Former Gauteng health department chief financial officer Kabelo Lehloenya has failed in her third party notice bid to have Premier David Makhura held personally liable in the personal protective equipment (PPE) saga.
In a judgment sent to the parties electronically on Monday, Judge Lebogang Modiba of the Special Tribunal ruled against Lehloenya in her attempt have Makhura joined in the civil recovery proceedings before the tribunal.
Modiba dismissed Lehloenya’s third party claims against Makhura - in his personal and official capacity - and the Gauteng Provincial Government (GPG). Her bid against the Department of Health’s Arnold Malotana, Thandiwe Lorraine Pino and head of department Professor Mkhululi Lukhele was also dismissed.
Lehloenya wanted Makhura and the officials to contribute to any amount she is found liable for by the Special Investigative Unit (SIU).
In his ruling, Modiba said: "Ms Lehloenya has failed to establish a proper legal basis for the joinder of Premier Makhura in his official and personal capacity, the GPG, Professor Lukhele, Mr Malotana and Ms Pino under the third party notice either as joint, alternatively concurrent wrongdoers. She has also failed to establish a proper legal basis against the GPG and Premier Makhura as its executive head in terms of vicarious liability or unjustified enrichment or restitution."
Modiba said Lehloenya’s attempts to have Makhura joined in the proceedings was "nothing but a desperate attempt to entangle Premier Makhura in these proceedings".
Her attempts against officials also failed.
News24 previously reported that Lehloenya was accused of signing off on irregular PPE contracts to the tune of R2-billion.
The Special Investigating Unit (SIU) wants to recover money the government lost when Lehloenya, in her capacity as CFO, awarded contracts worth R29.6-million to Ledla Structural Development and Beadica 423 in 2020 for the procurement of Covid-19 PPE items.
However, she has denied that she breached her contract of employment, adding that there was nothing irregular in the awarding of the contracts to Ledla.
The SIU also alleges that Lukhele failed to take appropriate steps to prevent the alleged breaches by Lehloenya. The SIU is seeking relief from Lehloenya and Lukhele in both their professional and private capacities.