By Lebone Rodah Mosima
Former ANC spokesperson Pule Mabe has failed in a bid to halt an SIU civil recovery case involving his Steyn City property and Porsche, which have already been frozen under a Special Tribunal preservation order.
The Special Tribunal dismissed Mabe’s application to stay the proceedings and ordered that the main SIU case against him and other respondents continue.
Mabe had sought to stop the civil case while a separate High Court challenge to the legality of aspects of the SIU investigation was decided. Alternatively, he wanted the proceedings halted until the conclusion of a criminal case against him in the Specialised Commercial Crimes Court.
Judge Billy Mothle Mashile dismissed the application on September 28 and ordered Mabe and Enviro Mobi, now trading as Groen Mintirho, to pay the costs.
The ruling means the SIU can continue with its civil case seeking to recover public money it alleges flowed to Mabe through a controversial Gauteng waste-vehicle tender.
A preservation order obtained in November 2024 froze Mabe’s immovable property in Steyn City, Gauteng, and a Porsche 911 Carrera GTS, preventing the assets from being sold, leased or transferred while the civil proceedings continue.
The SIU said the preservation order followed an investigation into alleged losses exceeding R25 million linked to the procurement of motorised three-wheel waste collection vehicles.
Mabe argued that an investigation conducted before President Cyril Ramaphosa issued the proclamation formally authorising the SIU probe was unlawful.
He maintained that because the earlier investigation formed the basis for the proclamation, the subsequent investigation was tainted and evidence flowing from it should not be admitted in the civil proceedings.
The legality of the proclamation, the SIU’s secondment agreement, the pre-proclamation investigation and the admissibility of evidence underpinning the main case are also being challenged in a separate High Court application.
The Tribunal rejected Mabe’s argument that those proceedings justified stopping the SIU case.
It found that the investigation conducted before the proclamation was preliminary fact-finding aimed at establishing whether there were sufficient grounds to seek presidential authority for a broader SIU investigation.
The Tribunal also found that the High Court case had poor prospects of affecting the SIU proceedings and had been brought after the Tribunal matter had already progressed substantially.
Mabe also argued that allowing the civil case to continue while criminal proceedings were under way could prejudice his right to a fair trial.
The Tribunal rejected that argument, finding that he had not demonstrated tangible prejudice arising from the two cases proceeding at the same time.
The judgment said the criminal and civil proceedings served different purposes and were governed by different standards of proof.
The criminal case followed an SIU referral to the National Prosecuting Authority after the unit’s investigation uncovered evidence it believed pointed to criminal conduct.
“Following an investigation by the First Respondent (‘SIU’), which yielded findings of irregularities in the procurement process, the matter was referred to the National Prosecuting Authority (‘NPA’) for consideration,” the judgment said.
“The referral has culminated in criminal charges being instituted against Mabe.”
The Tribunal said Mabe had argued that continuing the civil proceedings before completion of the criminal case would cause him material prejudice and undermine the fair and orderly administration of justice.
It disagreed, finding that the allegations concerned the expenditure of public money and the legality of public procurement and therefore carried a significant public interest requiring timely determination.
The judgment went further, finding that the timing of the High Court litigation and stay application amounted to an abuse of the Tribunal’s processes aimed at delaying the main case.
The SIU launched its main Tribunal application in July 2024. Pleadings closed in June 2025, before Enviro Mobi brought a counter-application in September and subsequently launched the High Court case in November. Mabe’s stay application followed within days.
The Tribunal found the sequence was consistent with a litigation strategy aimed at delaying finalisation of the civil case.
R27.6 million waste vehicle tender
The dispute stems from Tender GT/GDARD/030/2017 for the procurement of motorised three-wheel waste collection vehicles by the Gauteng Department of Agriculture, Rural Development and Environment.
Enviro Mobi was awarded a contract valued at about R27.6 million for the project.
The City of Ekurhuleni later used the provincial contract to procure another 70 vehicles for about R9 million.
According to the SIU, more than 90% of money paid to Enviro Mobi by the Gauteng department and Ekurhuleni was ultimately transferred into bank accounts controlled by Mabe.
The SIU alleges the money was then used for Mabe’s personal benefit, entities under his control and other individuals.
Mabe had previously been a director of Enviro Mobi, but resigned as a director in August 2014. The SIU alleges that despite his resignation he remained in control of the company’s principal bank account.
The unit concluded after its investigation that the tender process had been irregular and had been used to channel public money to Mabe through Enviro Mobi. Those allegations remain part of the civil proceedings and have not been finally determined by the Tribunal.
President Cyril Ramaphosa formally authorised the SIU investigation through Proclamation R15 of 2021.
The Special Tribunal is a statutory forum established under the Special Investigating Units and Special Tribunals Act to adjudicate civil cases arising from SIU investigations. It can grant orders including the preservation of assets and recovery of public money.
Criminal proceedings operate separately. Where the SIU uncovers evidence pointing to possible criminal conduct, it refers that evidence to the NPA, which decides whether to prosecute.
The Tribunal ordered that the SIU’s main civil application against Mabe and the other respondents proceed.
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