The Labour Court has found that the suspension of Gauteng Health HoD Lesiba Arnold Malotana – who had then accused Premier Panyaza Lesufi of acting outside his contractual obligations – was valid, report News24.
Malotana was suspended on 13 October after Lesufi said suspicious financial activities were uncovered during a lifestyle audit by the Special Investigating Unit (SIU), during which it found more than R1.6m in cash deposits from commercial activities could be traced across various bank accounts that did not reconcile with his salary.
Its interim report also raised concerns about R300 000 paid into Malotana’s account, which was allegedly a loan repayment for which there was no supporting documentation.
Also probed was his farming business, with the SIU finding he allegedly had six bank accounts, although he had declared only four.
It called for a full investigation, which Lesufi acceded to when he suspended Malotana.
Malotana approached the court for urgent relief, arguing that his suspension was unjustified and did not comply with the rules outlined in the Senior Management Service (SMS) handbook. He said Lesufi had to be satisfied that there were allegations of serious misconduct before effecting the suspension – and not just rubber-stamp the SIU’s recommendations.
However, the court concluded that Lesufi’s decision to suspend the HoD was valid, that the decision was reasonable because the SIU’s findings suggested serious misconduct, needing further investigation.
Spokesperson Elijah Mhlanga said the suspension followed “a comprehensive evaluation of his professional conduct, the results of a lifestyle audit, and a report from the SIU”.
“The SIU report presented substantive evidence of possible serious misconduct, making a compelling case for a thorough forensic investigation.
“This ruling reinforces our resolve to ensure that the government operates with transparency, ethics, and efficiency.”
See more from MedicalBrief archives:
Gauteng Health HoD asks court to lift suspension
SIU calls for probe into Health HoD’s suspicious finances
Gauteng Health boss first casualty in Tembisa fraud crackdown