11 August 2023

In a recent development, the High Court of South Africa, North West Division, has postponed the fraud case involving Dr. Andrew Lekalakala, the former head of the Department of Health in the North West. The trial, which revolves around allegations of fraud and mismanagement of public funds, has been adjourned to 12 February 2024. This postponement comes as the court addresses an objection raised by Lekalakala’s attorney regarding the admissibility of evidence presented during the proceedings.

The case centers on the alleged fraudulent awarding of a contract for mobile clinics to Mediosa Health Pty (Ltd) in February 2017, a company reportedly linked to the Gupta family. Dr. Lekalakala faces charges related to fraud, contravention of the Public Finance Management Act (PFMA), and contravention of the Prevention and Combating of Corrupt Activities Act (PRECCA).

The Deputy Director General of the North West Department of Health, Konred Motlhabane, provided testimony on the matter, focusing on proceedings of the Portfolio Committee on Health at the North West Provincial Legislature. Following this testimony, the court has called for both the state and the defense to submit heads of arguments by 18 August 2023 and supplementary heads by 23 August 2023. Virtual arguments will be heard on 4 September 2023 to rule on the admissibility of the presented evidence.

According to the charges, the contract awarded to Mediosa Health was allegedly not compliant with Treasury Regulations, and the project was not budgeted for. Additionally, it is claimed that false information was given during a management meeting regarding the nature of the initiative and compliance with Treasury Regulations.

The case further suggests that Lekalakala received a trip to India as gratification for his role in the contract, and the state intends to prove that the service level agreement was signed during this trip rather than at the Department of Health offices.

Dr. David Motau, the former head of department at the Free State Department of Health, has completed his evidence and cross-examination. Motau’s testimony highlighted that proper permission was not granted to Lekalakala to engage in the contract, as required by Treasury regulations.

While the trial will resume next year, Lekalakala remains out on R5000 bail, and his overseas business trip has been approved by the court, as it does not violate his bail conditions.

-The VIP team

-NPA

-NW SAPS