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.
DENOSA provincial chairperson Simphiwe Gada says the union is prepared to work with Makhura once the probe is completed.
The union also blasted the Premier for perceived indecisiveness on the matter against sacked Gauteng Health MEC, Dr Bandile Masuku.
Makhura fired the political appointee on Friday after a Special Investigating Unit preliminary report found him to have failed to execute his oversight duties, thus violating the Constitution and the Public Finance Management Act (PFMA).
While praising Masuku for his work while still at the helm of Gauteng Health, the union expressed unhappiness with the Premier’s assertion that he will reinstate Masuku should he be found not to have engaged in any corruption during the PPE procurement process.
The matter is still being investigated by the Special Investigating Unit (SIU).
“If you want to be liked you must sell sweets. The Premier must decide whether to fire or hire. He needs to be clear on that.”
Gada says the union will write to Makhura soon, outlining its position.
He addressed the media after the union’s special Provincial Executive (PEC) meeting held this weekend.
Makhura is yet to respond to Denosa’s call.
Dr Bandile Masuku has been fired as the Gauteng Health MEC.
The move follows a report from the Special Investigating Unit (SIU), which found Masuku to have failed to execute his functions in compliance with the Constitution and the Public Finance Management Act (PFMA).
Premier David Makhura made the announcement on Friday, during a Gauteng Provincial Command Council briefing on COVID-19.
Makhura says while Masuku has done a sterling job since taking office in May 2019, the facts before him have necessitated his decision.
The investigation into alleged Personal Protective Equipment corruption in the province is, however, continuing.
Makhura says he won’t fill Masuku’s post until the probe is completed as he wants to know whether the fired MEC was involved in acts of collusion or corruption.
The Premier says he will reinstate Masuku should he be cleared of wrongdoing.
He has also expressed hope for the probe to be completed soon.
Transport MEC Jacob Mamabolo will continue to act in Masuku’s post until the SIU’s final report is released.
Masuku was placed on special leave in July following suspicions of impropriety against him after it emerged that the company of President’s Spokesperson, Khusela Diko, had been awarded a R125 million PPE contract.
The Dikos are friends with the Masukus. The former Health MEC and the President’s Spokesperson also serve together in the ANC Gauteng Provincial Executive Committee (PEC).
Diko, Masuku and his wife – Loyiso who works in the Johannesburg Mayor’s office, have all denied any wrongdoing in the matter.