The Constitutional Court has dismissed an application for direct access submitted by Mphaphuli Consulting, relating to a review of an investigation report concerning the electrification of villages in Limpopo’s Greater Tubatse Municipality.
The electrification initiative, known as Operation Mabone, was under investigation by the Special Investigating Unit (SIU), which examined allegations that Mphaphuli Consulting, owned by Lufuno Mphaphuli, overcharged the Greater Tubatse Local Municipality (now Fetakgomo Tubatse Municipality) by approximately R76 million during a 2013 project.
“In refusing the application, the Constitutional Court concluded that the matter had already been decided, and the relief sought was essentially identical to what was previously requested. The Court also determined that Mphaphuli Consulting did not establish a sufficient case for direct access on the remaining issues. This judgment permanently prevents Mphaphuli Consulting from relitigating these matters against the same parties in any South African court,” stated the SIU.
In June of the previous year, the Constitutional Court also rejected Mphaphuli Consulting’s appeal against a High Court decision not to review and set aside the SIU’s report on Operation Mabone.
Following its investigation, the SIU had initiated a civil claim in the Limpopo High Court in 2017 to recover financial losses the municipality suffered as a result of the findings. Mphaphuli Consulting countered by attempting to have the SIU report overturned and sought to compel the SIU to cease all actions arising from the investigation.
However, in March 2022, the Limpopo High Court dismissed Mphaphuli Consulting’s application with costs, a decision upheld by the Supreme Court of Appeal in August 2023. The SIU has stated it will now seek to recover legal fees owed by Mphaphuli Consulting related to these court proceedings and other legal actions.
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