Special Tribunal dismisses Digital Vibes appeal but matter could head to high court

The daughter-in-law of former health minister Dr Zweli Mkhize lost her bid to challenge a Special Tribunal ruling joining her in the Special Investigating Unit’s bid to recover R150 million unlawfully paid to Digital Vibes, which is owned by her father-in-law’s associates Tahera Maher and Naadhira Mitha. Picture: Nqobile Mbonambi/African News Agency (ANA)

The daughter-in-law of former health minister Dr Zweli Mkhize lost her bid to challenge a Special Tribunal ruling joining her in the Special Investigating Unit’s bid to recover R150 million unlawfully paid to Digital Vibes, which is owned by her father-in-law’s associates Tahera Maher and Naadhira Mitha. Picture: Nqobile Mbonambi/African News Agency (ANA)

Published Sep 7, 2022

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Johannesburg - The Special Tribunal has dismissed a number of applications for leave to appeal in high-profile matters including a challenge by former health minister Dr Zweli Mkhize’s daughter-in-law who received R5 million from Digital Vibes.

Sithokozile Mkhize, the wife of the ex-KwaZulu-Natal premier’s son Dedanimabhunu, had tried to overturn the tribunal’s ruling adding her company Azwakele Trading and Projects, her husband’s company All-Out Trading, businessman Yenziwe Sokhela’s Sirela Trading in the Special Investigating Unit’s (SIU’s) application to review and set aside two R150m National Health Insurance (NHI) and Covid-19 communications contracts.

Sokhela and Dedanimabhunu’s Tusokuhle Farming as well as Cedar Falls Properties 34, which is owned by the erstwhile ANC treasurer-general’s wife Dr May Mkhize, also challenged the Special Tribunal’s order authorising the SIU to add the companies in its bid to have the dodgy contract reviewed and set aside for lack of compliance with the applicable constitutional, statutory and regulatory provisions.

The national health department paid Digital Vibes, owned by Mkhize senior’s associates Tahera Maher and Naadhira Mitha, just over R150m comprising of above R25m for the NHI contract and almost R12m in respect of the Covid-19 deal.

Controversial businessman Hamilton Ndlovu’s bid to challenge the order to repay R172m he received through personal protective equipment (PPE) contracts.

On Wednesday, Special Tribunal president Judge Lebogang Modiba also dismissed Ndlovu’s application for leave to appeal its ruling declaring 19 PPE tenders worth R172m awarded by the National Health Laboratory Service to Hamilton Holdings, Hamilton Projects and Feliham invalid and unlawful.

Ndlovu was ordered to pay back R158m including interest by the tribunal in June.

In the Gauteng health department PPE scandal, LNG Scientific, which won R113m in contracts to supply KN95 and surgical masks and powder-free sterile gloves, was also unsuccessful again at the tribunal.

Caledon River Properties, trading as Magwa Construction, and Profteam CC had their appeals dismissed as well.

The companies were controversially awarded a R41m contract to erect a fence along the South African border with Zimbabwe near Beitbridge.

Judge Modiba found that all the applicants in the four matters have an automatic right of appeal to the full bench of the high court with jurisdiction but dismissed the applications at the tribunal.

She ordered that costs in the four matters be the costs of the imminent high court appeals.

The Saturday Star