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Former Gauteng Health CFO fails in bid to hold premier liable in PPE case

Former Gauteng Health Department CFO Kabelo Lehloenya has failed in her third party notice bid to have Premier David Makhura held personally liable in the PPE saga, reports News24.

In a judgment sent to the parties electronically on Monday this week, Judge Lebogang Modiba of the Special Tribunal ruled against Lehloenya in her attempt to have Makhura joined in the civil recovery proceedings before the tribunal. Modiba dismissed Lehloenya’s third party claims against Makhura – in his personal and official capacity – and the Gauteng Provincial Government (GPG).

Her bid against the Health Department Arnold Malotana, Thandiwe Lorraine Pino and head of department Professor Mkhululi Lukhele was also dismissed. Lehloenya wanted Makhura and the officials to contribute to any amount she is found liable for by the SIU.

In his ruling, Modiba said: “Ms Lehloenya has failed to establish a proper legal basis for the joinder of Premier Makhura in his official and personal capacity, the GPG, Professor Lukhele, Mr Malotana and Ms Pino under the third party notice either as joint, alternatively concurrent, wrongdoers. She has also failed to establish a proper legal basis against the GPG and Premier Makhura as its executive head in terms of vicarious liability or unjustified enrichment or restitution.”

Modiba said Lehloenya’s attempts to have Makhura joined in the proceedings were “nothing but a desperate attempt to entangle Makhura in these proceedings”. Her attempts against officials also failed.

Lehloenya was accused of signing off on irregular PPE contracts to the tune of R2bn, notes the News24 report. The SIU wants to recover money the government lost when Lehloenya, in her capacity as CFO, awarded contracts worth R29.6m to Ledla Structural Development and Beadica 423 in 2020 for the procurement of COVID-19 PPE items. However, she has denied that she breached her contract of employment, adding that there was nothing irregular in the awarding of the contracts to Ledla.

 

News24 article – Ex-Gauteng Health CFO loses bid to have Premier Makhura held liable for PPE scandal (Open access)

 

See more from MedicalBrief archives:

 

Tribunal told that Gauteng premier Makhura failed to prevent PPE corruption

 

Gauteng premier caused 'risk of harm' in massive PPE scandal

 

SIU cheers firing of Gauteng Health official implicated in R330m of contracts

 

SCA dismisses appeal against invalidation of R139m Gauteng Health PPE tender

 

 

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