Thread by @TribunalSpecial

Judgment: Third Party notice application in the matter between Mantsu Kabelo Lehloenya and Gauteng Premier, Manemolla David Makhura and Others (GP/11/2020)

The Special Tribunal will deliver judgment in the above-mentioned matter tomorrow (Monday) at 10H00.

On the 19th August 2021 the Special Tribunal heard three interlocutory applications, namely, exception, application to strike out and a special plea.
This followed the third party notice application brought against the Premier by Ms Lehloenya, former CFO of the Department

Of Health.
Ms Lehloenya sought to secure a joinder of seven parties in the main civil recovery action by way of a third party notice. She sought indemnity or contribution in the event that she is held liable for the loss suffered by the Gauteng Government when contracts of the

PPE items were awarded to Ledla Structural Development (Pty) Ltd and Beadica 423 CC.
Ms Lehloenya had sought join Makhura (1st respondent), Gauteng Provincial Government (2nd respondent), Mkhululi Lukhele (3rd respondent), Arnold Lesiba Malotana (4th respondent),

Thandiwe Loraine Pino (5th respondent),and Ledla Structural Development (6th respondent).
Makhura was cited both in his personal and official capacities. The Special Tribunal heard during the hearing of arguments that Makhura took two steps to the third party notice. Firstly, he

sought to have the third party notice struck out as an irregular proceeding. Secondly, he excepted on the basis that it failed to disclose the cause of action.
Lukhele filed a special plea to the application, which Lehloenya opposed.
Lehloenya sought no relief from

Ledla Structural Development AND Beadica. The two were joined to the third party proceedings due to the interest they may have on the matter, the Special Tribunal heard during arguments.
The Special Tribunal heard the interlocutory issues separately from the rest of the issues

in the main application.
In the main action, the SIU' s cause of action against Lukhele (former Gauteng Health HOD) and Lehloenya is for breach of various Constitutional, statutory and regulations duties that arise out of their employment contracts with the Gauteng Government.

The SIU alleged that it's investigations uncovered that said contracts were awarded irregularly and unlawfully in breach of the procurement system causing the Department to incur irregular, fruitless and wasteful expenditure in the amount of millions of rands.

As against Lehloenya, it is alleged by the SIU that contrary to his employment contract he had failed to take appropriate steps to prevent the alleged breaches.
Furthermore, it was argued before Judge Lebogang Modiba that the two have forfeited state protection.

Both Lukhele and Lehloenya are opposing the main action and have their pleas (including the amended plea by Lehloenya).
During the hearing of arguments, Lehloenya, through her Counsel, Adv Sunday Ogunronbi, submitted that Makhura, as Premier, had a legal duty to

ensure that the centralized procurement system does not result in the conclusion of unlawful contracts. It was contended that he, together with the Gauteng Government, be declared joint wrongdoers, alternatively, jointly and severally liable for the alleged losses.

Lehloenya has since left the Department.
Counsel for Makhura, Adv Ngwako Maenetje SC, made submissions opposing Lehloenya's posture. The three interlocutory applications were heard on the week in which Lehloenya was due to stand trial in the main application.

Judge Modiba reserved judgment on thr 19th of August and will hand it down at 10H00 tomorrow.

Enquiries: Selby Makgotho
Special Tribunal Spokesperson
0829075082