BUSINESSMAN Hamilton Ndlovu has lost his bid to appeal a ruling by the Special Tribunal ordering him to repay R158 850 921, including interest, from unlawful personal protective equipment (PPE) contracts.
The Tribunal made the ruling on Wednesday.
He and his companies – Feliham Pty (Ltd), Hamilton Protects CC, and Hamilton Holdings Pty (Ltd) – are listed as the applicants of the appeal.
Ndlovu scored lucrative contracts worth more than R172 million to provide PPE to the National Health Laboratory Service (NHLS) at the height of the Covid-19 pandemic.
In June, the Tribunal found the tenders awarded to Ndlovu were unlawful and invalid.
It ordered the respondents, Ndlovu and his businesses, to repay R158 850 921.1, including interest, “at the prescribed rate calculated from the date the NHLS made payment for the orders”.
It ordered that his assets or those of associates be auctioned off or sold to recover the money owed to the state.
The Tribunal also urged the NHLS to flag his companies on the database of restricted suppliers.
News24 reported in his appeal papers, Ndlovu argued the Tribunal erred in its ruling as it relied on incorrect facts, leading to an unjust judgment.
He also argued it had no authority to rule on constitutional matters.
“[T]he honourable court misdirected its inquiry on the application of the law. The court incorrectly applied the law and applied the law [based] on incorrect facts. The honourable court exercised discretion upon the wrong facts,” the papers read.
Image (Controversial Hamilton Ndlovu failed in a bid to appeal Special Tribunal’s decision).
