The Labour court has dismissed Gauteng health’s head of department Dr Lesiba Arnold Malotana’s urgent attempt to overturn his precautionary suspension, ruling that the decision by premier Panyaza Lesufi was justified and based on compelling evidence.
Judge Benita Whitcher found Malotana’s application “contrived and misconceived,” saying the Special Investigating Unit (SIU) report underpinning his suspension presented credible and serious allegations of misconduct.
According to the court, the SIU report, which Malotana had been given, laid out a “compelling prima facie case” requiring further investigation.
Whitcher said Lesufi was not required to quote the Senior Management Service handbook (SMS) word-for-word, as the substance of the allegations clearly met the criteria for a precautionary suspension.
Malotana had argued that Lesufi failed to apply his mind and merely followed the SIU’s recommendation to suspend him, claiming the report made no definitive findings against him. He also insisted his presence could not interfere with the investigation because the SIU is an external body.
However, the court said senior officials with access to internal systems, documents, and staff pose an inherent risk of influencing witnesses or concealing information, making suspension “the only possible rational outcome”.
The matter was dismissed with costs.
Malotana was suspended in October following an SIU probe and a lifestyle audit, which raised red flags about undisclosed bank accounts, unexplained cash deposits totalling R1.6m, irregular financial transactions involving companies linked to Gauteng health contracts, and an unregistered livestock and vegetable business operating without proper agreements.
Court papers note that Malotana failed to provide a loan agreement for R300,000, which he claimed he got from a bank, did not reconcile multiple deposits, and gave explanations that contradicted on-site inspections.
He had sought to return to work and have his suspension declared unlawful.
Sowetan
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