Labour Court Delivers Blow to Gauteng Health HOD as Suspension Stands Amid Procurement Scandal

Suspended Gauteng Health HOD Loses Court Challenge as Judge Cites “Serious Misconduct” Concerns

The turbulence inside the Gauteng Department of Health deepened this week after the Labour Court dismissed suspended head of department Lesiba Malotana’s attempt to overturn the precautionary suspension that has kept him out of office since October.

For a province still reeling from years of corruption scandals, from PPE fraud to the assassination of whistle-blower Babita Deokaran, the ruling adds another layer to an already troubled public health narrative.

A Bid to Return to Work, Rejected With Costs

Malotana, suspended by Premier Panyaza Lesufi following explosive findings by the Special Investigating Unit (SIU), argued in court that his suspension was irregular and outside the limits of Lesufi’s powers under the Public Service Act.

But Judge Benita Whitcher was not convinced.

In a sharply worded judgment, she dismissed Malotana’s application with costs, calling it “fundamentally flawed and incorrect.” She said the Premier’s decision was both lawful and rational, and that the SIU had presented “believable allegations of serious misconduct” allegations strong enough to justify immediate removal from office.

Whitcher emphasized that keeping Malotana in his role would pose a real risk to the integrity of the ongoing investigation, as he held significant authority that could influence witnesses, records, or processes.

Her reasoning echoed public sentiment: the allegations were too serious to ignore.

The Allegations: R8 Million in Bribes and Tender Manipulation

Malotana’s suspension stems from allegations linking him to a procurement syndicate operating within Gauteng’s health structures.

The SIU report centres on claims that Malotana and two senior officials, Edgar Motha and Sheriff Lecholo, allegedly received R8 million in bribes.

The investigation dates back to 2016 and 2017, where supply chain processes were allegedly manipulated to benefit a company called BAS Medxpress.

These details first surfaced publicly through an AmaBhungane exposé based on a whistleblower affidavit an affidavit from a whistle-blower who admitted participating in the tender-rigging scheme.

The story has long hovered over the department, resurfacing now as the SIU digs deeper.

Gauteng Health’s Troubled Legacy: The Shadow of Tembisa Hospital

The Gauteng Department of Health has struggled to escape the shadow cast by widespread corruption, most infamously the revelations that over R2 billion was siphoned from Tembisa Hospital through dubious procurement.

The same scandal led to the assassination of Babita Deokaran on 23 August 2021, a murder that stunned the nation and intensified calls for accountability within the health system.

Against that backdrop, Malotana’s suspension is viewed not as an isolated case but as part of a broader reckoning within Gauteng’s public healthcare sector.

Lesufi Welcomes the Ruling: “We Must Protect the Integrity of Our Departments”

Following the judgment, Lesufi said the ruling affirmed the provincial government’s commitment to ethical governance, especially in crucial service departments like health.

“We cannot allow actions that undermine public trust or hinder our ability to deliver quality services to the people of Gauteng,” he said.

The Premier’s statement struck a firm tone, suggesting no appetite for compromise when it comes to procurement corruption, particularly given the department’s painful history.

Public Reaction: Relief, Anger, and the Usual South African Cynicism

On social media, the public response was mixed but passionate:

• Some praised the ruling, saying it reflected a long-overdue shift toward accountability.

• Others questioned why it took years for action, especially since the allegations date back to 2016.

• A few users pointed to Deokaran’s murder, arguing that suspensions aren’t enough they want convictions.

• And of course, South Africans being South Africans, some comments joked that “precautionary suspension” often means “paid holiday,” and called for harsher measures.

The reaction underscores how deeply corruption in healthcare has affected public confidence.

What This Means Going Forward

The court’s decision doesn’t determine guilt, but it does clear the way for the SIU to continue its investigation without interference.

If the allegations hold, the case could signal the beginning of a much broader cleanup within the department. If they don’t, the province will have to reckon with why its top health officials were linked to scandals of this magnitude.

For now, one thing is clear:
Malotana won’t be returning to his office anytime soon and Gauteng’s health sector is far from done with its internal reckoning.

{Source: The Citizen}

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