Financial Mail and Business Day

Mkhize’s lawyers accuse SIU of delays

Mary Papayya and Thando Maeko

Lawyers acting on behalf of former health minister Zweli Mkhize have accused the Special Investigating Unit (SIU) of using delaying tactics in the continuing Digital Vibes probe. This comes as Mkhize is in a rush against the clock to clear his name before nominations for the ANC’s top leadership position officially open in August.

Lawyers acting for former health minister Zweli Mkhize accuse the Special Investigating Unit (SIU) of using delaying tactics in the continuing Digital Vibes investigation.

This is as Mkhize, who is tipped to vie with Cyril Ramaphosa for the ANC presidency at the party’s national conference in December, races against the clock to clear his name before nominations for the ANC’s top leadership position open in August.

Mkhize is yet to publicly speak about his presidential ambitions, however, given the weekend’s runaway victory of the Taliban faction of the ANC aligned to him in the KwaZuluNatal provincial ANC elections.

Insiders say that it is only a matter of time before the province officially announces Mkhize as their candidate for the top position.

Business Day also understands that Mkhize, along with the newly elected ANC KwaZulu-Natal leadership including chair Siboniso Duma held high level meetings with ANC Gauteng leaders on Thursday in a bid to sway the Gauteng leadership to support Mkhize’s leadership campaign.

Clearing his name of corruption allegations before the leadership contest is crucial for the former health minister, who resigned last year in the wake of the SIU’s investigation and report that said the irregular R150m health department contract was awarded to his associates.

In a letter sent to the SIU from lawyers acting on behalf of Mkhize, and seen by Business Day, the former health minister accuses the law-enforcement body of not providing them with complete transcripts of the SIU’s key witness, referred to as Ms Matsoso.

The presidency’s spokesperson, Vincent Magwenya, declined to comment on the matter, saying that it is a continuing investigation.

On Wednesday, Mkhize’s attorney Thando Mbili asked the SIU to provide full transcripts of witness statements, as well as court-ready documents that are “indexed and paginated”, so that Mkhize can complete his court bid to oppose and set aside the SIU’s findings against him.

“We remind you that your key witness, whose evidence you rely on to allege that Dr Mkhize interfered with procurement processes, is Ms Matsoso. Despite us repeatedly requesting that you furnish us with all the transcripts of her interviews, you have failed to do so. From a quick perusal of the one transcript submitted to us, it is evident that you have elected to give us an incomplete transcript of one of the interviews held,” the attorney said in a letter.

Mkhize’s legal team said they were also awaiting proof of a cabinet resolution that GCIS (government communications) was responsible for the NHI and Covid-19 campaigns.

An SIU investigation in 2021 found that the awarding of the health ministry contract to Digital Vibes to deliver on the National Health Insurance (NHI) and Covid-19 media campaigns was irregular, as were subsequent extensions and modifications of the contract.

The matter was handed to the NPA in July 2021. In August, Mkhize resigned from his post as health minister.

A further SIU report handed to Ramaphosa in September 2021 concluded that Mkhize had directly influenced the department of health’s decision to award a R150m contract to Digital Vibes, and that he and his family had allegedly benefited financially from the deal, which Mkhize has denied.

SIU spokesperson Kaizer Kganyago said that the unit had responded accordingly to all requests for transcripts from Mkhize’s legal team.

“There has been a request for transcripts between the SIU and Mr Mkhize’s legal representatives. SIU has responded accordingly to the requests. As the matter is pending in court, SIU cannot comment further as doing so would have the potential to prejudice the litigation process,” he said.

DESPITE US REPEATEDLY REQUESTING THAT YOU FURNISH US WITH ALL THE TRANSCRIPTS … YOU FAILED TO DO SO

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2022-07-29T07:00:00.0000000Z

2022-07-29T07:00:00.0000000Z

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