Tribunal rejects Pule Mabe bid to halt SIU case over R27.6 million waste vehicle tender - IOL

Former ANC spokesperson Pule Mabe has failed in his attempt to suspend SIU civil recovery proceedings linked to a R27.6 million waste vehicle tender.

The Special Tribunal has dismissed 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, clearing the way for the Special Investigating Unit (SIU) to continue pursuing the case against him 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 asked the Tribunal to suspend the SIU’s civil recovery proceedings pending the outcome of a High Court review application and criminal proceedings against him.

SIU spokesperson Selby Makgotho said Mabe challenged the legality of an investigation conducted before the proclamation formally authorising the SIU probe.

“In his stay application, Mabe argues that the SIU’s pre-Proclamation investigation was unlawful because it formed the basis for the presidential proclamation,” Makgotho said.

Mabe 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, he 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 the 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 Mr Mabe had poor prospects of success and did not justify delaying the Tribunal proceedings,” Makgotho said.

The Tribunal also ruled that the existence of criminal proceedings did not prevent the SIU from pursuing civil recovery because criminal and civil proceedings serve different purposes and can run concurrently.

“The Tribunal concluded that Mr Mabe’s application was an attempt to obstruct justice and was properly dismissed,” Makgotho said.

The criminal proceedings followed the SIU’s referral of evidence it believed pointed to criminal conduct to the National Prosecuting Authority.

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.

According to the SIU, its 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,” Makgotho said.

The SIU alleges that the tender process was irregular and was orchestrated to channel public money to Mabe through Enviro Mobi.

The ruling follows an earlier preservation order secured by the SIU in November 2024 against assets linked to Mabe and Groen Mintirho, formerly known as Enviro Mobi.

The order froze an immovable property in Steyn City, Gauteng, and a Porsche 911 Carrera GTS.

According to the SIU, the preservation order prevents Mabe from selling, leasing or transferring the assets while civil recovery proceedings continue.

The unit said its investigation identified losses exceeding R25 million and alleged fraudulent tender awards and unlawful financial flows.

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.

The SIU alleges that its investigation uncovered procurement non-compliance, misrepresentation and failures relating to 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,” Makgotho said.