The Special Tribunal has rejected an attempt by former ANC spokesperson Puleng “Pule” Mabe to halt civil recovery proceedings linked to an allegedly irregular R27.6 million Gauteng waste vehicle tender. The decision clears the way for the Special Investigating Unit (SIU) to continue pursuing the case against Mabe and Enviro Mobi (Pty) Ltd. Mabe was also ordered to pay the legal costs of his unsuccessful application.
The SIU said the Tribunal found that Mabe’s bid to stay the proceedings lacked merit and was aimed at delaying accountability. Mabe had sought to halt the SIU’s civil recovery proceedings pending the outcome of a High Court review application and criminal proceedings against him. The SIU spokesperson, Selby Makgotho, stated that Mabe challenged the legality of an investigation conducted before the proclamation formally authorising the SIU probe.
Mabe argued that the SIU’s pre-Proclamation investigation was unlawful because it formed the basis for the presidential proclamation. He further argued that the subsequent investigation was tainted and that evidence obtained through it should not be admissible in the SIU’s civil proceedings. According to the SIU, Mabe also challenged the constitutionality of its forensic report and findings and sought to have the civil recovery case put on hold until his criminal trial had been concluded.
The Tribunal rejected these arguments, finding that the SIU’s pre-proclamation work was lawful and preliminary rather than a full investigation conducted under the Special Investigating Units and Special Tribunals Act. It also found that the presidential proclamation authorising the investigation had been validly issued. The Tribunal further found that the High Court review application relied upon by Mabe had poor prospects of success and did not justify delaying the Tribunal proceedings.
The dispute stems from the SIU’s investigation into the procurement of 200 three-wheel motorised waste collection vehicles under a Gauteng Department of Agriculture, Rural Development and Environment tender. Enviro Mobi was awarded the contract for R27.6 million. The City of Ekurhuleni subsequently procured another 70 vehicles for R9 million under the same contract.
The SIU alleges that the tender process was irregular and was orchestrated to channel public money to Mabe through Enviro Mobi. The unit's investigation found serious irregularities in the procurement process and alleged that more than 90% of the money paid to Enviro Mobi was transferred into accounts controlled by Mabe. These funds were allegedly used for personal benefit and for entities and individuals linked to him.
The SIU will continue to pursue civil litigation to recover monies unlawfully paid, cooperate with the National Prosecuting Authority in parallel criminal proceedings, and protect public funds by ensuring accountability in cases of corruption and maladministration. The investigation was authorised under Presidential Proclamation R15 of 2021 and concerns the procurement of 200 vehicles, valued at R27,599,250, for a waste-management project.
Key points
- The Special Tribunal has dismissed Pule Mabe's bid to halt the SIU's civil recovery case linked to an allegedly irregular R27.6 million Gauteng waste vehicle tender.
- The SIU's investigation found serious irregularities in the procurement process and alleged that more than 90% of the money paid to Enviro Mobi was transferred into accounts controlled by Mabe.
- The SIU will continue to pursue civil litigation to recover monies unlawfully paid and cooperate with the National Prosecuting Authority in parallel criminal proceedings.
