair administration of justice. However, the tribunal found that Mabe failed to establish that the hearing of the main SIU application would infringe his fair trial rights.
The SIU investigation uncovered irregularities in the advertising and awarding of the contract to Enviro Mobi, which beat nine other companies to secure the deal. The corruption-busting unit established that the tender process had been orchestrated to facilitate the flow of funds from the Gauteng Department to Mabe through Enviro Mobi. In March 2019, the SIU seconded investigators to the Gauteng premier's office to assist with the contract, valued at R27 599 250, awarded to Enviro Mobi.
The SIU compiled a forensic report recommending disciplinary action against implicated officials, civil proceedings to recover payments made to Enviro Mobi, and charges of fraud against the company. The report was used to obtain a presidential proclamation, granted by President Cyril Ramaphosa in April 2021, to conduct an in-depth investigation. Mabe contested the proclamation, arguing that the investigation was tainted as it was based on information generated through the pre-proclamation process.
Special Tribunal Judge Brian Mashile found that Mabe's contention could not be sustained, citing the provision that the investigation was preliminary and undertaken to determine whether sufficient grounds existed to justify an application to Ramaphosa. Judge Mashile also found that the matter concerned allegations involving the expenditure of public funds and the lawfulness of public procurement processes, issues that carried significant public interest and warranted timely judicial determination.
The judge dismissed Mabe and Enviro Mobi's application, stating that the sequence of events was highly persuasive of the SIU's contention that the proceedings were not commenced out of genuine necessity but rather as part of a litigation strategy designed to delay the hearing and final determination of the main SIU application. Earlier this year, the National Prosecuting Authority dismissed representations submitted by Mabe and his co-accused to have the charges against them dropped.
The case has been postponed to December 8 to continue the pre-trial conference. The NPA's Gauteng division spokesperson confirmed that the case would continue. Mabe's failed bid to delay the corruption probe clears the way for scrutiny over millions in public money.
Key points
- The Special Tribunal has rejected a bid by ANC member Mabe to delay a corruption probe into his dealings with public funds.
- The SIU investigation found irregularities in the advertising and awarding of a contract to Mabe's company, Enviro Mobi.
- The case has been postponed to December 8 to continue the pre-trial conference.
