Masuku won’t appeal ‘PPE corruption’ judgment
Dr Bandile Masuku has decided not to appeal judgement by the Gauteng High Court in Pretoria which dismissed his application challenging the SIU report which led to him being axed by the Gauteng Premier David Makhura.
Although former Gauteng health MEC Bandile Masuku feels there were important parts not addressed in the high court judgment against him, he will not appeal.
The Gauteng High Court recently found he failed to exercise his executive duty while his department was engulfed in corruption allegations over Covid-19 PPE.
Masuku said through his legal team Motalane Inc on Tuesday, that he would not be appealing judgement handed down by the Gauteng High Court last month, which dismissed his application challenging the Special Investigative Unit report that led to him being axed.
“After careful consideration of the judgement and consulting with his legal team on further appropriate course of action, our client has instructed his legal team not to appeal the judgment of the full (bench) court,” statement by Masuku’s lawyers read.
His attorney Mojalefa Motalane said Masuku decided not to appeal the judgement as he said it cleared him from “any lingering doubt” that he personally benefited from any irregular Covid-19 tender.
This was one of the main reasons Masuku launched the application, Motalane said the judgement restored his credibility and integrity as a professional doctor by stating there was no link between him and any irregular tender.
“The judgement removed all the public doubt that had until recently lingered on whether Dr Masuku was involved in any Covid-19 procurement corruption and/or irregularities. As a professional doctor the judgement thus far restored his integrity and credibility.”
Motalane said although the judgement did not address issue of separation of powers of executive and accounting officers oversight in greater detail which was one of the main reasons for the review application, it identified shortcomings in the employment policies as court expected more from executive authorities.
Masuku argued that the recommendation by the SIU, stipulating that he failed to exercise executive oversight duties which ultimately led to him being fired, were duties that did not fall under his command but under that of an accounting officer according to the public finance management act.
Motalane said as the court found that Masuku should have “taken direct action with allegations of corruption and he neglected to properly oversee its [the department] operations”, expected more from executive officers and remains as a learning curve.
“Dr Masuku hopes that the relevant custodians of the PFMA and the public service act, inter alia national treasury, department of public service and administration and parliament will study the implications of the judgement on governance and take the necessary steps to safeguard the principle of separation of roles between the executive authorities and the accounting officers.”
He said that the judgement further found that Masuku’s ignorance of the irregularities was brought into doubt by an email sent to him by an official raising red flags into an irregular tender contract earlier last year, which he only read six weeks later and was a lesson for many executives.
The contract was of a multi-million rand PPE (personal protective wear) tender awarded to the Royal Bhaca company owned by the late Madzikane Diko, husband to Khusela Diko, presidential spokesperson.
The court found had Masuku reacted on time, “he could have stopped the debacle there and then”.
“Because of this conclusion by the court, all executive authorities in the public and private sectors may want to take note of this aspect of the judgement because failure to open an email constitutes dereliction of duty and may be the basis for losing one’s job,” Motalane said.
Masuku was fired in October last year by Gauteng premier David Makhura, based on the SIU report that found the MEC failed to execute his executive functions in compliance with the constitution and public finance management act – alluding to failing his oversight of the department.
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