Pule Mabe loses bid to halt SIU recovery over R27 million tender probe
· Citizen
Former ANC spokesperson Pule Mabe has lost his attempt to halt Special Investigating Unit (SIU) recovery proceedings regarding an irregular R27 million tuk-tuk waste tender, with the Special Tribunal ruling that his application lacked merit and delayed accountability.
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The Special Tribunal dismissed the ex-ANC MP’s application to stay proceedings against him and Enviro Mobi (Pty) Ltd and ordered him to pay the legal costs of the application. It found that Mabe’s application lacked merit and was aimed at delaying accountability.
Special Tribunal dismissed Mabe’s application to stay proceedings
A stay application is a legal request to temporarily halt or suspend proceedings.
Mabe attempted to stop the SIU’s civil recovery action until criminal proceedings and a high court review were completed regarding an irregular waste tender.
Picture: Supplied.This comes after the Tribunal obtained a preservation order in November 2024 to freeze immovable property in Steyn City, Gauteng, and a Porsche 911 Carrera GTS.
SIU’s investigation found serious irregularities in a tender where Enviro Mobi was awarded a R27.6 million contract for 200 three-wheel motorised waste collection vehicles by senior officials of the Gauteng department of agriculture, rural development and environment.
The City of Ekurhuleni later procured an additional 70 vehicles for R9 million under the same contract.
90% of funds transferred to accounts controlled by Mabe
The investigation found that over 90% of the funds paid to Enviro Mobi were transferred into accounts controlled by Mabe and allegedly used for his personal benefit and for entities and individuals linked to him, including his wife, Mmatlhekelo Elsie Mabe, and his business associate, Tinyiko Mahuntsi.
Picture: Supplied.SIU concluded that the tender process was irregular and orchestrated to channel public funds to Mabe through Enviro Mobi.
The Mabes, Mahuntsi, four former Gauteng department of agriculture officials, Enviro Mobi and Kariki Media are facing charges for fraud, theft, contraventions of the Public Finance Management Act and the Prevention of Organised Crime Act over the 2017 contract. All are out on bail.
The former spokesperson argued in his stay application that the SIU’s pre-proclamation investigation was unlawful because it formed the basis for the presidential proclamation; the proclaimed investigation was tainted, and the evidence from it couldn’t be admissible in the civil proceedings launched by the SIU.
He also sought to have the SIU’s civil recovery action paused until his criminal trial in the high court concludes.
Application lacked merit and aimed at delaying accountability – Tribunal found
Picture: Supplied.The Special Tribunal found the SIU’s pre-Proclamation investigation was lawful and only preliminary, not a full investigation under the SIU Act and that the presidential proclamation authorising the investigation was validly issued.
It also ruled that Mabe’s high court review has poor prospects of success and didn’t 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,” SIU spokesperson Selby Makgotho said.
“The Tribunal concluded that Mr Mabe’s application was an attempt to obstruct justice and was properly dismissed.”
The Special Tribunal also said the criminal proceedings are a result of the SIU referring evidence pointing to criminal conduct to the National Prosecuting Authority (NPA).
Picture: Supplied.Property in Steyn City and Porsche frozen
Makgotho said the judgment builds on the SIU’s previous success in securing a preservation order against (formerly Enviro Mobi).
“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,” he added.
According to the SIU, it uncovered significant irregularities in the procurement of the 200 tuk-tuks 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,” Makgotho said.
Picture: Supplied.“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.”