Former Gauteng Health MEC Dr Bandile Masuku has filed legal papers in the High Court in Pretoria.
He is seeking an urgent hearing over a Special Investigating Unit’s report that led to his sacking.
The former MEC wants the report declared unlawful and unconstitutional.
He was fired this month after he was found to have failed to execute his executive duties in the procurement of Personal Protective Equipment (PPE) for Gauteng Health.
A R124 million tender awarded to the Masukus’ family friend, Madzikane II Thandisizwe Diko, is among the controversies that sparked the battle. Diko is also the husband of Presidential Spokesperson, Khusela Diko.
While the preliminary report had not found Masuku to have exerted his influence in the matter – investigations are still ongoing and Gauteng Premier David Makhura has promised to reinstate the former MEC should he be proven innocent.
However, Masuku is having none of this and wants his name cleared urgently. He says he has been co-operating with the investigations – both at a party and government level; took a firm stance against corruption and ordered a probe into alleged PPE procurement irregularities back in April.
Presidential Spokesperson Khusela Diko is meanwhile on leave while investigations continue.
The Gauteng ANC Provincial Executive Committee (PEC) has ordered that both Masuku and Diko face a disciplinary process.
It has also suspended them from party activities pending the outcome of the disciplinary process.
The ANC Gauteng Provincial Executive Committee (PEC) wants former Gauteng Health MEC Dr Bandile Masuku and Presidential Spokesperson Khusela Diko disciplined.
“The PEC further decided that comrade Bandile and comrade Khusela should step aside from organisational activities pending the finalisation of the DC process,” the party’s provincial treasurer Parks Tau told the media on Thursday.
The pair has also been suspended from taking part in organisational matters until the disciplinary process is wrapped up.
Masuku, his wife Loyiso who works for the Mayor’s office in the City of Johannesburg and Diko are embroiled in an alleged Personal Protective Equipment procurement scandal.
It relates to the R124 million PPE contract Diko’s husband secured at Gauteng Health, while Masuku was still the MEC. The couples are close friends and have denied collusion.
Diko has taken a leave of absence until investigations into the matter a completed.
Masuku was recently sacked as Gauteng MEC after the Special Investigating Unit’s preliminary report on the scandal found him guilty of failing to execute his functions – thus violating the Constitution and the Public Finance Management Act (PFMA).
Masuku is challenging those findings. Despite this, however, his Gauteng comrades want him replaced urgently.
The ANC Gauteng PEC has urged Premier David Makhura to find a replacement for the former MEC and stabilise the provincial health department that has been rocked by high profile resignations recently amid the PPE corruption allegations.
Masuku’s wife has meanwhile been given the greenlight to return to work. The PEC says it has found allegations against her to be unsubstantiated.
Thursday’s Gauteng ANC PEC’s briefing followed a two-day special virtual meeting, which took place on Tuesday and Wednesday.
Another matter that dominated talks at the meeting, was the VBS scandal.
The PEC’s Deputy Secretary-General, Nomantu Nkomo-Ralehoko, said the PEC will pronounce its decision on the matter once an appeal that is before the party’s National Executive Committee (NEC) is complete.
Chairperson of Parliament Communications Portfolio Committee, Boyce Maneli, and Merafong Mayor Maphefo Letsie-Mogale have lodged the appeal with the NEC.
They are contesting the PEC’s resolve that they resign over their alleged failure to act against officials involved in the VBS saga.