The Star Late Edition

Masuku’s name cleared in court

Some political relief for former MEC

- STAFF REPORTER

FORMER Gauteng Health MEC Bandile Masuku’s name was cleared yesterday after the North Gauteng High Court pronounced that it saw no evidence of corruption by Masuku.

Although Judge Roland Sutherland dismissed Masuku’s bid to challenge a report by the Special Investigat­ing Unit (SIU) that led to his axing, the judgment brought Masuku some political relief.

Gauteng Premier David Makhura sacked Masuku last year after the SIU report found that he had not exercised enough oversight in his duties as MEC during the procuremen­t of Covid-19 personal protective equipment (PPE).

In response, Masuku pointed out that it was he who had initially invited the SIU. The Star has learnt that the SIU was also investigat­ing the accounting officer (HOD) Professor Mkhululi Lukhele, who quit during the investigat­ion.

News of Covid-19 PPE corruption went viral after a dodgy multimilli­on-rand contract was awarded to Royal Bhaca, a company owned by the late Nkosi Madzikane Thandisizw­e Diko II, the late husband of Khusela Diko, the suspended spokespers­on of President Cyril Ramaphosa.

In his ruling, Judge Sutherland said that Masuku’s reputation as a public office-bearer had been dented.

“Whether in the long run his political career will suffer remains to be seen, but in the short term his political career has been clearly truncated.

“In the circumstan­ces experience­d by Dr Masuku, whose grievance is a shattered reputation, perhaps it could sensibly be asked whether he should be left to exercise a private law remedy for defamation rather than be entitled to utilise a public law remedy in the form of a review,” Judge Sutherland noted.

Masuku’s legal representa­tives, Motalane Incorporat­ed, noted the judgment but specifical­ly made mention that the court found that the SIU saw no crime committed by him.

Their statement read that Masuku “welcomed the conclusion that he is not accused of corruption or nepotism and that the so-called findings of the SIU were mere opinions that the premier should not have relied upon to make any form of decision against him”.

His legal team said it was studying the judgment and would communicat­e an appropriat­e course of action.

The judgment also found that Masuku was neglectful in his duties. “Dr Masuku was neglectful in his duties, as illustrate­d by his failure to attend to his e-mails, despite being in a critical leadership position. This conduct justifies an adverse inference about his lack of profession­alism and lack of care in dischargin­g his functions. What he is criticised for is not lying … but for neglect,” said Judge Sutherland.

Private investigat­or Paul O’Sullivan said they had found no evidence of unlawful activity on Masuku’s part.

 ??  ?? FORMER Gauteng Health MEC Bandile Masuku. | African News Agency (ANA)
FORMER Gauteng Health MEC Bandile Masuku. | African News Agency (ANA)

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