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- Bandile Masuku, a former Gauteng Health MEC, is contesting the SIU’s findings against him in the Gauteng High Court in Pretoria.
- After finding himself at the center of a PPE tendering scandal, Masuku insists that he did not influence the decision to centralize the procurement of PPE or the award of tenders.
- Masuku has also said that he was the first to suggest investigations into the irregular acquisition of PEE.
A lawyer representing the former Gauteng Bandile Masuku health MEC says that, over the past three months, his client has endured a “spate of unsubstantiated allegations” that were used to “tarnish” his integrity and image.
Masuku has approached the Gauteng High Court in Pretoria to review the findings of the Special Investigation Unit.
He has denied any involvement in a PPE acquisition scandal that removed him from office.
The SIU recently placed Masuku at the center of processes in the health department from where the husband of presidential spokesperson Khusela Diko won a R125 million tender to supply personal protective equipment (PPE).
Masuku’s attorney, Mojalefa Motalane, said:
“Over a period of three months, Dr. Masuku has endured an avalanche of baseless allegations that have been used to tarnish his integrity and professional image, thereby violating a wide range of his legal rights and denying him justice.”
The matter is expected to be heard on Tuesday, November 24.
Masuku argued that the conclusions and recommendations made by the SIU against him were unconstitutional and therefore invalid, and requested that they be annulled.
READ | PPE Bidding Scandal: Bandile Masuku to Challenge SIU Findings in High Court
The SIU sent a letter to Prime Minister David Makhuru on October 1, recommending that he take administrative action against Masuku.
“The [SIU] Then I found out that I instructed the centralized and encouraged or supported them for ‘nefarious purposes,’ “Masuku said in a lengthy affidavit given to the court.
He said that the decision to centralize acquisitions was made by the provincial government in accordance with various practical notes issued by the national Finance Department and that they were not influenced by it.
He added that his department’s priority was to protect front-line workers and prevent the spread of Covid-19, which saw the provision of PPE take a central role in the department’s response plan.
“To regulate this process, the provincial government, in accordance with the practical note of the then national treasury, resolved that the acquisition of PPE and other related medical equipment would be centralized in the department. The department, neither through me nor any of its officials, initiated the centralization of the acquisition of Covid-19, “Masuku said.
The pressure was to get as much PPE as the department could, Masuku said.
The potential shortfall in PPE prompted the provincial government to extend a broad invitation to service providers who could supply the necessary goods and services to approach the department, which Masuku believes was transparent and consistent with the Constitution.
“I, as an executive authority, never participated in the acquisition of PPE nor could I have asked to participate. Any participation would amount to illegal interference in operational matters that are not within the scope of the functions performed by an executive authority,” he added. he said.
He added that he was not involved in supply chain management and was unaware that Royal Bhaca Projects (RBP) had made an offer.
“As of March 30, several service providers were appointed, including RBP. RBP’s appointment appears to have followed a quote that was discussed by supply chain management officials,” Masuku said.
“I was never involved, nor did I know what these appointments were being made and for what amounts.”
‘I was surprised’
He said he was surprised to hear that RBP had made an offer for the department.
“Since Ms. Diko and I were comrades and friends, I was surprised that her husband received a PPE contract from the Department.
“I thought you should at least have informed me that you had bid to provide PPE. If I had been informed, I would have told RBP not to bid for the provision of goods and services, as you would any other friend, family member of an associate. close, “he said.
She added that Diko said she was not aware of the offer and that after a conversation she had with her husband, the contract had been canceled.
Masuku has also clarified an email referenced by the SIU, between RBP and himself.
READ ALSO | ANC Gauteng Recommends Masuku and Diko Address Provincial DC Over Covid-19 Corruption Allegations
He said he had a conversation with the former CFO about providing a list of service providers to the Motsepe Foundation, as the foundation wanted to donate PPE to the department.
This email was sent as confirmation that the list had been provided and Masuku said that he did not open it or read it.
Masuku said he was the one who urged an investigation into the PPE procurement after staff raised concerns.
He also said that he approached Gauteng Audit Services to carry out the investigation and that the matter had been referred to the prime minister and the prime minister’s Integrity Unit.
Masuka said:
“Before the matter was brought out to the public or reported by the media … I made the decision that I should start an investigation to discover any wrongdoing. At that time I was under no pressure from any actor. politician or media to initiate the investigation, I did it because I believed it was the right thing to do. “
Masuku added that he volunteered to take special leave during the investigation, so that he would not appear to be influencing the investigation.
READ | Bandile Masuku: Independent Report Findings ‘Contradict SIU’, Clarifies Hand in Hand on EPP Graft
Masuku and Diko were also expected to appear before the Gauteng ANC disciplinary committee regarding the pending ANC disciplinary hearing.
Motalane added that Masuku was ready to appear before the committee.
