State Capture| Former North West health HOD fraud case start off

by Thys Khiba
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High Court of South Africa; North West Division

By Thys Khiba – Former head of the North West health department, Dr Andrew Lekalakala’s fraud case commenced at the High Court of South Africa; North West Division on Tuesday, 08 August 2023.

His court appearance comes after the alleged fraudulent awarding of a contract for mobile clinics to Mediosa Health Pty (Ltd) in February 2017. This is a company linked to the Guptafamily.

High Court of South Africa; North West Division

High Court of South Africa; North West Division. Photo Supplied


Lekalakala
is facing two charges of fraud, one of contravening the Public Finance Management Act (PFMA) and another, in terms of the Prevention and Combating of Corrupt Activities Act (PRECCA).

The mobile clinics were introduced to service rural communities in the province.

It is alleged that Mediosa Health received an upfront payment of R30 million.

Meanwhile Lekalakala is alleged to have received gratification in a form of a trip to India, accompanied by his spouse and his associates.

“The state also intends to prove that the service level agreement was signed on this trip and not at the Department of Health offices,” said Mamothame.

In Court

The case started with cross-examination of a state witness, who worked for the National Department of Health at the time the fraud allegedly occurred.

The State is also expected to call on more witnesses during the trial.

Free State

Mamothame indicated a similar project was already being implemented in the Free State province.

The accused, as the then accounting officer, allegedly decided to take part in the same contract.

It is alleged that Lekalakala elected to apply the Treasury Regulations that allow for participation in an existing contract arranged by another organ of state, with the same contract terms.

Mamothame said: “It was however discovered that the awarding of this contract did not comply with Treasury Regulations and the project was not budgeted for.

“The accused also falsely indicated during a management meeting that the service by Mediosa Health was a National Department of Health initiative that would be rolled out to other provinces.

“He further lied that there was compliance with the Treasury Regulations,” Mamothame said.

Lekalakala is still out on an extended R5000 bail.

Meanwhile, in 2021, Lekalakala and former finance MEC Wendy Nelson were acquitted on fraud charges by the high court in Mafikeng.

This is relation to his appointment to the position of superintendent-general in the health department. Nelson was chairing the panel during the interview.

She was accused of recommending Lekalakala for the senior position, while she allegedly knew of Lekalakala’s misinterpretation on the Z83 job application form.

 

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