The Special Tribunal has ordered an Emergency Medical Services (EMS) company to pay back undue benefits gleaned from R500 million worth of unlawful tenders awarded by the Free State Health Department.
The tribunal ruled that the tenders Buthelezi EMS and its associated companies were awarded for inter-facility emergency medical services were unlawful, unprocedural and unconstitutional.
The Special Investigating Unit (SIU) had instituted civil proceedings in the tribunal to have tenders totalling some R532 789 770 awarded to the company and its affiliates reviewed and set aside.
“Buthelezi and associated companies have been ordered to submit audited statements for expenses incurred, income received, and profit made under the unlawful contracts. Furthermore, the Tribunal ruling…ordered that Buthelezi pay the legal costs of the application and the SIU’s legal representatives.
“The SIU investigation into Buthelezi EMS contracts was initiated through Proclamation 42 of 2019. The order of the Special Tribunal is part of implementing SIU investigation outcomes and consequence management to recover financial losses suffered by State institutions because of corruption or negligence,” the SIU said.
Furthermore, any criminality will be referred to the National Prosecuting Authority.
“The SIU is empowered to institute a civil action in the High Court or a Special Tribunal to correct any wrongdoing uncovered during investigations caused by corruption, fraud, or maladministration. In line with the Special Investigating Units and Special Tribunals Act 74 of 1996, the SIU refers any evidence pointing to criminal conduct it uncovers to the National Prosecuting Authority for further action,” the SIU said. – SAnews.gov.za
