KO punch for ex-MEC's fight to save political career

Bandile Masuku loses court bid to declare SIU report irrational

Dr Bandile Masuku.
Dr Bandile Masuku.
Image: Freddy Mavunda/ Business Day

Former Gauteng health MEC Bandile Masuku's bid to set aside a Special Investigating Unit's (SIU) preliminary report on the multi-billion rand Gauteng PPE scandal which found he failed to provide oversight has been dismissed.

The SIU had found that Masuku had failed to execute his functions in compliance with the constitution and the Public Finance Management Act (PFMA) in his oversight of the procurement of personal protective equipment (PPE).

This led to Masuku's sacking as MEC in October last year which saw him launching a court challenge to review it and declare it irrational.

The high court in Pretoria ruled on Monday that the SIU was not irrational in reaching a conclusion that Masuku had failed to provide oversight.

In a 31-page judgment, the court found the SIU "faithfully reported" that Masuku's conduct was found to be wanting.

"To form such an opinion is plainly within its (SIU) scope of functions. No irrationality can exist in the SIU being disappointed by Dr Masuku's discharge of his role," the judgment read.

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