Former ANC spokesperson Pule Mabe has lost his bid to stop civil recovery proceedings brought against him by the Special Investigating Unit (SIU) over alleged irregularities in a R27.6 million waste management tender.

The Special Tribunal dismissed Mabe’s application to stay the proceedings against him and Enviro Mobi (Pty) Ltd, ordering him to pay the legal costs of the application.

The SIU welcomed the judgment on Friday, saying the tribunal had rejected Mabe’s arguments that the investigation and the civil recovery proceedings should be halted pending the outcome of separate High Court review and criminal proceedings.

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 further argued that the proclaimed investigation was tainted, that evidence obtained during the earlier investigation could not be used in the civil proceedings and that the SIU’s forensic report and findings were unconstitutional.

Mabe also sought to have the civil recovery proceedings suspended until the conclusion of his criminal trial in the High Court.

However, the Special Tribunal found that the SIU’s pre-proclamation investigation was lawful and preliminary in nature and did not constitute a full investigation under the SIU Act.

The tribunal further found that the presidential proclamation authorising the SIU investigation was validly issued.

It also rejected the argument that the existence of criminal proceedings prevented the SIU from pursuing civil recovery action.

The tribunal found that civil and criminal proceedings serve different purposes and can proceed at the same time.

The SIU said the tribunal concluded that Mabe’s application was an attempt to obstruct justice and was properly dismissed.

The investigation stems from a tender awarded to Enviro Mobi for the supply of 200 three-wheel motorised waste collection vehicles under Tender GT/GDARD/030/2017.

The contract, worth R27,599,250, was approved by senior officials in the Gauteng Department of Agriculture, Rural Development and Environment.

The City of Ekurhuleni subsequently procured an additional 70 vehicles at a cost of R9 million under the same contract.

According to the SIU, its investigation uncovered irregularities in the procurement process, including alleged non-compliance with procurement regulations, misrepresentation and failure to deliver contracted services.

The unit said more than 90% of the money paid to Enviro Mobi was transferred into accounts controlled by Mabe.

The SIU alleges that the funds were used for personal benefit and for entities and individuals linked to him.

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

In November 2024, the Special Tribunal granted a preservation order obtained by the SIU, freezing Mabe’s immovable property in Steyn City, Gauteng, as well as a Porsche 911 Carrera GTS.

The order followed an investigation which the SIU said uncovered losses exceeding R25 million, alleged fraudulent tender awards and financial flows benefiting Mabe and associated entities.

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

SIU spokesperson Selby Makgotho said the unit would continue pursuing the recovery of public funds.

“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.

The criminal proceedings followed the SIU’s referral of evidence pointing to alleged criminal conduct to the National Prosecuting Authority for further action.

The SIU is empowered under the Special Investigating Units and Special Tribunals Act 74 of 1996 to institute civil proceedings in the Special Tribunal or High Court to address wrongdoing uncovered during its investigations.

The civil recovery case will now continue following the dismissal of Mabe’s application.