“After careful consideration of the judgment and consulting his legal team on further appropriate action, our client has instructed his legal team not to appeal the judgment of the full court,” Masuku said through his attorney Mojalefa Motalane.
“This decision is primarily because the court’s latter findings are unequivocally exculpatory and thus removed all the public doubt that had until recently lingered, on whether Dr Masuku was involved in any Covid-19 procurement corruption and/or irregularities.”
The court found that though Masuku had no case to answer on the corruption allegations, which the SIU conceded, he had failed to discharge his oversight role.
The judgment has, according to Masuku, exonerated him from any allegations of illegality which had tainted his name professionally and in a personal and political capacity, as well as his career.
He said the SIU which he claims was hell-bent on finding him guilty during its investigation “relied on irrelevant legislation and in this regard the court found that ‘some linkages between the MEC’s role and the statutory and regulatory provisions are strained, but they really do not go beyond hyperbole’”.
Masuku is satisfied that the court judgment has done enough to clear his name and would now be appealing his suspension with the ANC’s national disciplinary committee.
“Though the high court review application was a separate process, Dr Masuku is happy and hopeful that such an exoneration by the court will have a positive impact on the internal disciplinary processes of the ANC,” Masuku’s attorney said.
“Dr Masuku has officially lodged an appeal with the national disciplinary committee (NDC) of the ANC with the aim of overturning the ruling of the provincial disciplinary committee which made serious errors of judgment. The NDC is yet to sit and make a ruling.”