Letter from Dr Zwelini Mkhize to President Cyril Ramaphosa, 5 August 2021:
05 August 2021
His Excellency
President MC Ramaphosa
President of the Republic of South Africa
Per Email
Dear Mr President,
RE: SIU INVESTIGATION INTO THE DIGITAL VIBES CONTRACT
Thank you for the meeting held earlier today.
I write this letter to confirm formally that, on advice of my legal team, I will be instituting an application in the High Court for the judicial review of the SIU report.
The report and the findings made by the SIU, are vitiated by what my legal team characterises as its misconduct during the investigation. comprising several identifiable and serious irregularities.
Mr President, it is regrettably clear that the SIU worked with a predetermined outcome and a closed mind in the investigation, proceeded unfairly, and reached a flawed and unfounded report. It is not my intention to burden you with even a summary of the review proceedings to follow, but I believe I owe you at least to outline what they will show.
The SIU had started by drawing adverse inferences and conclusions even before I was heard (to the extent I was heard).
It held back disclosing to me prior to my examination material it intended relying on just minutes later, in the course of what was examination by ambush.
- It disregarded known evidence which contradicted those inferences, and ignored legal submissions without justification, in its dogged pursuit of its predetermined conclusions.
- The SIU, against its remarkable initial resistance, was required at a second sitting by the independent chair of the inquiry (against initial opposition), to receive further evidence and submissions. (I record that the independent chair herself acted impeccably throughout).
- Within less than three hours of the independent chair's ruling, the SIU purported to produce to you, in a grossly misleading way, what purported to be a report on all evidence received. Clearly the SIU had reached its conclusions, and the report had already been written, prior to the second sitting even; clearly no detached and due consideration was given to what the SIU had just fought to keep out
- The SIU's conclusions are further undermined by the disquieting and highly relevant affidavit by the former Director-General which I have submitted to you. Had proper time been allowed, even if the SIU itself had avoided, as it did, seeking her evidence, I would have been able to present this.
I believe that it is important to allow a court to reach an independent conclusion concerning the legality of the SIU investigative process, and the conclusions and findings it made, since our engagements with them. The SIU's conduct and "conclusions" cannot be ignored or left unchallenged.
Mr President, I had initially hoped, as Your Excellency had committed to South Africans, that the SIU investigation and all related matters would be concluded within a reasonably short period. Unfortunately, this has not been the case. While I have respected and cooperated with the SIU from the inception, acting swiftly at all times to co-operate with it (as on record it acknowledged I had done) this cannot be done to my prejudice and in violation of my rights.
Mr President, I remain committed to working under your leadership, and it is an honour for me to serve the people of South Africa in our government’s quest to deliver a better life for all. I am however mindful that it is imperative for you, Mr President, to have a fully functional executive. I have not been able to fulfil my duties as Minister of Health for the past two months, having been placed on special leave.
I have accordingly thought it best that I request the President to allow me to step down in order to bring certainty and stability to this important portfolio
In doing so, I record that I remain committed to the success of your Administration, and that I will continue to seek to be active in public and political service wherever I am required to do.
My legal team will keep the Presidency abreast on my review application.
Thank You Mr President,
Dr Zwelini Mkhize
