Bandile Masuku files legal papers to have SIU findings set aside

Former Gauteng Health MEC Bandile Masuku has, on Friday 23 October 2020, filed legal papers in the High Court of South Africa to have the Special Investigating Unit’s (SIU) findings against him deemed unlawful, unconstitutional and invalid. 

Masuku’s intention is ultimately to have the SIU findings that were presented to Gauteng Premier David Makhura set aside. This comes after Makhura let him go based on SIU findings that claimed irregular PPE tenders were awarded under his watch. 

Masuku’s lawyers, in a statement, said that he has endured an onslaught of unfounded allegations that have been used to “tarnish” his professional integrity and image, thereby violating a wide range of his rights in law and denying him justice.

MASUKU’S LAWYERS CLAIM SIU FINDINGS ARE ‘UNTRUTHFUL AND UNSUBSTANTIATED’ 

Masuku’s lawyers said the SIU findings reach untruthful and unsubstantiated conclusions which are based on “illogical inferences, suppositions and conjecture”. 

“The lack of a factual and/or evidentiary foundation for the impugned findings heightens the injustice that our client has suffered and continues to suffer,” the statement read. 

It added, as a reminder to the public, that Masuku as part of his oversight responsibility, initiated the investigation into alleged PPE procurement irregularities in the Gauteng Department of Health on 17 April 2020. 

“The SIU was invited to investigate as a result of the forensic audit that was started by our client. Notwithstanding that there were incidents of alleged PPE procurement irregularities in other provinces, our client was the first MEC to conduct some form of investigation in the country,” it added. 

ANC PEC MEETING 

Following an African National Congress (ANC) PEC meeting, Masuku and the President’s spokesperson Khusela Diko who is also implicated in the PPE corruption saga were ordered to step aside from all organisational work pending the outcome of the process. 

“Our client has further learnt that there is a process underway to subject him to a disciplinary process within his party, the ANC. As a disciplined and loyal member of the ANC, he is ready once more to present himself before the disciplinary processes of his party. He respects the decision of the PEC,” the statement added. 

In the meantime, the PEC resolved that Masuku’s wife Loyiso could return to work as MMC in the City of Joburg after her involvement in the matter could not be substantiated.