The Special Tribunal has granted the Special Investigating Unit (SIU) a preservation order that prevents a pension payment to Nangamso Tyibilika, a former senior official in the South African National Defence Force (SANDF).
The SIU made this revelation in a media statement on Wednesday.
The preservation order stops Tyibilika from receiving a pension benefit of about R1.5 million from the Government Pensions Administration Agency and the Government Employees Pension Fund.
The preservation order, which was issued on March 31, according to the SIU, is the result of the agency’s ongoing investigation into significant procurement irregularities that occurred within the Department of Defence during the Covid-19 pandemic.
“The SIU found that Ms Tyibilika, who was then serving as chief director of budget management and acting chairperson of the departmental commercial procurement board, allegedly played a central role in the irregular awarding of personal protective equipment [PPE] contracts to joint suppliers,” the SIU said.
“These awards contravened multiple legislative prescripts, including the National Treasury regulations.
“The SIU findings revealed alleged mismanagement of public funds, resulting in losses exceeding R28-million, fraudulent activities linked to tender awards and settlements, and unlawful financial flows benefitting individuals and entities.”
The SIU said that in addition to the preservation order, it has submitted a review application to the Special Tribunal in order to recover the money that the SANDF illegally paid and to void 10 contracts that were given to five suppliers.
Putting consequence management into practice
“In February 2021, the SIU referred a disciplinary case against Ms Tyibilika and other implicated officials. She was found guilty of misconduct and dismissed from her position.
“The investigation was authorised by Presidential Proclamation No. R23 of 2020. The SIU probe uncovered irregularities in the procurement of PPE valued at about R272.8-million.
“These included non-compliance with procurement regulations, misrepresentations, and collusion between suppliers and SANDF officials, pointing to systemic corruption.
“Evidence gathered shows that public funds were mismanaged, resulting in financial losses exceeding R28-million.”
The Special Tribunal’s ruling, according to the SIU, is a component of putting SIU investigation findings and consequence management into practice in order to recoup monetary losses incurred by state institutions as a result of corruption or carelessness.
“The SIU is empowered to institute a civil action in the high court or a special tribunal to correct any wrongdoing uncovered during investigations caused by corruption, fraud, or maladministration.
“In line with the Special Investigating Units and Special Tribunals Act 74 of 1996, the SIU refers any evidence pointing to criminal conduct it uncovers to the National Prosecuting Authority for further action,” said the SIU.
