SIU to oppose review application of digital vibes report brought by former Health Minister Dr Zweli Mkhize

20 October 2021

The Special Investigating Unit (SIU) has noted the court application brought by former Health Minister Dr. Zweli Mkhize in the High Court, to Review the findings and recommendations of the SIU Report relating to investigations into Digital Vibes communication tender awarded by the National Department of Health. The SIU has further noted the publications by various media platforms in this regard.

The SIU received Review Application papers on Tuesday, 19 October 2021 and will oppose the matter.

The process is subject to the High Court Rules. In line with the High Court Rules the SIU has time until 9 November 2021 to file a Notice of Intention to Oppose and the SIU will only be required to file its answering or opposing affidavit 30 days after Dr. Mkhize has had an opportunity to consider the proposed Rule 35 Record and has decided whether he would like to supplement his papers.

The Review Application by Dr. Mkhize does not suspend the implementation of the SIU Report. On 29 July 2021, the SIU instituted civil proceedings in the Special Tribunal under Case No. KN 03/2021 to review and set aside the Digital Vibes contracts with the NDOH.

The SIU is also seeking the repayment of amounts received by a number of Respondents, including a total amount of R 22 million that was already frozen by means of a Tribunal Order that was obtained on 17 June 2021. One of the Respondents that received money from Digital Vibes contract paid back R11,542,710 in August.

On 15 October 2021 during a Case Management Meeting held in the Special Tribunal, the Special Tribunal made it clear that the SIU Review proceedings will continue uninterrupted by the then proposed Review Application to be brought by Dr. Mkhize, and that if Dr. Mkhize wanted to try to stay the SIU Review proceedings, then he would be required to apply for Stay of those proceedings, which the SIU will oppose.

As the matter is now pending in the High Court, the SIU will not be making further public statements or comments on the matter.

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Issued by Kaizer Kganyago on behalf of SIU, 20 October 2021