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Special Tribunal reserves judgment in Digital Vibes case

20 June 2022 - 14:20
The Special Tribunal heard an application for leave to appeal a judgment it passed in April on the application to join six parties in the main Digital Vibes review case. Stock photo.
The Special Tribunal heard an application for leave to appeal a judgment it passed in April on the application to join six parties in the main Digital Vibes review case. Stock photo.
Image: 123RF/Olivier Le Moal

The Special Tribunal on Monday reserved judgment in an application by six companies which have been joined to a review application of the controversial R150m Digital Vibes contract.

In April the tribunal granted the Special Investigating Unit (SIU) its application to have the companies, which are allegedly linked to former health minister Zweli Mkhize’s family, joined together in its review application of the contract.

The companies have been added to the SIU’s review application to have the contract declared unlawful, set aside and have the money paid back to the state.

However, in their appeal, the companies on Monday argued the tribunal erred in its earlier ruling in, and argued a different court might have reached a different conclusion.

They maintained the SIU used the wrong test, and in the correct test the SIU had no course of action and the money had been repaid, so there was no point in proceeding with action against the companies.

In a ruling handed down in April, judge Lebogang Modiba ruled the SIU’s allegations against companies which allegedly benefited from the controversial Digital Vibes contract met the test for a joinder.

In the 24-page judgment, Modiba said the companies the SIU sought to join to the case presented to the SIU “inconsistent versions” regarding the payments they received stemming from funds from Digital Vibes.

Judgment for leave to appeal has been reserved. 

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