Gauteng SOPA

PPE Corruption: Ex-Gauteng CFO fails to have David Makhura held liable

Kabelo Lehloenya wanted Premier David Makhura to contribute to any amount she is found liable for in the SIU’s PPE graft probe

Gauteng SOPA

In a blow for the Gauteng Health Department’s former chief financial officer (CFO) Kabelo Lehloenya, the Special Tribunal has dismissed her bid to have Premier David Makhura also held liable in his personal capacity for the losses incurred in the personal protective equipment (PPE) corruption saga.

Lehloenya, revealed in an affidavit that she would often be instructed to award PPE contracts to certain people, and implicated Makhura and former Gauteng Health MEC Dr Bandile Masuku’s offices. In December, the tribunal found there were merits to her claims.


Judge Lebogang Modiba delivered the judgement on Kabelo Lehloenya’s third party claims against David Makhura, both in his personal and official capacity – and the Gauteng Provincial Government. Lehloenya also lost her bid to have the health department’s chief operating officer, Arnold Malotana, chief director, Thandiwe Lorraine Pino, and head of department, Mkhululi Lukhele held liable.

“Ms Lehloenya has failed to establish a proper legal basis for the joinder of Premier Makhura in his official and personal capacity, the GPG, Professor Lukhele, Mr Malotana and Ms Pino under the third party notice either as joint, alternatively concurrent wrongdoers. She has also failed to establish a proper legal basis against the GPG and Premier Makhura as its executive head in terms of vicarious liability or unjustified enrichment or restitution,” Modiba said.

While this may be good news for Makhura, Lehloenya is not going down without a fight as she has threatened to sue the premier if she loses her pension as the SIU recovers money lost due to PPE corruption.

In her judgement, Modiba also said officials who exercise authority over organs of state and state functionaries had the responsibility of fulfilling their constitutional and statutory obligations, failure of which they must be held accountable.

“If they fail to do so, they may be held accountable for their constitutional and statutory breaches, even in their personal capacities. In fact, it is in the public interest that they are held accountable. There are various means in terms of the Constitution and statute to hold them accountable. These include the judicial system. An attempt to hold them accountable through the judicial system will only succeed if the proper procedure is followed and there is a legal basis for their liability,”

Judge Lebogang Modiba