The ANC has cleared President Cyril Ramaphosa’s spokesperson and Gauteng’s former health MEC of wrongdoing after investigating whether they had brought the party into disrepute through their alleged involvement in personal protective equipment (PPE) corruption.
Ramaphosa’s spokesperson Khusela Diko took leave of absence from the presidency in July last year after her late husband, Thandisizwe Diko, secured a R125m contract from the Gauteng department of health for PPE procurement.
Possible tender irregularities in the PPE contract saw the axe fall on health MEC Bandile Masuku in October. Gauteng premier David Makhura fired Masuku after the Special Investigating Unit (SIU) found that he had failed to execute his functions in compliance with the constitution and the Public Finance Management Act, in his oversight of the procurement of PPE.
The Dikos and the Masukus are family friends.
Diko denied playing any role in soliciting the contract. The ANC’s national disciplinary committee found no evidence to suggest Diko acted unethically or violated the party’s value system, and cleared her to return to political office, the panel said in an e-mailed statement on Saturday.
Diko is still facing government disciplinary procedures for allegedly failing to disclose her financial interests. She remains on special leave until the conclusion of that process, which may determine whether she returns to Ramaphosa’s office.
“This closes a chapter in what has been a particularly difficult year for our client, one in which she and her family suffered immense reputational harm and in which she also lost her beloved husband,” Diko’s lawyer said.
Possible tender irregularities in the procurement of PPE contracts, awarded under emergency procurement and not subject to the open tender system, were seen as a blow to Makhura’s anticorruption focus.
In April, the high court in Pretoria dismissed with costs Masuku’s application to set aside the SIU report that Makhura relied on to fire him.
In a scathing judgment, acting deputy judge president Roland Sutherland said Masuku was neglectful in his duties and that he took no steps to lead and protect his department from “stumbling into [a] predictable chasm” of emergency procurement.
Sutherland said the SIU was not irrational in forming its opinion against Masuku.
“The SIU saw no crime having been committed by Dr Masuku. The SIU saw no basis for civil action against Dr Masuku. Indeed, it decided there was no action it could or should take. The SIU faithfully reported what it had learnt to the premier and to the president. It deemed Dr Masuku’s conduct to be wanting. To form such an opinion is plainly within its scope of functions.”
Masuku was quoted as saying: “I am happy and relieved that in the end, a fairer, objective and robust ANC tribunal has upheld my appeal, protected my rights and restored my membership. This is a victory for justice.” With Bloomberg
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