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SIU asks court to dismiss Masuku’s bid to challenge report on him

Its legal representative advocate Vincent Maleka said the court must use its discretion against the applicant who has made unjustified strident accusations against investigators at the SIU.

FILE: Former Gauteng Health MEC Bandile Masuku on 20 July 2020. Picture: Kayleen Morgan/Eyewitness News.

JOHANNESBURG - The Special Investigative Unit (SIU) has asked the Gauteng High Court to dismiss former MEC Bandile Masuku’s application to have a report into his role at the Gauteng Health Department’s procurement of COVID-19 resources with cost.

Its legal representative Advocate Vincent Maleka said the court must use its discretion against the applicant who had made unjustified strident accusations against investigators at the SIU.

READ MORE: Masuku's lawyers say SIU report that led to his axing should be reviewed

Maleka, responding to Masuku’s representative Advocate William Mokhari, said the applicant opportunistically sought to challenge the findings and recommendations of the SIU report leaving out the decisions made by Premier David Makhura, which affected him adversely.

Makhura fired Masuku as Gauteng Health MEC on the back of the SIU report, he had left the position vacant in case the former MEC cleared his name but was forced to make an appointment by the African National Congress in the province.

The SIU found Masuku had failed to uphold South Africa’s Constitution and the regulations in the Public Finance Management Act, it also said he failed to play the role of oversight on procurement processes at the Gauteng Health Department.

The investigation followed claims of a tender bonanza awarded to presidential spokesperson Khusela Diko’s husband to procure personal protective equipment.

Maleka said the court’s role in this matter was not to assess the correctness of the SIU’s findings.

“The court is also not required to assess the reasonableness of those findings. The court is required to assess whether there is a connection done properly by the SIU between the material before it and the conclusion it has made.”

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