SIU calls Mkhize’s bluff on court threat

Bad vibes as exminister, who is eyeing ANC top job, races to clear his name

The Special Investigating Unit (SIU) has challenged former health minister Zweli Mkhize to deliver on his court threat to compel it to furnish him with evidence that led to adverse findings against him.

Lawyers representing the corruptionbusting unit have again told Mkhize that a cabinet memorandum instructing the Government Communication and Information System (GCIS) to drive the National Health Insurance and Covid-19 awareness campaigns for the government either does not exist or the SIU is not in possession of it.

Mkhize wrote to SIU boss advocate Andy Mothibi last month asking the unit to furnish him with the cabinet memo and transcripts of an interview investigators conducted with the former health department director-general or he would seek a court order.

The memo is at the centre of a SIU report that led to the adverse findings against Mkhize.

The SIU found Mkhize had blatantly ignored a cabinet memorandum advising the GCIS to roll out the NHI communications strategy when the R150m tender was awarded to Digital Vibes a company owned by his associate Tahera Mather and her niece Naadhira Mitha.

The SIU also found that some of the money paid to Digital Vibes could be traced to companies and accounts linked to Mkhize’s family members. The matter is being investigated by the Hawks.

Mkhize has denied any wrongdoing.

The findings of the SIU led his resignation from President Cyril Ramaphosa’s cabinet. But he is now on a mission to clear his name and has applied for a judicial review of the SIU report.

This week the KwaZulu-Natal ANC provincial executive committee endorsed him as a challenger for the position of president at the governing party’s elective conference in December.

His lobbyists say his campaign enjoys support beyond KZN and are working with party leaders in the Eastern Cape, Limpopo and Gauteng.

Mkhize’s slate includes current ANC treasurer-general Paul Mashatile as deputy president, deputy minister of public enterprises Phumulo Masualle as secretary-general, Limpopo chair Stan Mathabatha as national chair and Nomvula Mokonyane as deputy secretary-general.

Mkhize wants the SIU to clear him so that he does not have a dark cloud over his head at the elective conference.

The ANC integrity commission had recommended that his membership be suspended after the release of the SIU report. This could hamper his chances of standing for election as the ANC rules say members who the commission has recommended for suspension are not eligible to contest. Mkhize had given the SIU an ultimatum to make available all evidence against him, failing which he would take them to court. However, the state attorney remains unrelenting and has written to his lawyers stating: “Your client may proceed under rule 53 should he be of the view that the record is in some way incomplete or inadequate” to seek records he says are incomplete due to the SIU’s failure to comply with his requests. “We reiterate that the documents referred to in paragraph 7 (cabinet memo) of your letter either do not exist or are not in the SIU’s possession,” the state attorney wrote. However, the cabinet memo is one of many references of adverse findings against Mkhize and the SIU made in connection with the R150m Digital Vibes communications contract.

The SIU also found that Mkhize acted unlawfully by giving instructions in a WhatsApp message on July 15 to then director-general Malebona Precious Matsoso.

The message read: “Hi DG. Kindly sort out contractual arrangements. Please ask for [the] preliminary NHI implementation plan and draft communication plan by Friday from each individual as discussed.”

Mkhize has denied that the message was meant to exert pressure on Matsoso to appoint Digital Vibes.

Mkhize had also accused the SIU of having “filed documents purporting to be the supplementary record. Once again, to our shock, the documents were not only incomplete and disorganised, but they failed to comply with basic court rules to index and paginate”.

In its response, the state said: “[In] our view there is no substance to this complaint but your client obviously has remedies under rule 30 should he have a different view.”

The former minister had also blamed the SIU for the delay, saying their failure to provide him with evidence had stalled the matter.

“Our client is not ‘dragging its feet’ as alleged in paragraph 15. It is for your client to take the next step that will advance the litigation. That step, with respect, does not include writing a letter of the nature of the September 15 letter, and disclosing it to the media,” wrote the state attorney.

Our client is not ‘dragging its feet’ as alleged ... It is for your client to take the next step that will advance the litigation

State attorney