Masuku case should help clarify lines between executive oversight and authority

24 January 2021 - 00:00 By Busani Ngcaweni

This past week, the North Gauteng High Court attended to a review case involving the erstwhile MEC for health in Gauteng, Bandile Masuku, who applied to the court to set aside the adverse findings of the Special Investigating Unit (SIU). In late 2020 the SIU found that Masuku did not exercise executive oversight on alleged acts of corruption in the procurement of personal protective equipment necessary to protect health workers against Covid-19. Masuku contends that he did exercise executive oversight. Judgment has been reserved.

This is potentially a groundbreaking case given what is at stake in terms of politics, public governance and the law. Of interest to political and governance observers are not the legal arguments per se - important and embedded as they are - but the political implications which could have far-reaching implications for our young democracy...

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