Masuku’s review application to be heard by a full bench

Bandile Masuku
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Former Gauteng Health MEC Dr Bandile Masuku’s review application to be heard in court following a case management meeting held on Thursday by the High Court Judge President S Potterill in Pretoria.

The court will hear out Masuku’s matter on the 21st of January 2021, following further exchange of legal papers by the parties in the matter over strict timelines from the 20th of November 2020 and by the 7th of December 2020 to allow the judges to consider the matter.

Dr. Bandile Masuku is challenging the SIU findings that resulted in him being fired. This after the Special investigating Unit found that Masuku failed to execute his functions in compliance with the Constitution and the Public Finance Management Act relating to the procurement of Personal Protective Equipment.

A statement from Masuku’s legal team highlights the importance of the matter.

“The matter strikes at the core of the very foundational principles of good governance in South Africa, among which include, the separation of powers and the distinct roles between Executive Authorities and Accounting Officers in government, the principles and practice of executive oversight, the powers and mandate of the Special Investigative Unit (SIU) and the principles of administrative fairness and justice, all which our client firmly believes must be clarified in order to restore confidence in our governance models, accountability, decision-making processes and law enforcement,” reads the statement.

Masuku is yet to receive a charge sheet from the African National Congress’s Provincial Disciplinary Committee even after more than 20 days after his temporary suspension was implemented.

The statement went on to explain Masuku’s options: “Our client is considering his legal options to protect his membership rights in line with the expectations of Rule 25.57.4 and 25.57.5 of the ANC Constitution which requires that a member be afforded the opportunity to comment on the charges before he is placed on suspension. We have no doubt that a fair and impartial court of law, will find in our client’s favour and grant our client the relief he seeks so that in the end, justice can be done and be seen to be done,” reads the statement.

Full statement from Bandile Masuku’s legal team: