A Special Investigating Unit (SIU) probe into National Lottery Commission (NLC) funding for a dodgy circumcision project is back on track, after Pretoria doctor John Marite failed to get leave to appeal an earlier order dismissing his attempt to interdict the SIU.
The SIU alleges that millions received by Marite to implement the circumcision project ended up in an entity with links to former NLC chief operating officer (COO) Phillemon Letwaba, reports GroundUp.
Marite, who heads up Right Play Health Services, also failed in 2023 to get an interdict against the SIU when he claimed “harassment and intimidation”.
Gauteng High Court (Pretoria) Acting Judge Hein Snyman ruled that the SIU was acting within its powers to question Marite.
The SIU wanted to establish why he received R7m from a R20m NLC grant paid to Zibsimode, a non-profit company. And how R2m of that money was paid over to Iron Bridge Travel and Events, an entity owned by Letwaba’s wife, and a further R2m paid to Ndzhuku Trading, owned by Malwandla Solly Siweya, who apparently introduced Marite to the “deal”.
Snyman dismissed the interdict application, with punitive costs in September 2023. This month he dismissed an application by Marite for leave to appeal to a full Bench.
He said there were no prospects of success on appeal and the powers of the SIU had already been confirmed in other court judgments.
Marite’s version
Marite, in his application for the interdict, said he had been approached by Siweya, who wanted a referral for someone who could provide circumcision medical services. Marite, as a medical practitioner, through Right Play Health Services, confirmed he could assist.
He was then introduced to Zibsimode and submitted a proposal, which had been accepted. Marite claimed he only became aware of the Lottery funding proposal when he was contacted “out of the blue” and asked for an invoice so he could proceed with providing the service.
He was told Zibsimode had acquired funding from the NLC.
In his ruling on the interdict application, the judge said: “Zibsimode apparently specifically instructed Dr Marite to make use of two other companies as subcontractors, namely Ironbridge and Ndzhuku Trading. It appears neither rendered any services, notwithstanding allegedly being paid by Right Play after it received payment from Zibisimode.”
In a statement released on 28 February, the SIU said Zibsimode had links to former NLC board chairperson Alfred Nevhutanda. Zibsimode had received grant funding of about R20.2m from the NLC for the roll-out of a traditional circumcision campaign and had contracted Right Play Health to provide the service.
Marite had invoiced Zibsimode, and R7.2m was paid into the bank account of Right Play Health Services.
Two days later, Right Play deposited just more than R2m to Ironbridge, owned by relatives of Letwaba, “without a sign of any work being done”.
Right Play then transferred another R2m to Ndzhuku Trading, owned by Siweya.
Ndzhuku also received three payments from Zibsimode, totalling R4.1m.
The SIU said the initial ruling, and now the refusal of leave to appeal, paved the way for it to finalise its investigations into the matter and to refer any evidence pointing to criminal conduct to the National Prosecuting Authority for further action.
judgment dr_marite_v_min_of_justice_and_3_others_-_judgment_leave_to_appeal_2024-02-13
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As deaths mount, a call for medical circumcision to replace the traditional