Special Tribunal postpones Gauteng PPE tender matter

The Special Tribunal has postponed arguments in a matter between the Special Investigating Unit (SIU) and 40 Gauteng-based contractors who benefitted from tenders involving the supply of personal protective equipment (PPE) and services during the Covid-19 pandemic.

The tribunal was meant to hear arguments in the Gauteng High Court in Johannesburg on Tuesday.

However, some respondents submitted “a flood” of answering affidavits in the last week – beyond the time the tribunal had specified.

“There are at least five answering affidavits that we’ve had in the last week and some of those are quite lengthy,” advocate Paul Kennedy, for the SIU, told Judge Billy Mothle.

However, Mothle said he needed to wrap up the case before the end of November.

He said the order, granted in mid-August, stated that parties who intended to oppose had to give an indication of that intention within five days. And after five days of receipt of the notice to oppose, they had 15 days to file answering affidavits.

“That is why I find it very difficult to understand why there are people who are still drafting answering affidavits now,” he said.

“Please, those who still have to file their affidavits, we are really bending backwards to accommodate people here. People had the whole of September to do it and we are now in October and people haven’t filed their answering affidavits and that’s what I find very troubling,” the judge said.

The matter was postponed to 20 and 21 November for arguments.

Mothle also gave the parties until Monday, 12 October to file answering affidavits and until 4 November to file their heads of argument.

In August, an urgent SIU application led to the freezing of R38.7 million in the contractors’ bank accounts.

News24 previously reported that the SIU obtained an interim order against entities linked to a Gauteng health department PPE tender that was allegedly irregular obtained.

Among these were accounts linked to Ledla Structural Development, Royal Bhaca Projects and Mediwaste. Bhaca projects is owned by Madzikane II Thandisizwe Diko, the husband of President Cyril Ramaphosa’s spokesperson, Khusela Diko.

The SIU argued that the tender to supply Covid-19 items was unlawfully, irregularly and corruptly awarded to Ledla Structural Development and was awarded at prices which were grossly inflated in excess of market-related prices.

It’s also alleged that Ledla transferred a large portion of the proceeds it received into the bank accounts of various other entities and people.

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