MORE WOES FOR UNDERFIRE MKHIZE
EMBATTLED Health Minister Dr Zweli Mkhize's woes have worsened as Public Protector Busisiwe Mkhwebane announced that her office was gunning for him, while the DA has lodged a criminal complaint against him.
Pressure has been mounting on Mkhize to resign for his alleged involvement in the awarding of a R150 million contract to his associates.
While DA MP Siviwe Gwarube has asked Cape Town police to probe the allegations against the minister, Mkhwebane's office confirmed that a contempt of court complaint would be lodged against him for ignoring three subpoenas.
The case was expected to be opened today, said Oupa Segalwe, the public protector's spokesperson.
Mkhize was subpoenaed to give evidence regarding an investigation into his department's alleged failure to implement the recommendations of a 2017 clinical associate task team report.
The public protector's office said subpoena notices were sent to Mkhize on February 4 this year for him to appear before Mkhwebane. Other notices were issued on March 18, April 21, and last month.
Mkhwebane's office said that with each notice, the Department of Health had said that Mkhize was unavailable.
The public protector has the legislative power to summons persons to give evidence or produce documentation, the office said.
“In terms of section 7(4)(a) of the Public Protector Act, read with section 7(5) of the same legislation, the public protector has the power to direct any person to submit an affidavit or affirmation or to appear before her to give evidence or produce any document in their possession or under their control, which has a bearing on a matter under investigation,” the office said.
If a person failed to honour such requests, they faced a prison sentence or a fine of up to R40 000, Mkhwebane's office said.
“It is critical for state functionaries to understand that compliance with our investigations is not optional. No less than the Constitution of the Republic enjoins other organs of state to support and assist the public protector to ensure the institution's independence, impartiality, dignity and effectiveness.”
Mkhize''s office did not respond to requests for comment yesterday.
The minister is expected to appear before Parliament's health committee this morning, and will face tough questions over the Digital Vibes matter.
Gwarube said: “The president failed yesterday by not taking any form of leadership by suspending Dr Mkhize pending the conclusion of the SIU investigation.”
The R150m communications contract was irregularly awarded, an internal investigation by the Health Department has found.
Digital Vibes is reportedly a company run by Mkhize's associates. It has been reported that the company had funded renovations at a house that belonged to the Mkhize family's trust fund.
The company had also allegedly purchased a vehicle for Mkhize's son, Dedani. These incidents allegedly took place last year. Mkhize has publicly denied benefiting from the contract and has refused to step aside.
Gwarube said the DA believed there may have been a contravention of the Prevention and Combating of
Corrupt Activities Act in the awarding of the contract to Digital Vibes.
The party also lodged a complaint against health department director-general Dr Sandile Buthelezi for a possible contravention of the Public Finance Management Act.
Gwarube said the police had confirmed that the case would be investigated by a special arm of the SAPS in the Western Cape.
A Special Investigating Unit (SIU) probe is also under way against Mkhize, and is expected to be concluded by next month, the unit’s head, Andy Mothibi, told Parliament on Wednesday.
President Cyril Ramaphosa, who has come under pressure to suspend Mkhize, said he was awaiting the conclusion of the SIU probe before he acted.
“What is good, as I said yesterday, is that the minister is co-operating fully, and a number of things keep surfacing – surfacing about his son, alleged monies that have been paid, and I would like to enable the investigation to proceed. The SIU has already proven to all of us that they are able to do their job, they are on top of their game and they should be able to get to the bottom of this,” said Ramaphosa.
“I know people want this to be done yesterday. I know there is that impatience and they would like me to be decisive, to take action yesterday. I have tended to be careful in doing these things. I would like to wait for the full process.”