Lesiba Malotana was placed on suspension with immediate effect in light of revelations made regarding a procurement syndicate.
Suspended Gauteng Department of Health head of department (HOD) Lesiba Malotana has been dealt a blow after the Labour Court dismissed his attempts to overturn his precautionary suspension.
Malotana, who was placed on precautionary suspension by Gauteng Premier Panyaza Lesufi in October following a damning report by the Special Investigating Unit (SIU), took the matter to the Labour Court earlier this month in a bid to challenge and overturn the decision.
In court, Malotana argued that Lesufi acted outside the scope of his contract and the Public Service Act when he placed him on precautionary suspension.
Application
However, the court dismissed Malotana’s application with costs and sustained his precautionary suspension.
Judge Benita Whitcher ruled that Malotana’s suspension by Lesufi was both lawful and rational, noting that the HOD’s application was “fundamentally flawed and incorrect.”
ALSO READ: DA demands reasons why Lesufi suspended Gauteng health HOD
Ruling
Whitcher found the SIU report contained “believable allegations of serious misconduct” and revealed “a strong, initial case.”
She also found that suspending the Malotana was “the only logical and rational outcome” based on the evidence and that there was a real risk that the HOD could use his position to influence the investigation if he remained at work.
Whitcher said the allegations would “undoubtedly cause serious public concern about the integrity of the Office of the HOD” if Malotana were to remain in his position.
Court ruling welcomed
Following the ruling, Lesufi said the provincial government has a “responsibility to safeguard the integrity of our departments”, particularly those as critical as the Department of Health.
“This ruling reinforces our resolve to ensure that the government operates with transparency, ethics, and efficiency. We will not tolerate any actions that undermine public trust or hinder our ability to deliver quality services to the people of Gauteng.”
Suspension
Lesufi placed Malotana on suspension with immediate effect in light of revelations made regarding a procurement syndicate operating within the provincial health structures.
It has been alleged that Malotana and two senior officials – Edgar Motha and Sheriff Lecholo – received bribes totalling R8 million.
Babita Deokaran
The SIU investigation of Malotana relates to the alleged manipulation of supply chain processes in 2016 and 2017 in favour of a company called BAS Medxpress.
The case made headlines a year and a half ago when the AmaBhungane Centre for Investigative Journalism lifted the lid on an affidavit from a whistle-blower, who himself was part of the alleged tender-rigging scheme.
The Gauteng Health Department has been under pressure after the SIU detailed how over R2 billion had been siphoned from Tembisa Hospital, which resulted in the assassination of Babita Deokaran on 23 August 2021.
ALSO READ: Late Babita Deokaran’s report on Tembisa Hospital yields results
