SIU to oppose Mkhize’s challenge to its findings on Digital Vibes tender

THE Special Investigating Unit (SIU) will square off with former health minister Dr Zweli Mkhize at the South Gauteng High Court when it opposes his challenge to its report fingering the former ANC treasurergeneral.

The SIU announced yesterday that it would oppose Mkhize’s application to review and set aside its findings against him relating to the R150 million communications tender awarded to Digital Vibes, a company run by his associates.

“The review application does not suspend the implementation of the SIU report,” the unit said.

In its application, the SIU wants repayment of money paid to several respondents flowing from the bank accounts of Digital Vibes, which is run by one of his associates, Tahera Mather, and his former assistant private secretary, Naadhira Mitha.

The SIU said the amounts it seeks to recover total R22m, which has already been frozen by the Special Tribunal, while one of the respondents cited in its application has paid over R11.5m it received from Digital Vibes in August.

The report that Mkhize is challenging found he received almost R7 000 in what the SIU believes were “funds directly or indirectly paid by Digital Vibes to various parties (that) constitute undue gratification or were for the purposes of money laundering or as proceeds of unlawful activities and derived from unlawful payments”.

His son, Dedanimabhunu Mkhize, allegedly received nearly R4m from Digital Vibes.

The former Kwazulu-natal premier wants the court to review and set aside findings and recommendations made against him by the SIU and have the unit’s conduct declared unlawful and unconstitutional.

Independent Media reported this week that Mkhize believes the conclusions reached by the SIU, its findings and recommendations against him are tainted by irregularities in the manner in which it conducted its investigation and in its approach to the evidence it gathered.

“These irregularities are both procedural and substantive in nature. The SIU failed to address my version and evidence I provided to it – in most instances, such evidence was entirely ignored where it deviated from the SIU’S predetermined conclusions,” he said.

“While, for instance, I provided the SIU with a bundle of documents plus (without being required to do so) a detailed witness statement in advance of my questioning, I was given no notice of even the gist of fundamental matters on which I was questioned. Documents in the possession of the SIU were simply withheld so that I could be ambushed.”

He said the SIU report had already been handed to President Cyril Ramaphosa when he sent his response to the unit.

“It is, with respect, impossible for the SIU to have considered the submissions or evidence. Impossibility aside, demonstrably, the SIU did not give it due regard, as some of its findings in the referral letter and report have no regard to that evidence,” he added.

Mkhize said this showed that the SIU had already reached conclusions and findings against him.