Makhura's lawyer says ex-Gauteng Health CFO's Special Tribunal submission vague

The Special Investigating Unit has filed an application in the Special Tribunal against Lehloenya and former Gauteng Health HOD Mkhululi Lukhele seeking to recover monies allegedly paid to PPE service providers unlawfully.

Gauteng Premier David Makhura speaking during a press briefing on 21 May 2020 in Johannesburg on the province’s response to the coronavirus pandemic. Picture: @GautengProvince/Twitter.

JOHANNESBURG - The Special Tribunal is seized with arguments on the merits of former Gauteng Health Department chief financial officer, Kabelo Lehloenya’s, third party notice seeking to entangle Gauteng Premier David Makhura and the provincial government into the matter against her.

The Special Investigating Unit (SIU) has filed an application in the Special Tribunal against Lehloenya and former Gauteng Health HOD, Mkhululi Lukhele, seeking to recover monies allegedly paid to PPE service providers unlawfully.

Lehloenya and Lukhele were in the employ of the department when the multi-billion rand contracts, many of them fraudulent, were issued to several companies at the onset of the COVID-19 pandemic last year.

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Arguing on behalf of Makhura and the provincial government, Ngwako Maenetje described Lehloenya’s submission as vague and embarrassing.

“The defendant never addresses the crux, which is that she has no claim against the government once SIU succeeds because then she’s forfeiting state protection.”

Lukhele's lawyer, Daniel Berger, told the tribunal that his client had not committed a negligent breach of contract which led to the department's losses, saying it was not competent to hold him liable in law.

He also dismissed Lehloenya's inclusion of Lukhele in her third-party notice.

Both Lehloenya and Lukhele resigned from the department last year.

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