Opposition MPs on Friday morning were angered by the no-show of Health Minister Dr Zweli Mkhize in Parliament to account for the controversial R150 million contract awarded to a company owned by his close associates, Digital Vibes.
Mkhize was expected to appear virtually before the parliament’s Health Portfolio Committee amid a Special Investigating Unit (SIU) probe into the irregular contract, but could not attend the meeting because of a legal opinion he received.
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The committee’s chairperson, Dr Sibongiseni Dhlomo, apologised for the minister’s absence, saying he was advised not to brief MPs on the investigation because he is implicated in the matter.
“I last spoke to the minister last night [Thursday] and he indicated to me that he has been advised that because his name is involved in the investigation, legally it is not correct for him to be the one leading the delegation to brief us,” he said.
Dhlomo said the department’s director-general (DG), Dr Sandile Buthelezi, would instead speak on the minister’s behalf.
ANC MP Tshilidzi Munyai led the majority of the party’s parliamentarians who said the committee should allow law enforcement agencies to conclude their investigations before Parliament call Mkhize to account.
Munyai said Buthelezi should not brief the committee because of the DA on Thursday laying criminal complaints at the Cape Town Police Station against Mkhize and Buthelezi over the contract, and that therefore the matter was supposedly sub judice.
“It is not only the minister that has been reported before the police station in Cape Town by the DA, it is also the director-general, which means what he may say may be used against him in a court of law. That is the view from the ANC,” Munyai said.
He said the ANC was not protecting Mhkize and the party was against corruption.
Opposition MPs objected to this, saying the matter was not before the courts and Parliament had a duty to hold the executive to account.
DA MP Siviwe Gwarube said the matter was not before any court of law as yet, as it was still being investigated by the South African Police Service and the SIU.
“The sub judice rule is no reason for people not to account to the committee, and so a matter that has been reported to the police and also the SIU is not sub judice … If the DG had accepted the invitation to come and present here, then there is no reason now why that case must be used as an excuse why he can’t say any more,” Gwarube said.
EFF MP Naledi Chirwa said the health department was not respecting the committee as it had previously briefed it on the developments surrounding the Digital Vibes contract.
She said she could not understand why the minister or his deputy could not appear before the committee.
“If there is anything that this meeting particularly confirms is that the calls for Minister Mkhize to step down are then justified. He obviously can longer do his job together with the DG,” she said.
Earlier, Buthelezi said he would not go into much detail as he was also implicated in the investigation.
He spoke about the forensic investigation the Department of Health commissioned, which he said also formed part of the SIU probe.
“This matter is now with law enforcement agencies and I’m directly implicated in terms of the case that was opened yesterday. It would be very difficult to go into the details,” Buthelezi said.
The committee concluded that it would seek a legal opinion on whether the minister was right not to pitch up for the meeting.
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