The Special Tribunal has heard how former Gauteng Health Department chief financial officer (CFO), Kabelo Lehloenya, failed to make a case in her efforts to implicate the Gauteng government, Premier David Makhura, and former head of department, Mkhululi Lukhele.
Lehloenya has filed a third-party notice at the tribunal, seeking to implicate them in the recovery processes against her which were instituted by the Special Investigating Unit (SIU).
This was after its findings against her in the province’s personal protective equipment (PPE) scandal, revealing how undue payments amounting to billions of rand were made to service providers.
Although Judge Lebogang Modiba has reserved judgment in the matter against Lehloenya, Lukhele and the Health MEC, she did not hold back when she found gaps in the former CFO’S submissions.
The judge poked holes in Lehloenya’s reliance on the Apportionment of Damages Act and vicarious liability in her attempt to implicate the Gauteng premier and government as joint wrongdoers, should the Special Tribunal find her guilty.
“The difficulty here is that the SIU’s case, the plaintiff’s case, is not based in delict so there is never going to be this finding. So, she wants to rely on this finding of joint wrongdoing in the third part case but she is not going to get it. She is not going to get this finding in the primary case.”
Lehloenya’s lawyer, Sunday Ogunrobi, insisted that joint wrongdoers were liable in common law.
Next week, the Special Tribunal will hear a case regarding a similar matter – this time in the Free State province.
-EWN
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