Axed health MEC legal challenge a fight for his integrity, says lawyer
This as Dr Bandile Masuku’s application challenging the SIU report that saw him fired from his position will be heard at the Gauteng high court in Pretoria, next year.
Former Gauteng health MEC Dr Bandile Masuku’s legal team was confident in his case challenging the Special Investigations Unit’s (SIU) report that led to him being fired by the provincial government.
The SIU was yet to respond to the Gauteng high court in Pretoria’s approval of Masuku’s legal challenge to be heard by a full bench on 21 January 2021.
Speaking to Rekord ahead of the legal review, Masuku’s lawyer Mojalefa Motalane said the challenge was a fight for Masuku’s professional integrity to be regained from the “damning report by the SIU that dented his professional and political career”.
“The case is important for his reputation and his integrity. It will also help to dismiss a lot of false accusations pinned against him.
“We are quite confident about the interpretation of the law. In terms of the findings by the SUI… there is a blurry of the relevant legislation relating to the role of the executive and that of an accounting officer,” he said.
Motalane said they were set to argue in court to clarify the separation of powers on the role of Masuku as an executive from that of accounting officials, which they believed the report had “flouted”.
“The PFMA is clear that Dr Masuku as an executive does not have the same role as an accounting authority on the day-to-day functions. The findings pinned him to roles not ascribed to him in relation to the provision of oversight”” he said.
READ MORE: Sosh ‘terrorist’ sentenced to two life terms and 333 years’ imprisonment
“We have no doubt that a fair and impartial court of law, will find in our client’s favour and grant our client the relief he seeks so that in the end, justice can be done and be seen to be done.”
Motalane also said the legal team was still waiting for the SIU’s outstanding report on the probe of Masuku’s connection to PPE tender corruption – “which has not yet been proven and yet it made findings that were final”.
“We believe that this case will shed light on issues which our client firmly believes must be clarified in order to restore confidence in our governance models, accountability, decision-making processes and law enforcement.”
Motalane said that should Masuku be successful with his challenge, this could see his possible reappointment as MEC.
When Gauteng premier David Makhura ousted Masuku in October, he said should he be cleared of any wrongdoing he would then reappoint him.
Masuku was fired after an SIU report found he failed to execute his functions in compliance with the constitution and public finance management act – and failed to provide oversight on his department.
However, Masuku believed the SIU report had made “incorrect and non-factual findings” about his role as an executive authority.
Do you have more information about the story?
Please send us an email to editorial@rekord.co.za or phone us on 083 625 4114.
For free breaking and community news, visit Rekord’s websites: Rekord East
For more news and interesting articles, like Rekord on Facebook, follow us on Twitter or Instagram
