Tribunal rejects Pule Mabe’s bid to halt SIU recovery case

The Tribunal has dismissed Mabe’s application to stay proceedings against him and Enviro Mobi and ordered him to pay the legal costs of the application.

Mabe had sought to temporarily halt the SIU’s civil recovery action until the conclusion of a High Court review and criminal proceedings against him.

SIU spokesperson Selby Makgotho said in a statement that the Tribunal found the application lacked merit and was intended to delay accountability.

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

The SIU had launched civil recovery proceedings following an 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, valued at R27.6 million, with the SIU alleging that the procurement process was irregular.

The City of Ekurhuleni later procured an additional 70 vehicles for R9 million under the same contract.

According to the SIU, more than 90% of the funds paid to Enviro Mobi were transferred into accounts controlled by Mabe.

The unit alleges that the money was used for personal benefit and for entities and individuals linked to him.

“The SIU investigation uncovered serious irregularities in the procurement of 200 three-wheel motorised waste collection vehicles under Tender GT/GDARD/030/2017,” Makgotho said.

“The investigation concluded that the tender process was irregular and orchestrated to channel public funds to Mr Mabe through Enviro Mobi,” he said.

Tribunal rejects challenge to SIU investigation

Mabe had argued that the SIU’s pre-proclamation investigation was unlawful because it formed the basis for the Presidential Proclamation authorising the investigation.

He also argued that the proclaimed investigation was tainted and that evidence obtained from it could not be used in the SIU’s civil proceedings.

The Tribunal rejected those arguments, finding that the pre-proclamation investigation was lawful, preliminary in nature and not a full investigation under the SIU Act.

It also found that the Presidential Proclamation authorising the SIU investigation was validly issued.

The Tribunal further found that Mabe’s High Court review application did not justify delaying the proceedings, saying it had poor prospects of success.

Mabe had also sought to have the SIU’s civil recovery proceedings suspended until the conclusion of his criminal case in the High Court.

The Tribunal ruled that the existence of parallel criminal proceedings does not prevent civil recovery action.

The SIU added that the two processes serve different purposes and can proceed simultaneously.

Makgotho said the criminal proceedings stem from evidence uncovered during the SIU investigation and that the case has been referred to by the National Prosecuting Authority.

The latest judgment follows an earlier preservation order obtained by the SIU in November 2024.

The order froze assets linked to Mabe, including an immovable property in Steyn City, Gauteng, and a Porsche 911 Carrera GTS.

The SIU said its investigation uncovered losses exceeding R25 million, alleged irregular tender awards, and financial flows benefiting Mabe and associated entities.

The preservation order prevents the assets from being sold, leased or transferred while the civil recovery proceedings continue.

The SIU said its investigation, initiated under Presidential Proclamation No. R15 of 2021 also uncovered alleged 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,” Makgotho said.