Before adjourning, the judge heard that there was a mistake when banks froze all the accounts and not those affected by the interim order.
Mothle clarified that freezing bank accounts of respondents is applicable only to the extent specified in the order.
“If a respondent has one account, the banks are only allowed to freeze the amount specified in the order,” he explained.
He ordered his administrators to amend the order and the SIU to communicate with banks.
In August, the tribunal granted an urgent application by the SIU to freeze R38.7m held in the contractors' bank accounts. The companies are linked to a Gauteng health department PPE tender that was allegedly irregularly obtained.
The tribunal is chaired by judge Gidfonia Mlindelwa Makhanya and has a statutory mandate to recover public funds syphoned from the fiscus through corruption, fraud and illicit money flows.
In the interim order, the tribunal interdicted the Gauteng department of health from making further payments to Ledla Structural Development (Pty) Ltd and 39 other respondents.
Bank accounts frozen as SIU takes on PPE fraud - but Gauteng health MEC Bandile Masuku's is not one of them
Special Tribunal hearing postponed to November 20 and 21
Reporter
Image: Thapelo Morebudi/The Sunday Times
Suspended Gauteng health MEC Bandile Masuku might be named among 44 respondents that the Special Investigating Unit has flagged over allegedly dodgy personal protective equipment tender irregularities, but his account was not one of those to be frozen.
The Special Tribunal of SA on Monday was meant to hear arguments in the matter between the SIU and the 44 respondents - including Gauteng-based contractors - involved in the supply and delivery of Covid-19 personal protection equipment (PPE).
Masuku’s name appears as respondent 41.
TimesLIVE had earlier been informed that Masuku's was one of the accounts that had been frozen - but Special Tribunal spokesman Selby Makgotho later backtracked after a complaint from Masuku, who has been placed on "special leave" pending the probe.
Makgotho said that the freezing of the bank accounts applied only to respondents one to 39.
"There was an error indicating that all the 44 respondents had their bank accounts frozen. This is incorrect. As per the Special Tribunal order only respondents one to 39 have their accounts frozen.
"MEC Bandile Masuku is cited as respondent 41. However, the order freezing the accounts does not extend to him," Makgotho told TimesLIVE on Monday night.
'Some items more than double, even five times the price': A-G on PPE scandal
Judge Billy Mothle postponed the hearing to November 20 and 21 because some respondents were not ready with their papers. He expressed the desire to start proceedings as soon as possible after some respondents requested a date in December.
“An order was made in August and all respondents had five days to state if they were opposing the order. They also had an additional 15 days to file answering affidavits,” Mothle said.
Before postponing the hearing, the judge granted all 44 respondents until October 12 to file their papers. “After this date I’m not accepting any affidavits,” he said.
He also cautioned that all respondent should file their head of arguments no later than October 28. “I want to finish this matter before the end of November,” he said.
Gauteng health MEC Bandile Masuku to know his fate by Friday
Before adjourning, the judge heard that there was a mistake when banks froze all the accounts and not those affected by the interim order.
Mothle clarified that freezing bank accounts of respondents is applicable only to the extent specified in the order.
“If a respondent has one account, the banks are only allowed to freeze the amount specified in the order,” he explained.
He ordered his administrators to amend the order and the SIU to communicate with banks.
In August, the tribunal granted an urgent application by the SIU to freeze R38.7m held in the contractors' bank accounts. The companies are linked to a Gauteng health department PPE tender that was allegedly irregularly obtained.
The tribunal is chaired by judge Gidfonia Mlindelwa Makhanya and has a statutory mandate to recover public funds syphoned from the fiscus through corruption, fraud and illicit money flows.
In the interim order, the tribunal interdicted the Gauteng department of health from making further payments to Ledla Structural Development (Pty) Ltd and 39 other respondents.
Makhura waiting for SIU report to decide on health MEC's fate
The same order also interdicted the Government Employee Pension Fund (GEPF) from releasing the pension money and benefits to the former departmental CFO, Mantsu Kabelo Lehloenya, pending the institution of civil proceedings before the tribunal.
Companies and individual accounts at the centre of the PPE scandal are:
Royal Bhaca Projects is owned by Thandisizwe Diko, who is married to President Cyril Ramaphosa's spokesperson Khusela Diko.
Diko and Masuku are on special leave during the investigation.
Masuku's fate will be known by Friday at the latest after Gauteng premier David Makhura indicated he had been receiving regular updates from the SIU on the investigation into procurement irregularities regarding PPE.
Several other officials were implicated in the SIU report, including the head of the provincial department of health, Prof Mkhululi Lukhele, who resigned last week. He is not included in the list of respondents.
TimesLIVE
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