Hamilton Ndlovu's bid for stay of SIU, NHLS review is dismissed with costs

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Hamilton Ndlovu. (Screen grab. YouTube)
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An application which businessman Hamilton Ndlovu and others lodged for the stay of a Special Investigating Unit (SIU) and National Health Laboratory Service (NHLS) review against them has been dismissed with costs.

This comes after Ndlovu, Thabiso Ndlovu, Ndlovu Hamilton Holdings (Pty) Ltd, Hamilton Projects CC and Feliham (Pty) Ltd approached the Special Tribunal.

READ | Covid-19 corruption: SIU swoops on 'Mr Hamilton Ndlovu', officials over 'serious acts of criminality'

"So [in essence], we have cleared the path for the review application to continue without any hindrances in March 2022," spokesperson for the Special Tribunal, advocate Selby Makgotho, told News24 on Tuesday.

According to papers in the review application, which was instituted on 6 October 2021, the SIU and NHLS want to "review and set aside the contracts the NHLS awarded to the applicant entities and other allegedly associated entities [and] they also seek consequential relief".

But Ndlovu and the other applicants wanted the review stayed, pending the determination an application they intend to institute in the Gauteng High Court in Pretoria for the variation of a final preservation order the South African Revenue Service obtained against them on 1 March 2021.

The SIU and the NHLS opposed the stay application.

In the Special Tribunal's judgment on Tuesday, Judge LT Modiba found, among other things, that the applicants' claim that the refusal of the stay would violate their constitutional right to access to the courts was "unsustainable".

In addition, the applicants failed to establish that it was in the interests of justice for the review to be stayed, the tribunal found.

More to follow.

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