Former Eskom senior manager for Coal Operations, Petrus Mazibuko, has lost his leave to appeal application to have a R11.5m forfeiture order against him set aside by the Special Tribunal.
This after it was found that Mazibuko unlawfully benefitted from an Eskom coal transporting contract awarded to a company linked to his company and that of his brother.
The Special Investigating Unit (SIU) was subsequently granted an order to seize at least R11.5m held in accounts belonging to the two.
According to Tribunal spokesperson, Advocate Selby Makgotho, Mazibuko, his brother Shadrack and their companies sought to appeal the forfeiture order on several grounds at a higher court.
“Mazibuko, his brother Shadrack, and Thephunokheja Projects (Pty) Ltd ... contend that in granting the final relief, the Special Tribunal erred in its assessment of the facts and application of the law.
“They alleged that the Special Tribunal exercised its discretion on incorrect facts,” Makgotho said.
According to Makgotho, the tribunal dismissed the application with costs as their case had “no merit”.
“Judge Thina Siwendu found that there were no prospects of success and that there were no compelling reasons why the matter must be heard by a Full Court as Mazibuko had prayed for. Judge Siwendu found no merit in the complaint and that the orders were competent in the context of civil forfeiture orders before the Special Tribunal,” he said.