SIU rejects Gomba’s attempt to have the motorcycle case reviewed in EL court
The Special Investigating Unit has shot down Eastern Cape health MEC Sindiswa Gomba’s application to have a controversial scooter project reviewed in East London.
On Tuesday Gomba’s attorney, Nkosinathi Jiba, wrote to the SIU informing it that they planned to bring an application for review to the high court.
The SIU recommended that criminal prosecution be effected against two health executives, understood to be Gomba and former superintendentgeneral Dr Thobile Mbengashe, for their alleged roles in the motorcycle procurement deal.
The contract and subsequent payment for the 100 motorcycles was halted by the SIU, pending a special tribunal hearing in April. In a report handed to premier Oscar Mabuyane, the SIU alleged that Gomba and Mbengashe may be guilty of certain transgressions. It further said the two had allegedly influenced the awarding of the tender. It claimed Gomba benefited from the tender award.
The SIU rejected the proposal to have the review heard in East London, saying she should submit her review application to the high court in Pretoria.
In his letter dated February 16 2021, Jiba wrote that he had been instructed by his client to bring the application forward.
“It is in the interest of justice that such an application be lodged at the high court in East London,” Jiba said.
Jiba wrote that should the SIU decline the request for the review to be held in East London, it would not be in Gomba’s best interests, as the matter had drawn widespread interest.
On Wednesday, asked about the reasons why they wanted the review heard at the East London High Court, Jiba declined to comment.
In addition to the motorcycle case, Gomba is one of 14 people facing fraud and corruption charges relating to Buffalo City Municipality’s R10m Mandela funeral scandal. On Friday, she appeared in the East London magistrate’s court for this and was released on R1,000 bail. The case had provisionally been withdrawn in 2019, but was reenrolled last week.
SIU spokesperson Kaizer Kganyago said no papers had been served and the SIU was thus unable to comment.
“The SIU office is located within the jurisdiction of the Gauteng Division in Pretoria,” Kganyago said.