An urgent application is to be heard by the Labour Court from suspended Gauteng Health HoD Lesiba Malotana to have his precautionary suspension lifted, reports TimesLIVE, saying it had caused him severe prejudice and reputational damage.
Gauteng Premier Panyaza Lesufi placed Malotana on suspension last month amid an investigation by the Special Investigating Unit (SIU) into tender corruption within the department and poor performance, including underspending of R725m in the past financial year.
Malotana has asked that suspension be declared unlawful, set aside and lifted, and that his electronic devices be returned and he be allowed to go back to work and resume his duties.
He also asked that the media statement issued by Lesufi on 14 October be retracted and that a new statement communicating the reversal of the precautionary suspension be released.
In his founding affidavit, Malotana said his suspension was effected without lawful basis, was procedurally flawed, and had caused him severe prejudice both personally and professionally.
“I seek relief that will restore my position as HOD, reinstate my access to my tools of trade and correct the damaging public record created by the Premier’s media communication premised on the unlawful precautionary suspension.”
He said that further compounding prejudice he had suffered was that Lesufi had widely miscommunicated the true facts underlying the disciplinary action against him,
Malotana said this miscommunication had the prejudicial effect that he had been suspended on the merits of misconduct allegations.
“But this is not true. The conditions of my being placed on a precautionary suspension was so that the SIU could conduct a full forensic audit.”
Malotana said the SIU’s report made no final adverse findings against him and explicitly required that a forensic audit be conducted so that it could make such final findings.
In his answering affidavit, Lesufi said the SIU classified Malotana as “high risk” due to the discrepancies between his declared income and lifestyle, with findings including questionable cash deposits amounting to R1.6m.
As part of his portfolio, Malotana oversaw numerous matters, specifically the Tembisa Hospital crisis, which had been plagued by allegations of corruption and maladministration over the years.
“As a result of the allegations, as well as the SIU report, I was left with no other option but to place (Malotana) on precautionary suspension to ensure that the investigation into these allegations is dealt with thoroughly,” said Lesufi.
He added that the suspension was a precautionary measure and was not punitive as it was not a disciplinary sanction.
He said it appeared Malotana conflated precautionary suspension, which was a temporary measure to facilitate an investigation, with suspension, which is a form of disciplinary action.
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