The Special Tribunal
The Special Tribunal has recently made a decision regarding the pension payouts of two former Transnet executives.
Lerato Mary Theresa Makenete and Landela Hawkins Madubane, who were previously responsible for group business continuity and disaster management, and safety respectively, have been interdicted from receiving their pensions.
The Special Tribunal’s order comes as a result of the executives’ alleged involvement in fruitless and wasteful expenditure amounting to around R33.5 million at Transnet.
The application for the order was filed by the Special Investigating Unit (SIU) and Transnet, the state-owned freight rail and logistics company. Transnet had initially requested the SIU’s support to investigate the matter, and the subsequent investigation revealed that Makenete and Madubane allegedly colluded with three service providers to abuse Transnet’s emergency procurement process during the COVID-19 pandemic.
The emergency procurement involved the contracting of Ramoyadi Air Conditioning, Ndzalo2 Trading, and Eagles Ropes to deliver over a million disposable breathalyser straws. However, the investigation uncovered that Makenete and Madubane colluded with these suppliers to deceive Transnet by massively inflating the price of the straws, resulting in a total overpayment of R33,834,698.40.
In response to these findings, Transnet and the SIU have initiated legal proceedings against the former executives to recover the financial losses suffered by Transnet due to the fraudulent activities. They have also filed an application to review and set aside the contracts in question.
Furthermore, the SIU has made a disciplinary referral to Transnet against Makenete and Madubane. Although both executives failed to appear for the disciplinary hearings, the proceedings continued in their absence. Ultimately, they were found guilty and subsequently dismissed from Transnet.
In addition to the disciplinary action taken, the SIU has also referred any evidence of criminal conduct to the National Prosecuting Authority (NPA) for further investigation and possible legal action.
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