Court judgment on ex-Gauteng Health MEC does not cover him in glory – says analyst

Although the judgment against embattled former Gauteng health MEC Dr Bandile Masuku did not put him in a good light, it will not have an immediate impact on his political aspirations.

This was according to political analyst Professor Tinyiko Maluleke.

The Gauteng North High Court in Pretoria handed down the judgment on Monday.

The judgment stated that Masuku “was neglectful in his duties, as illustrated by his failure to respond to his emails, despite being in a critical leadership position”.

The court found that Masuku took six weeks to read an email sent to by an official raising red flags into an irregular tender contract earlier last year.

This contract was of a multi-million PPE (personal protective equipment) tender awarded to the Royal Bhaca company owned by the late Madzikane Diko, husband to Khusela Diko, presidential spokesperson.

The court found should he have reacted on time “he could have stopped the debacle there and then”.

The court also found that although Masuku was the political head of the department responsible for PPE procurement and aware of the high risk of irregularities in the procurement, he was “deaf and blind to these risks”.

Instead, he “took no steps at all to lead and protect his department from stumbling into the predictable chasm”.

“When news of improprieties was brought to his attention, he was content to fob off investigations to internal auditors and take no steps to inform himself at all to assess the status quo and intervene urgently.”

The court dismissed the bid that the special investigation unit (SIU) was irrational in its opinion about Masuku’s leadership with cost pinned on him.

While it is not yet clear whether Masuku’s lawyers would appeal the judgment, in a statement on Monday, they said they were still studying the judgment and “an appropriate course of action will be communicated”.

Masuku’s attorney Mojalefa Motalane Inc welcomed the ruling stipulating that they took note of the judgment that “cleared him on corruption and nepotism”.

Motalane, however, said that Masuku was concerned over the judgment not giving clarity on executive oversight by executive heads.

Maluleke said while Masuku’s political career remains on hold awaiting possible appeal of his dismissed court bid against the SIU by the High Court, one thing was for sure, the judgment did not “cover him in glory”.

He said although the court had a few positive pointers for Masuku clearing doubt that he personally benefited from corruption, the judgment found he failed to provide oversight “timeously, adequately and efficiently – did not cover him in glory”.

He attributed this to the court’s judgment detailing that Masuku’s response to corruption was “weak”.

Maluleke said the court’s judgment was damning for Masuku as it found he did not act adequately as an executive head in dealing with corruption.

“Although Masuku is trying so hard to read this positively as it clears him personally but we cannot separate him from his professional cap which he was found to have failed.”

Maluleke believed that Masuku’s case was important in shaping what happens when politicians fail to exercise executive power.

Whether or not Masuku could return to his post, Maluleke said this would largely depend on his decision if he would appeal.

“As it stands it’s 1-0, to the favour of the SIU. The appeal will be interesting also to see what the outcome will be and the decision that would be taken by his political party. I hope he will appeal and that the whole matter can be taken to its conclusion.

“Technically, there is no immediate impact on his political career especially in light of an appeal, they will wait to see if he will appeal and what the final results will be.”

Masuku was fired in October last year by Premier David Makhura based on the SIU report that found he failed to execute his functions in compliance with the constitution and Public Finance Management Act (PFMA) – alluding to failing his oversight of the department.