Johannesburg – Former Gauteng Health MEC Bandile Masuku’s court application to set aside his dismissal has not stopped the ANC from bringing disciplinary charges against him for his alleged role in the personal protective equipment (PPE) tender fraud scandal.
Masuku and President Cyril Ramaphosa’s spokesperson, Khusela Diko, are set to appear before the ANC disciplinary committee today, to answer allegations over their involvement in the PPE tender scandal.
Masuku and Diko were served with papers and are accused of having brought their party into disrepute. Masuku will face an additional charge of allegedly failing to conduct political oversight over the issuing of PPE contract while at the helm of the Gauteng Health Department.
Masuku has filed an urgent application in the North Gauteng High Court, asking the court to set aside the findings of the Special Investigating Unit.
The SIU found that he had failed to conduct executive oversight in the awarding of PPE contracts.
In court papers, Masuku’s lawyers said: “The SIU findings reach untruthful and unsubstantiated allegations which are based on illogical references, 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 findings of the SIU have the propensity to impair not only the political and professional work of our client, now and in the future but that of all other executive authorities.”
The case is due to be heard on January 21. The appearance of Masuku and Diko today comes a few days after the SIU made a major breakthrough at the Special Tribunal, which set aside the R139 million PPE contract awarded to Ledla Structural Development by the Gauteng Health Department for the delivery and supply of Covid-19 personal protective equipment.
It is alleged that the contract was initially awarded to Royal Bhaca, a company owned by Diko’s husband, Chief Thandisizwe Diko.
The tribunal further extended its interim order made on August 20 to interdict the Government Employees Pension Fund from paying out the pension benefits due to Kabelo Lehloenya, the former chief financial officer of the Gauteng Department of Health, until the finalisation of the proceedings that the SIU instituted against her in which it seeks to hold her and one other person liable for losses and damages allegedly suffered by the department.
Lehloenya was ordered to pay the SIU’s legal costs.