Lawyers for former North West Health Department boss Dr Andrew Lekalakala – in the Gupta-linked fraud case – have opposed evidence brought before the legislature’s Portfolio Committee on Health, saying what was discussed at the committee took place in a closed session.
Lekalakala’s counsel raised this objection during his trial in the North West High Court last Thursday, as the Health Department’s deputy DG Konred Motlhabane was about to testify about proceedings of the portfolio committee.
Provincial National Prosecuting Authority (NPA) spokesperson Henry Mamothame said the court then asked the state and the defence to submit heads of arguments by this Friday (18 August), and additional heads by 23 August.
Daily Maverick reports that virtual arguments will be heard on 4 September for the judge to determine on the admissibility of the evidence.
Lekalakala, who was arrested in 2019 and released on R5 000 bail – is charged with fraud, contravention of the Public Finance Management Act and violating the Prevention and Combating of Corrupt Activities Act.
He has pleaded not guilty to the charges, stemming from the alleged fraudulent awarding of a contract for mobile clinics in February 2017 to Mediosa, a company linked to the Gupta family.
Lekalakala apparently approved payments of R30m to Mediosa before it rendered any services.
The expensive mobile clinics have since been gathering dust.
Daily Maverick reported in May 2022 on the disastrous repercussions of the saga, with rural residents waiting for up to eight hours for an ambulance, drug shortages, high travel costs and walking vast distances to clinics.
In August 2020, the DA’s constituency head, Sello Seitlholo, who has been monitoring the situation, said the Cokonyane Clinic, a mobile container clinic which cost the provincial health department nearly R1.2n, had no space to store patient files and medication, and no privacy for pregnant women to deliver.
The state’s case
The state’s contention is that a similar project had already been implemented in the Free State, and Lekalakala, as the then accounting officer, allegedly decided to participate in the same contract and elected to apply the Treasury Regulations – which allow for participation in an existing contract arranged by another organ of state, with the same contract terms.
However, it was found the contract was not awarded in accordance with those regulations, and the project was not budgeted for.
“He also falsely indicated, during a management meeting, that the service by Mediosa Health was a National Department of Health initiative to be rolled out to other provinces. He further lied that there was compliance with Treasury Regulations,” said the NPA’s Mamothame.
“Mediosa received an upfront payment of R30m and Lekalakala is alleged to have received gratification … a trip to India with his spouse and his associates. The state also intends to prove the service level agreement was signed on this trip and not at the Department of Health offices.”
See more from MedicalBrief archives:
North West Health boss fired over alleged Gupta fraud links
North West health boss gets bail in Gupta-linked fraud case
NW Health head suspended over Gupta-linked contract