MIDRAND, SOUTH AFRICA – JUNE 29: The Gauteng MEC of Health Dr Bandile Edgar Wallace Masuku at the signing of Memorandum of Understanding that will unlock a multi-million-rand investment and see over 700 beds being added to identified hospitals on June 29, 2020 in Midrand, South Africa. This is part of a strategic public private partnership between the Gauteng Provincial Government and the private sector to partner in long term initiatives that are aimed at transforming the health care system beyond the current efforts to combat COVID-19 pandemic. (Photo by Gallo Images/Frennie Shivambu)
High court dismisses Masuku’s application to challenge SIU report
Former Gauteng Health MEC Bandile Masuku, on Monday, failed in his bid to challenge the SIU report into PPE irregularities.
MIDRAND, SOUTH AFRICA – JUNE 29: The Gauteng MEC of Health Dr Bandile Edgar Wallace Masuku at the signing of Memorandum of Understanding that will unlock a multi-million-rand investment and see over 700 beds being added to identified hospitals on June 29, 2020 in Midrand, South Africa. This is part of a strategic public private partnership between the Gauteng Provincial Government and the private sector to partner in long term initiatives that are aimed at transforming the health care system beyond the current efforts to combat COVID-19 pandemic. (Photo by Gallo Images/Frennie Shivambu)
The High Court, Gauteng division has dismissed former Health MEC Bandile Masuku’s application to challenge the Special Investigating Unit’s (SIU) report into personal protective equipment (PPE) irregularities.
The SIU’s PPE investigation in the Gauteng Department of Health found a number of irregularities in the appointment of service providers for the delivery and supply of PPE and the failure by Masuku to exercise appropriate oversight and failure to act against the irregularities when he was made aware.
SIU WELCOMES COURT DISMISSAL
Following the SIU’s findings against Masuku, he charged that the unit was irrational in formulating a dereliction of duty opinion. However, the High Court disagreed with him and found that it was not irrational in forming its opinion.
“The court also found that Dr. Masuku should have been properly alert and taken direct action himself and his failure to act allowed malfeasance in the Department of Health to continue,” said SIU spokesperson Kaizer Kganyago.
“The SIU welcomes the full bench of the High Court dismissal of Dr Masuku’s application. The court ruling affirms that the SIU is discharging its mandate of investigating allegations of corruption and maladministration in the affairs of State institutions in a manner that fair and just, and its long-standing statement that investigations conducted by the corruption busting Unit are evidence-based and not influenced by any other measure,” he added.
“This judgment settles the question relating to the role of Executive Authorities including Accounting Officers, Accounting Authorities in their responsibilities and accountability relating to the State Institutions they are accountable for,” said SIU Advocate Andy Mothibi.
MASUKU WAS DETERMINED TO HAVE SIU REPORT THROWN OUT
On Friday 23 October 2020, Masuku filed legal papers in the High Court of South Africa to have the SIU’s findings against him deemed unlawful, unconstitutional and invalid.
At the time, Masuku’s lawyers said that he has endured an onslaught of unfounded allegations that have been used to “tarnish” his professional integrity and image.
“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.
