Criminal charges pursued against Mkhize

Former health minister Zweli Mkhize’s bid to compete in active politics and vie for a leadership position at the ANC’s elective conference in December has been dealt a blow, with law enforcement authorities in the late stages of an investigation that could lead to criminal charges.

Mkhize resigned in August 2021, just hours before President Cyril Ramaphosa reshuffled his cabinet, having been under pressure over a R150m government contract irregularly awarded to Digital Vibes, a communications company linked to his associates, from which family members are said to have benefited.

While he has not been criminally charged yet, he was implicated by the corruptionbusting Special Investigating Unit (SIU) and in October, he launched a review application against its report. Business Day has been informed that Mkhize understands law enforcement agencies are finalising a case against him.

Any criminal charges brought against Mkhize are likely to derail his ambitions of being elected to the ANC’s top six during the party’s conference in about six months’ time, when Ramaphosa, who has staked his presidency on cleaning up the ANC image in the wake of devastating disclosures in the Zondo commission into state capture, is seeking a second term.

Mkhize, a key player and former premier in KwaZulu-Natal, has been using his time out of the government to organise a political comeback. In February, TimesLive reported that one of the biggest regions in the province would campaign for him to challenge Ramaphosa for the ANC’s presidency in December.

Before the scandal, Mkhize’s star was rising in the party and the country after he won acclaim as health minister for SA’s initial response to the Covid-19 outbreak.

Criminal charges would trigger the ANC’s step-aside rule, which has sidelined others such as suspended secretary-general Ace Magashule. Mkhize would be expected to resign as a member of the national executive committee and be disqualified from standing for any position at the ANC’s national conference in December.

“We are investigating the case against Mkhize in relation to the Digital Vibes matter,” said Brig Nomthandazo Mbambo, spokesperson for the Hawks. She would not divulge further details. Mbambo said the Hawks focused on the criminal aspects, whereas the SIU was looking at recouping funds lost to the state.

The SIU review application over the R150m Covid-19 communication contract awarded by the health department to Digital Vibes has been delayed.

Mkhize’s daughter-in-law Sithokozile Mkhize, who is married to his son Dedani, and four companies accused of receiving money from Digital Vibes have applied to the Special Tribunal for leave to appeal against an earlier judgment that gave the SIU permission to add the companies to its main case.

The tribunal’s spokesperson, Selby Makgotho, confirmed that

Sithokozile and the four companies filed a leave to appeal bid last Friday. The tribunal is a statutory body with a mandate to recover public funds siphoned from the fiscus through corruption and fraud.

Two of Mkhize’s associates implicated in allegations of lawbreaking are represented by advocate Shaun Abrahams, the former prosecuting boss in the latter period of Jacob Zuma’s presidency. He referred all queries to the attorney of record, Mongezi Ntanga, who confirmed representing Tahera Mather and Naadhira Mitha “and two or three other respondents”.

He declined to disclose the names or occupations of the other clients and what they are accused of. “We don’t represent anyone with the department [of health], current or previous,” he said. Asked if any of the clients had deposed to and signed any affidavits, he replied: “We are not at that stage yet. The matter is still at an interlocutory stage.”

Ntanga was less forthcoming when asked about the gist of the case, only emphasising that his clients were respondents.

Asked by Business Day when the matter would be before the court, Ntanga replied: “It’s still too early to say.”

He indicated the next steps would be determined on instructions from the court.

“When the court tells us to file an answering affidavit, then we will do so,” he said.