SIU welcomes Supreme Court of Appeal order dismissing leave to appeal PPE tender irregularly awarded by Gauteng Health
23 September 2021
The Supreme Court of Appeal (SCA) under Case No. 647/2021 dismissed, with costs, an application for special leave to appeal the Special Tribunal (Tribunal) order(s) dated 10 December 2020 and 4 February 2021 declaring the R 139 million Personal Protective Equipment (PPE) contract, awarded by the Gauteng Department of Health (GDOH) to Ledla Structural Development (Pty) Ltd (Ledla), unlawful and invalid, and ordering the final forfeiture of funds to the State in respect of certain funds that were paid by the GDOH to Ledla.
Initially, Ledla applied to the Tribunal for leave to appeal the Tribunal order(s) of 10 December 2020 and 4 February 2021, but that application for leave to appeal was dismissed by the Tribunal on 25 May 2021. Thereafter Ledla and its two directors applied to the SCA for special leave to appeal.
In its order of 15 September 2021, the SCA dismissed Ledla’s application for special leave to appeal on the grounds that there are no reasonable prospects of success in an appeal and that there is no other compelling reason why an appeal should be heard. This is the second failed attempt by Ledla and its directors to appeal the said Tribunal order(s).
The Special Investigating Unit (SIU) was, in terms of Proclamation No. R. 23 of 2020, directed by President Cyril Ramaphosa to investigate allegations of corruption, malpractice, maladministration and irregularities in the procurement of, and contracting for goods, works and/or services during the Covid-19 state of disaster, and in respect of resulting payments. The SIU investigation revealed that the GDOH irregularly awarded Ledla a contract for the supply and delivery of PPE.