The Hawks have confirmed they are investigating matters related to the R150m Digital Vibes scandal after being handed documents by the Special Investigating Unit (SIU) on its probe into the saga.
The elite crime combating unit on Wednesday said it was looking into the matter after the National Prosecuting Authority (NPA) referred recommendations from the SIU for criminal prosecutions to be pursued.
In a damning 114-page report, made public on Wednesday by President Cyril Ramaphosa, the SIU detailed how fraud, corruption and contravention of the Public Finance Management Act allegedly occurred when the department of health irregularly acquired the services of Digital Vibes, which was used as a front by associates of former health minister Dr Zweli Mkhize.
Hawks spokesperson Katlego Mogale said they had launched criminal investigations into the matter.
“The matter is still under investigation and we shall make no further comment on the status of investigation in this regard,” Mogale said.
The SIU, which was granted a preservation order to freeze about R22m held in bank and investment accounts linked to Digital Vibes, has asked the Special Tribunal to set aside the contract for it to recoup the funds.
The SIU report revealed there was evidence “justifying the institution of disciplinary action against Dr Anban Pillay”, the former acting director-general in the department who enabled the appointment of Digital Vibes, run by associates of Mkhize, Tahera Mather and his former personal assistant Naadhira Mitha.
The report also recommended that Pillay be charged criminally as “his conduct or omissions amounted to financial misconduct”.
The report slammed Pillay for contravening sections of the Public Finance Management Act and the prescripts of of the constitution as he displayed gross negligence and fraud in the performance of his official duties.
The report found that Mather and Mitha had committed fraud in that they held out to the department that Digital Vibes was tendering for the NHI media campaign contract, whereas in fact, both used Digital Vibes as a front. The SIU said they hid the fact that they were tendering for the contract and “disguised” this as they were close associates of Mkhize.
Mkhize, Pillay, Mather and Mitha did not respond to Sowetan’s requests for comment on Wednesday.
NPA spokesperson Mthunzi Mhaga confirmed that the prosecuting authority had received the report with recommendations from the SIU but that it was sent to the Hawks for further investigation as it had not been ripe for prosecution.
“When the SIU refers matters to us, those matters are not necessarily ready for prosecution and still require investigations by the Hawks, which is what happened to this report,” Mhaga said.
SIU spokesperson Kaizer Kganyago said they were now involved in case management meetings between their lawyers and those of the 30 people listed as defendants in a matter before the Special Tribunal in which the unit wants the contract to be set aside and monies recovered.
Kganyago said upon completion of the legal process, they intended to follow the money and attach assets that may have been acquired with funds from Digital Vibes.
“The freezing order was based on the money that was in the bank accounts at the time but that doesn’t stop us from going for the whole amount [R150m]; if the court rules in our favour we will get this R22m because the money is already there,” Kganyago said.
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