Bandile Masuku to challenge SIU’s findings in High Court



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Gauteng MEC for Health Dr. Bandile Masuku.

Gauteng MEC for Health Dr. Bandile Masuku.

Sharon Seretlo, Gallo Images via Getty Images

  • Bandile Masuku, a former Gauteng Health MEC, is challenging the SIU’s findings against him in the Gauteng High Court in Pretoria.
  • Masuku and presidential spokeswoman Khusela Diko have found themselves at the center of a PPE tendering scandal.
  • He will also be submitted to the ANC’s disciplinary commission despite the fact that he was not issued a charge sheet.

Bandile Masuku, the former Gauteng Health MEC, is contesting the findings of the Special Investigation Unit (SIU) against him in the Gauteng High Court in Pretoria.

The SIU recently placed Masuku at the center of processes in the health department from where the husband of presidential spokesperson Khusela Diko received a R125 million tender to supply personal protective equipment (PPE).

Masuku and Diko are also expected to appear before the Gauteng ANC disciplinary committee.

READ | Closed Corner: Who Will Replace Masuku as Gauteng’s Health MEC?

Masuku’s lawyer, Mojalefa Motalane, said that over a period of three months he had endured a flood of baseless accusations that have been used to tarnish his integrity and professional image, thereby violating his legal rights and denying him justice.

“To this end, our client is approaching the Superior Court, as an impartial arbitrator, urgently to seek relief,” he added.

Petition

Masuku asks the High Court to rule that the SIU’s findings are illegal, unconstitutional, and therefore invalid, and to nullify them.

“… SIU’s findings reach false and unsubstantiated conclusions that are based on illogical inferences, assumptions, and conjectures. The lack of a factual or probative basis for the contested findings adds to the injustice our client has suffered and continues to suffer.

“The SIU’s findings and corrective actions are ultra vires and unconstitutional for the reasons set forth in our client’s founding documents. The SIU’s findings have the propensity to harm not only our client’s political and professional work, now and now. in the future, but that of all other executive authorities, “Motalane said.

He claimed that Masuku had cooperated with the investigations he was subjected to, and said that he had also initiated and provided information at both the party and state levels.

READ | ANC Gauteng Recommends Masuku and Diko Address Provincial DC Over Covid-19 Corruption Allegations

“Our client wishes to remind the public that, as part of its oversight responsibility, it initiated the investigation into alleged irregularities in the procurement of PPE in the department on April 17. This was approximately four weeks from the declaration of the national state of disaster.

“The SIU was invited to investigate as a result of the forensic audit that our client initiated. However, there were incidents of alleged irregularities in the acquisition of PPE in other provinces. Our client was the first MEC to carry out some type of investigation in the country “Motalane said.

Regarding the pending ANC disciplinary hearing, he added that Masuku was ready to appear before the committee, although he had not been provided with a charge sheet.

Suspension

Motalane said Masuku was suspended without formal charges being filed.

“We have no doubt that ultimately, a fair and impartial court of law will rule in favor of our client and grant him the relief he seeks so that ultimately justice can be done and seen to be done.”

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