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These seven ( 7 ) approaches ( 1 ) Hard Law / Criminal Law ( 2 ) Insurance ( 3 ) Soft Law / Self
These seven approaches Hard LawCriminal Law Insurance Soft LawSelfRegulation Professionalism and Certification Information and Disclosures Economic Incentives and Detrimrents Hybrid Regulation. Also, each approach needs to be supported with relevant examples on how the National Lottery Commission should use these approaches to utilise personality risk. Then looking at the case study below, which approach is being presented in the case study?
The Case Study is:
How Lottery money was used to fund mansions for high flyers
A luxurious mountainside mansion with sweeping views of Simons Town and False Bay, owned by a trust controlled by dodgy
Pretoria lawyer Lesley Ramulifho, was described as "fivestar" when it was put up for auction a few years ago.
In rural Rustenburg, in North West, a magnificent boutique hotel on a property owned by a company belonging to former National
Lotteries Commission NLC board member William Huma, lies in the picturesque foothills of the Kgaswane Nature Reserve
Mountains.
And in Midrand, Gauteng, a luxury guest house with conference facilities set in a large garden with "a country feel" is owned by
a company belonging to Kwaito star and music producer Arthur Mafokate.
The three properties, in different parts of South Africa, all have one thing in common: they were all bought using money from
Lottery grants allocated to nonprofit companies meant for good causes.
The properties were frozen after the National Prosecuting Authoritys Assets Forfeiture Unit AFU obtained a preservation order
in terms of the Prevention of Organised Crime Act, based on evidence gathered by the Special Investigating Unit
SIU The Act was promulgated in to combat organised crime, money laundering and criminal gang activities." Also
included in the preservation order are a luxury home in a gated estate in Pretoria owned by a trust controlled by former NLC
legal manager Tsietsi Maselwa, and a nearly hectare plot in Pretoria owned by former NLC board chairperson, businessman
and pastor, Alfred Nevhutanda, and his pastor wife, Tshilidzi. Both of these properties were also paid for with misappropriated
Lottery funds.
The SIU has been investigating corruption involving the NLC since President Cyril Ramaphosa signed a proclamation in October
In terms of the order, the owners are prohibited from "selling, disposing of leasing, transferring, donating, or dealing in any
manner whatsoever with respect to the immovable properties".
Investigations revealed how money had been misappropriated from five nonprofits that had received grant funding from the
NLC of approximately R million meant for community development projects, the SIU said in a statement.
These are the South African Art and Development Association SAADA the Matieni Community Centre, Dinosys, Zibsicraft,
and Taung Cultural Music and Arts Expo.
The AFU was granted the preservation order after an ex parte application to the Gauteng High Court on December last year,
which was only made public on January. In such an application, notice is not given to the other party but there is usually a
return date when the affected party can appear to argue against the order, and also present evidence.
With the new year barely begun, the latest preservation order is a clear sign that the noose is continuing to tighten on people
involved in the looting of the Lottery. This is the latest application in a series of courtordered preservation orders, like this one,
that has seen the freezing of luxury homes, properties, a farm and vehicles bought with Lottery funds.
A farm owned by Ramulifho and a luxury estate owned by a company of which former NLC board chairperson Alfred Nevhutanda
is the sole director was also frozen last year. And, the pension of former NLC chief operating officer Phillemon Letwaba has
also been frozen.
Democratic Alliance member of Parliament Mat Cuthbert, who has led the charge in Parliament in exposing Lottery corruption,
congratulated the SIU but said that "there needs to be a greater urgency" from the National Prosecuting Authority NPA in
charging and prosecuting members of the syndicate. It is not enough for the funds to be recovered these criminals must be
placed behind bars," he said in a statement.
The money to pay for the latest properties to be frozen was diverted from nonprofit organisations NPOs that had been funded
for a variety of projects.
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