The Constitutional Court has dismissed an application for direct access brought by Mphaphuli Consulting in a matter relating to the review of an investigation report in the electrification of Limpopo villages in the Greater Tubatse Municipality.
The electrification project, dubbed Operation Mabone, was investigated by the Special Investigating Unit (SIU).
The investigation probed allegations that the company – owned by Lufuno Mphaphuli – overcharged the Greater Tubatse Local Municipality (now known as Fetakgomo Tubatse Municipality) by approximately R76m during an electrification project in 2013.
“In refusing the application, the Constitutional Court … concluded that the matter had already been decided to the extent that the relief sought was substantially the same relief sought in the previous applications to the same Court.
“Furthermore, the Constitutional Court concluded that no case has been made for direct access on the remaining issues. This judgement permanently blocks Mphaphuli Consulting from litigating the same issues with the same parties at any South African court,” the SIU said in a statement.
In litigation
In June last year, the Constitutional Court dismissed Mphaphuli’s application to appeal a High Court order to have the unit’s report on Operation Mabone reviewed and set aside.
The SIU, based on the investigation, had approached the filed a civil claim in the Limpopo High Court in 2017 to recover the financial losses incurred by the municipality following the investigation’s findings.
“In response, Mphaphuli Consulting brought an application to review and set aside the SIU report and to seek an order compelling the SIU to stop all steps taken against the engineering company, which emanated from the SIU’s investigation.
“In March 2022, the Limpopo High Court dismissed the application with costs. In August 2023, the Supreme Court of Appeal dismissed the application with costs. The SIU will pursue the legal fees Mphaphuli Consulting owes for these court proceedings and other related legal processes,” the SIU said.
