By Marcus Moloko
The Special Tribunal has set aside multimillion-rand PPE contracts awarded by the Mpumalanga Department of Health during the COVID-19 pandemic, declaring them unlawful and ordering the repayment of profits.
The contracts, valued at R1,080,000 for 60,000 surgical masks and R13,297,500 for 150,000 protective medical jumpsuits, were awarded to Tark Group (Pty) Ltd, co-owned by Katleho O’Hara Mokonyane and Bonelela Mgudlwa.
The Tribunal found the contracts constitutionally invalid and held the co-owners personally liable for unlawful gains, directing the disgorgement of profits.
In a public statement, Mgudlwa rejected the findings and defended his wife, broadcaster Anele Mdoda, against speculation linking her to the matter.
“I categorically state that Anele has no connection whatsoever to the events under scrutiny,” Mgudlwa said. “The matters in question relate to my business activities in 2020, whereas my relationship with Anele only commenced in mid-2024 and culminated in our marriage in 2025. Any suggestion of her involvement is factually incorrect, malicious, reckless and unfair, and must be rejected outright.”
Mgudlwa explained that his company had participated in a Department of Health procurement process during the pandemic, supplying medical products through a SAHPRA-licensed depot management entity. He insisted that the goods met all specifications and were accepted without evidence of financial loss to the State.
“While I respect the judicial process, I fundamentally disagree with the findings of the Tribunal. I have instructed my legal representatives to proceed with an appeal and/or review before the High Court, where all relevant issues will be fully ventilated,” he added.
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The Special Investigating Unit (SIU) welcomed the Tribunal’s ruling, describing it as a critical step in recovering public funds lost during the national state of disaster.
“The SIU investigations revealed that Tark Group (Pty) Ltd, formerly Tuwo Rhodesia, benefited unlawfully from contracts worth over R14 million. The Tribunal also held the co-owners personally liable for unlawful gains. The Tribunal ordered the disgorgement of profits and declared the contracts void,” the SIU said.
The SIU highlighted systemic violations of procurement laws, including bypassing bid committees, deviations from transversal contracts, and the appointment of a supplier lacking accreditation and the requisite SAHPRA licence.
The Tribunal also found irregular conduct by Department of Health officials, including issuing premature letters of award and accepting non-compliant bids.
“This judgment sends a clear message that suppliers who fail to meet essential legal requirements have no entitlement to profit from the state, and the SIU will use its litigation powers to the fullest to ensure such funds are returned,” the Unit stated.
The SIU confirmed that its investigations were conducted under Proclamation R23 of 2020, signed by President Cyril Ramaphosa, empowering the Unit to probe corruption, maladministration, and malpractice in PPE procurement. Evidence of criminal conduct uncovered during investigations has been referred to the National Prosecuting Authority.
The Tribunal’s ruling forms part of broader investigations into irregular PPE tenders during the pandemic, where billions of rands were spent under emergency procurement conditions.
Mgudlwa maintains that his role was legitimate and insists that the Department of Health’s oversight remains central to the dispute.
He concluded his statement with a call for responsible reporting:
“I urge the media, stakeholders, and the public to exercise responsibility and fairness in their commentary, ensuring accuracy and refraining from implicating uninvolved parties.”
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