The Special Investigating Unit’s (SIU’s) findings and recommendations that resulted in the axing of former Gauteng health MEC Bandile Masuku lacked proper evidence, the North Gauteng High Court in Pretoria was told on Thursday.
In addition to that, Masuku’s legal team – led by William Mokhare – said the recommendations were unlawful, invalid and unconstitutional.
Judge Roland Sutherland handed the ruling virtually on Thursday.
Mokhare said Masuku may have failed to be actively involved in the running of the day-to-day management of the department’s operations, to ensure that there were no irregular expenditures, but argued that it did not amount to evidence of any wrongdoings or involvement thereof from his side.
“The SIU has failed to produce an iota of evidence of actual wrongdoings on our client’s part. It has instead relied on imaginary wrongdoings, factually incorrect statements, and relied on wrong conclusions and sections of the law,” Mokhare said.
He said it was illogical for the SIU to ignore relevant material in its investigations by omitting certain things, like interviewing members of the executive. He said Masuku could not be blamed for decisions that were taken by a whole team of executives.
Masuku was suspended by the ANC and fired from the Gauteng cabinet by Premier David Makhura in October last year.
“The SIU findings are thus irrational devoid of evidence and legal foundation,” Sutherland heard.
Note: This is a developing story and more information will be updated as it becomes available.