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Former Gauteng Health MEC Bandile Masuku Slams SIU Report As ‘Unlawful’

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CHARLES MOLELE

FORMER Gauteng health MEC Bandile Masuku has slammed a Special Investigating Unit report into Covid-19 tender corruption that precipitated his removal from office, saying in a court application its findings were invalid, ‘unlawful’ and ‘unconstitutional’.

His lawyer Mojalefa Motalane has confirmed in a statement that the former Health MEC has lodged a court application in the Pretoria High Court challenging the SIU findings.

He wants the SIU report to be set aside.

“The application is undoubtedly of significant public and legal interest and raises important constitutional and public administration issues and accountability of public representatives: the powers and functions of the SIU, the effect of its findings and remedial action,” said Masuku’s lawyers in a statement.

“The SIU 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.”

Inside Politics earlier reported that the ANC in Gauteng has resolved that Masuku and suspended presidential spokesperson Khusela Diko should be taken to the disciplinary committee, and step aside from all organizational work and activities.

The Gauteng government removed him as Health MEC, after he went on special leave in July this year, following allegations of irregularities in the province’s PPE procurement processes.

The SIU findings confirmed Masuku erred in his role in awarding the tenders, and Gauteng Premier David Makhura “discharged” Masuku from his MEC duties.

“The finding of the SIU is that Health MEC, Dr. Bandile Masuku, has failed to execute his functions in compliance with the Constitution and the Public Finance Management Act (PFMA),” Makhura said.  

“With regard to the substantive public interest matter of whether the MEC was involved in any acts of corruption and or collusion regarding the procurement of PPE, the SIU reported that their investigation is still ongoing.”

Masuku, however, is determined to clear his name and plans to challenge the SIU findings in court.

His lawyers said the former Health MEC, as a disciplined member of the ANC, was ready once more to present himself before the disciplinary processes of the party.

“He respects the decision of the PEC,” said his lawyers.

“However, it must be noted that so far, our client has not been favoured with a charge sheet from the ANC and thus no further comment can be made in this regard.”

“Our client further notes that he has been suspended without formal charges put against him in line with Rule 25.57.4 which requires that a member be afforded the opportunity to comment on the charges before suspension.”

(COMPILED BY INSIDE POLITICS STAFF)

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