Hamilton Ndlovu to appeal Special Tribunal ruling ordering him to pay back R158m to government

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Hamilton Ndlovu
Hamilton Ndlovu
PHOTO: Screengrab/YouTube
  • Hamilton Ndlovu is appealing a court ruling that he should repay R158 million to the government.
  • Ndlovu and his companies got PPE tenders worth R172 million.
  • The tenders were from the National Health Laboratory Service.

Flamboyant businessman Hamilton Thabiso Ndlovu is appealing a recent scathing Special Tribunal ruling against him.

The Special Investigating Unit (SIU) probed the matter and brought it before the tribunal to recoup state funds.

Judge Lebogang Modiba recently ruled that Ndlovu must repay R158 850 921, including interest.

The tribunal ruled that all assets, including any properties and vehicles owned by Ndlovu and his companies, should be auctioned off or sold to recoup the money owed to the National Health Laboratory Service (NHLS).

Hamilton Ndlovu posing in front of exclusive baker
Hamilton Ndlovu disputes that he is liable to repay R158 million.
Twitter PHOTO: Twitter

Ndlovu and his companies scored contracts worth more than R172 million to provide personal protective equipment (PPE) to the NHLS at the height of the Covid-19 pandemic.

In his appeal papers, Ndlovu and his companies claim the tribunal misdirected its inquiry on the facts and thereby incorrectly assessed and determined the facts.

"[T]he honourable court misdirected its inquiry on the application of the law. The court incorrectly applied the law and applied the law (based) on incorrect facts. The honourable court exercised discretion upon the wrong facts," the papers read.

READ | Hamilton Ndlovu's house of cards comes crashing down as he's ordered to repay R158m

He claimed that the Special Tribunal had no authority to decide constitutional matters.

The papers continued:

Parliament has not conferred the Special Tribunal with authority to decide constitutional matters.

"The finding by the Special Tribunal did not have regard to the respondents' delay complaint, which was advanced on the basis that the decisions to procure the PPEs was taken under a particular climate," the papers continued.

"The emergency environment in the procurement of PPEs that prevailed at the time could not be properly probed by way of the proverbial armchair hindsight.

"[T]he Special Tribunal has no competence to decide constitutional matters as the Special Tribunal is not a Court established in terms of an Act of Parliament but by proclamation of the president."

'Narrow' basis

Ndlovu claimed that the SIU and NHLS said they could not verify the number of PPE items delivered.

He was disputing the contention that only an amount of R13 891 253.87 was spent to procure the equipment which was delivered to the NHLS.

Ndlovu claimed that the amount of R13.8 million was introduced by an evaluation of his companies' bank statements.

He said an assessment of the transactions was undertaken on the "narrow" basis of the references attached to particular transactions.

The Hawks

Ndlovu added that the Hawks had seized all documents and electronic equipment held by him on behalf of Hamilton Holdings and related companies.

He claimed that he had reached out to the investigating officer to request the documents, but could not get hold of the officer.

He said:

All efforts bore no fruit. The preparation of defence to the legal proceedings stalled as a result of the unavailability of the documents seized during the raid conducted by the Hawks.

Ndlovu gained popularity on social media when he flaunted several luxury vehicles bought in quick succession.

Soon after he caught the attention of the Hawks and the SIU.

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