A medical doctor involved in a questionable National Lotteries Commission (NLC) deal has failed in his interdict bid to stop the Special Investigating Unit (SIU) from what he claims is “harassment and intimidation”.
Dr John Marite, who owns Right Play Health Services – which was paid R7m from a R20m Lottery grant, some of which was paid to former Lottery CEO Phillemon Letwaba – asked for a final interdict against the SIU, and one against Malwanda Solly Siweya, to prevent contact other than through his attorney; to stop him from contacting his family and employees; and from visiting his home.
Tania Broughton writes in GroundUp that he also sought an order that the SIU not share information with anyone else about his interactions with it, including Siweya, and that they stop questioning him without advising him of his rights and whether he was under investigation.
But Gauteng HIgh Court (Pretoria) Acting Judge Hein Snyman ruled that the SIU was within its powers to question Marite about how he was paid the R7m from the R20m grant paid by the NLC to Zibsimode, a non-profit company, and how some of that was paid to a “sub-contractor”, apparently linked to former NLC chief executive Phillemon Letwaba.
Letwaba resigned under a cloud of corruption in 2022.
In his affidavit, quoted by the judge, Marite claimed he was approached by Siweya who wanted a referral for someone to provide circumcision services.
The judge said Marite had said he, as a medical practitioner through Right Play, had confirmed he could assist. He had then been introduced to Zibsimode and its director, a Ms Lulalo. He had submitted a proposal, which was accepted.
Marite allegedly only became aware of Zibsimode’s Lottery funding proposal when he was contacted “out of the blue” and asked for an invoice so he could proceed with providing the service.
He was told Zibsimode had acquired funding from the NLC.
According to the judge, Marite said that from documents “which subsequently came into his possession”, it appeared as though he provided all the services for the funding sought, “making a hefty profit of R13m”.
Marite produced documents to the court as “proof” of his services, but, Snyman said, they did not show when the alleged services were rendered or the number of patients involved.
“Zibsimode apparently specifically instructed Marite to use two other companies as subcontractors – Ironbridge and Ndzhuku Trading (the latter owned by Siweya),” the judge said.
“It appears that neither rendered any services, notwithstanding allegedly being paid by Right Play after it received payment from Zibisimode.”
Marite said he had received a call from the SIU in February asking for information regarding the transaction.
He claimed he was “tricked” into attending a meeting that turned into an “interrogation”, with six SIU members present. The meeting was recorded.
He said he was advised that Ironbridge was owned by Letwaba and his relatives.
“According to Marite, this was news to him. But ‘for the sake of full disclosure’, he had provided medical assistance and advice to Letwaba and his family,” Snyman said.
“He said the SIU alleged that his company was solely established to provide the circumcision project … which he outright rejects.”
The SIU denied he was harassed and said the interview went ahead with no complaints from Marite.
It argued that granting the relief would not only destabilise the investigation, which had reached an advanced stage, but would scupper and damage the SIU’s work. The unit said the SIU Act was very clear on its mandate and the court should be reluctant to encroach into the legislator’s space.
The judge said the SIU Act provided that the agency may require particulars and information from a person “as may be reasonably necessary”, and it was under this section that the meeting with Marite took place.
“It does not appear that he was compelled to answer any questions … he seemingly voluntarily tendered the information … and indicated this willingness to be a witness and assist in the investigation.”
The judge said that according to the SIU, Marite and Siweya had fallen out and were now attempting to perform damage control “to cover their tracks in relation to the NLC scandal that is now highly publicised”.
Marite, he said, believed that the SIU had “leaked information” to Siweya regarding the meeting and that Siweya was attempting to intimidate him.
Siweya, in his affidavit, told a different version – but invoked his constitutional right against self-incrimination because, he said, he was obviously a target of the investigation.
He said Marite undertook to sub-contract to his company. He also denied intimidating Marite, who was trying to avoid investigation and “play victim”, he added.
Snyman said Marite had failed to make out a case against both the SIU and Siweya, and the facts, as presented to the court, did not justify the granting of any interdict.
He dismissed the application, and ordered Marite to pay costs on a punitive scale to the SIU.
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SIU: Corruption is ‘part of health sector’s DNA’
SIU calls for tougher sanctions for health industry fraud
Doctor charged in Sassa disability grant fraud case