Former North West Health Department head Dr Andrew Lekalakala has failed in his bid to evade fraud and corruption charges relating to a lucrative contract awarded to a company linked to the fugitive Gupta family.

Lekalakala is accused of fraud, corruption, and contravention of the Public Finance Management Act as head of the department, but in contravention of the Public Finance Management Act (PFMA), he represented the department in concluding an agreement with a company named Mediosa for the provision of mobile primary healthcare in certain districts of the North West.

After the conclusion of the agreement, Lekalakala was summoned to a joint session of the Provincial Legislature.

Lekalakala said he was appointed the head of the department and then concluded an agreement with Mediosa to secure and provide mobile primary healthcare in two rural districts of the North West.

He claimed the appointment caused a media frenzy, which led to him, his deputy, and other senior officials being summoned to a joint session of the Legislature.

“I was questioned, or rather interrogated under oath in the presence of the other officials being present for several hours until approximately 5am. I was obliged to answer the questions put to me, whether relevant or not, as per the Provincial Privileges Act,” he explained.

Lekalakala said that during his evidence, he was also several times reminded that he was under oath and that he must speak the truth.

“I experienced the process as being domineering and threatening. I was now and then threatened with a remark ‘that the police must be called, and I must be locked up immediately’. Following my appearance before the committee, a complaint was lodged at the SA Police Service (SAPS),” he maintained.

Lekalakala claimed he was entitled to legal privilege in respect of his evidence tendered before the legislature, or in the alternative, if he is not entitled to legal privilege, he ought to be protected, and that the court needs to make a finding of constitutionality of the North West Immunities Act.

In addition, he wanted the High Court to decide on whether his constitutional right not to incriminate himself was violated, and if he was compelled to attend the Legislature meeting, and was compelled to testify and/or to answer questions of members of the Legislature.

Lekalakala also wanted the court to determine whether the admission of evidence given by the applicant before the legislature would render his criminal trial unfair in terms of the Constitution.

However, the North West High Court dismissed Lekalakala’s application to have the North West Provincial Legislature’s Powers, Privileges and Immunities Act declared unconstitutional on the basis that Lekalakala alleges that it offends his right against self-incrimination.

loyiso.sidimba@inl.co.za

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