By Johnathan Paoli
Public Interest SA has lodged a criminal complaint with the Hawks against Acting National Police Commissioner Lieutenant General Puleng Dimpane, alleging possible contraventions of the Public Finance Management Act relating to the controversial SAPS Medicare24 Tshwane contract.
The complaint, submitted on Thursday, asks the Hawks to investigate whether Dimpane, who served as the police’s chief financial officer at the time, failed to fulfil statutory duties relating to financial oversight despite concerns about the procurement process and an ongoing internal audit.
ALSO READ: Transnet moves to blacklist seven companies over fraud and corruption
Announcing the complaint, Public Interest SA chairperson Tebogo Khaas stressed that the organisation was not declaring Dimpane guilty of any offence.
“At the outset, let me emphasise that today’s action is not a finding of guilt. Public Interest SA has neither the mandate nor the authority to determine criminal liability. That responsibility rests exclusively with the South African Police Service, the National Prosecuting Authority (NPA) and, ultimately, our courts,” he said.
Khaas said the organisation believed there were sufficient grounds for law enforcement to investigate the matter.
“Our responsibility, as a public interest organisation committed to accountability, ethical governance and the rule of law, is to place credible evidence before the appropriate law enforcement authorities where we believe there are reasonable grounds to suspect that criminal offences may have been committed,” he said.
The irregularly awarded Medicare24 employee health and wellness contract was valued at about R228 million.
Although the agreement was later cancelled following investigations into procurement irregularities, about R48 million had already been paid to the service provider before its termination.
According to the NGO, Dimpane’s sworn testimony before Parliament’s Ad Hoc Committee investigating allegations of criminal infiltration, corruption and political interference in the criminal justice system forms part of the evidence submitted to the Hawks.
Khaas said Dimpane had confirmed under oath that, as CFO, she oversaw financial management, internal controls, risk management, internal audit and audit committee matters.
ALSO READ: Pule calls for stronger public-private partnerships to tackle youth unemployment
He said she had also acknowledged becoming aware of concerns surrounding the Medicare24 contract after an internal audit and risk management review had been initiated.
“Despite those circumstances, payments amounting to approximately R48 million were processed and effected before the review had been concluded. It is these facts that form the basis of the criminal complaint,” Khaas said.
Public Interest SA has requested investigators to examine whether Dimpane may have contravened sections 38, 44, 45, 81 and 86 of the PFMA, which govern financial management, delegated authority, internal controls, financial misconduct and criminal liability.
The organisation has also asked investigators to obtain all relevant financial records, internal audit reports and system authorisation logs to determine whether offences had been committed under the PFMA or any other applicable legislation.
Khaas said the complaint should be viewed within the wider criminal case already before the courts involving the Medicare24 contract.
Suspended National Police Commissioner General Fannie Masemola, who was the accounting officer of SAPS when the contract was awarded, has appeared in the Pretoria Magistrate’s Court on four charges of contravening the PFMA linked to the alleged irregular awarding of the contract.
The NPA has said Masemola’s matter is to be joined with 16 others, including businessman Vusimusi “Cat” Matlala of Medicare24, who are facing charges including corruption, fraud and money laundering.
Public Interest SA questioned why Dimpane had not been charged despite her statutory responsibilities as chief financial officer.
“Today’s complaint requests the Hawks to determine whether there is sufficient evidence to establish criminal liability under the PFMA. It is not an attempt to duplicate the existing prosecution, but rather to address what appears to be a gap in accountability,” he said.
During her appearance before Parliament’s ad hoc committee last year, Dimpane maintained that she was not responsible for the awarding of tenders or operational financial decisions.
ALSO READ: National Treasury launches forensic probe into contracts linked to Madlanga Commission allegations
“While I oversee financial operations, it is crucial to understand that my role does not include operational decisions. I am not responsible for contract awards or I don’t have any direct involvement in supply chain management prior to the recent changes in terms of the structural changes,” she said.
She told MPs that operational decisions were made by the relevant managers and ultimately by the National Commissioner.
