Former Gauteng health department chief financial officer (CFO), Kabelo Lehloenya, has failed in her bid to have Premier David Makhura held liable, in his personal and official capacity, for the province’s personal protective equipment (PPE) saga.
Lehloenya wanted Makhura and seven provincial government officials to be included in the Special Investigating Unit’s (SIU’s) civil recovery proceedings against her, which is pending before the Special Tribunal.
However, Judge Lebogang Modiba on Monday dismissed her third-party notice application after finding that she failed to establish a proper legal basis for Makhura and others to be held personally liable for the PPE saga.
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Lehloenya had alleged that the dodgy PPE contracts were a result of the centralised procurement system, which Makhura oversaw and claimed that she acted in the course and scope of her employment.
But Modiba found that her application was incompetent.
“Judge Modiba found also that Makhura and the Gauteng provincial government were already represented in the main action as the SIU is the representative plaintiff on behalf of the State in terms of Section (4) (1) (c) and 5 (5) of the Special Investigating Units and the Special Tribunals Act.
“Judge Modiba found that the respondents in the third party notice application cannot be joined as such in their own action,” the Special Tribunal said in a statement.
The Special Tribunal also found that the claim by Lehloenya that Makhura had abused his power and authority was bad in law.
“Judge Modiba expressed difficulty with Lehloenya’s joint, alternatively concurrent joint wrongdoers claim, as it relied less on the facts as pleaded. On vicarious liability, the Special Tribunal found that Lehloenya was not entitled to any recourse.”
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