SIU WELCOMES DISMISSAL OF PULE MABE’S ATTEMPT TO SUSPEND SIU INVESTIGATION AND PRESERVATION ORDER
The Special Investigating Unit (SIU) welcomes the judgment delivered by the Special Tribunal, which dismissed Puleng Peter Mabe’s application to stay proceedings against him and Enviro Mobi (Pty) Ltd, and has ordered him to pay the legal costs of the application.
The Tribunal found that his application lacked merit and was aimed at delaying accountability.
A stay application is a legal request to temporarily halt or suspend proceedings. Mabe sought to stop the SIU’s civil recovery action until the conclusion of a High Court review and criminal proceedings.
In November 2024, the Tribunal obtained a preservation order to freeze Mabe’s immovable property in Steyn City, Gauteng, and a Porsche 911 Carrera GTS.
In his stay application, Mabe argues that the SIU’s pre Proclamation investigation was unlawful because it formed the basis for the presidential proclamation; the proclaimed investigation was tainted,
and evidence from it could not be admissible for the civil proceedings launched by the SIU.
Mabe further stated that the SIU forensic report and findings were unconstitutional.
Furthermore, Mabe sought to have the SIU’s civil recovery action paused until the conclusion of his criminal trial in the High Court.
In its ruling, the Tribunal confirmed that the SIU’s pre Proclamation investigation was lawful and preliminary in nature, not a full investigation under the SIU Act.
It held that the Presidential Proclamation authorising the SIU’s investigation was validly issued and could not be impugned.
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.
It also ruled that the existence of parallel criminal proceedings does not prevent civil recovery action, as civil and criminal matters serve distinct purposes and may proceed concurrently.
The Tribunal concluded that Mabe’s application was an attempt to obstruct justice and was properly dismissed.
The criminal proceedings are as a result of the SIU referring evidence pointing to criminal conduct to the National Prosecuting Authority (NPA) for further action.
The SIU investigation uncovered serious irregularities in the procurement of 200 three wheel motorised waste collection vehicles under Tender GT/GDARD/030/2017.
Enviro Mobi was awarded the contract at a value of R27.6 million, approved by senior officials of the Gauteng Department of Agriculture, Rural Development and Environment.
The City of Ekurhuleni later procured an additional 70 vehicles at R9 million under the same contract.
The SIU found that over 90% of funds paid to Enviro Mobi were transferred into accounts controlled by Mabe.
These funds were allegedly used for personal benefit and for entities and individuals linked to him.
The investigation concluded that the tender process was irregular and orchestrated to channel public funds to Mabe through Enviro Mobi.
This judgment builds on the SIU’s earlier success in securing a preservation order against Groen Mintirho (formerly Enviro Mobi).
That order froze assets linked to Mabe, including an immovable property in Steyn City, Gauteng, and a Porsche 911 Carrera GTS.
The preservation order was granted after SIU investigations revealed losses exceeding R25 million, fraudulent tender awards, and unlawful financial flows benefiting Mabe and associated entities.
It prevents Mabe from selling, leasing, or transferring these assets while civil recovery proceedings continue.
The SIU’s investigation, initiated under Presidential Proclamation No. R15 of 2021, uncovered significant irregularities in the procurement of 200 motorised three-wheeler vehicles valued at R27,599,250 for a waste management project.
Despite payments made to Enviro Mobi, evidence indicates non-compliance with procurement regulations, misrepresentation, and failure to deliver contracted services.
The SIU will continue to pursue civil litigation to recover monies unlawfully paid, cooperate with the NPA in parallel criminal proceedings, and protect public funds by ensuring accountability in cases of corruption and maladministration.
The SIU is empowered by the Special Investigating Units and Special Tribunals Act 74 of 1996 to institute civil action in the Special Tribunal or the High Court to correct any wrongdoing it uncovers in its investigation.
The SIU refers the evidence pointing to criminal conduct to the NPA for further action.
