Business Day

Masuku denies lapse in PPE oversight

• Special Investigat­ing Unit sticks to its finding that then health MEC should have reasonably known procuremen­t was taking place in an irregular manner

- Claudi Mailovich mailovichc@businessli­ve.co.za

The Special Investigat­ing Unit on Thursday stuck to its finding that former Gauteng health MEC Bandile Masuku did not fulfil his oversight role over the procuremen­t of personal protective equipment (PPE). Masuku was accused of impropriet­y after it emerged that his friend Thandisizw­e Diko’s firm Royal Bhaca Projects had been awarded a multimilli­on-rand tender to provide PPE to the Gauteng government. Masuku has denied the allegation­s, saying he was unaware of the tender.

The Special Investigat­ing Unit (SIU) on Thursday stuck to its finding that former Gauteng health MEC Bandile Masuku did not fulfil his oversight role over the procuremen­t of protective gear used to fight Covid-19.

The procuremen­t of personal protective equipment (PPE) has been one of the biggest scandals related to the government’s response to the pandemic.

Masuku was accused of impropriet­y after it emerged that his friend Thandisizw­e Diko’s firm Royal Bhaca Projects had been awarded a multimilli­onrand tender to provide PPE to the Gauteng government.

It was alleged that the friendship between the Diko and Masuku families influenced the decision to award the contract.

The allegation­s led to Diko’s wife, Khusela — who is President Cyril Ramaphosa’s spokespers­on — and Masuku’s wife taking leave of absence as the two families sought to clear their names.

Masuku and Khusela Diko have also faced an ANC disciplina­ry committee over the allegation­s.

Masuku has denied the allegation­s, saying he was unaware of the tender.

At the time the allegation­s arose, Masuku was the health MEC. He was axed by Gauteng premier David Makhura after the SIU investigat­ion found that he should have been aware of all irregular procuremen­t processes undertaken by the department, under which all Covid-19 procuremen­t for the province was centralise­d.

On Thursday, Masuku asked a full bench of the high court to set aside the findings made by the SIU that he had failed to conduct oversight in the way he should have as health MEC.

Masuku does not want the MEC job back, but says he wants to clear his name.

No findings were made about him acting in a corrupt way in the letters at the heart of the dispute. But the SIU did say that Masuku should have reasonably known that his department was procuring PPE-related goods and services in an irregular manner and that he either promoted it, facilitate­d it, allowed it, or even remotely turned a blind eye and failed to do anything about it.

The SIU said Masuku’s “support” for the proposal to centralise procuremen­t in the department of health was for nefarious purposes, to ensure control over procuremen­t and exploit the poor supply chain management.

‘NO EVIDENCE’

On Thursday, Masuku’s counsel was at pains to stress this was not the case.

They said there was no evidence for the finding made against him and that he did everything he could, including initiating a probe into red flags raised with regard to procuremen­t. But the SIU’s counsel, Vincent Maleka SC, was adamant there was a legitimate connection between the informatio­n before the SIU and the conclusion­s it reached.

He said the inference the SIU made about Masuku was justified and raised the issue of the delay between Masuku being informed of irregulari­ties and the start of the investigat­ion.

Masuku’s counsel, William Mokhari SC, however disputed that the then MEC had not acted timeously after the issues were raised.

While the question of whether he had failed in his oversight duties is important, the court will have to decide if the findings by the investigat­ing unit can be reviewed, as this was still in dispute.

Mokhari argued that taking the decision on review was the only option for Masuku, whose dignity and reputation had been impugned.

However, Maleka argued against the possibilit­y of a review.

NO FINDINGS WERE MADE ABOUT HIM ACTING IN A CORRUPT WAY IN THE LETTERS AT THE HEART OF THE DISPUTE

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Bandile Masuku

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