The North West High Court has postponed a case of fraud against former head of provincial department of health Andrew Lekalakala to February 12 for further trial.
Lekalakala is out on R5 000 bail and, according to his lawyer, he will be undertaking a business trip overseas.
The state did not oppose the planned overseas trip as Lekalakala’s bail conditions do not prevent him from travelling in and out of the country.
Henry Mamothame, regional spokesperson for the National Prosecuting Authority, explained: “The matter had to be adjourned following an objection by Lekalakala’s attorney on evidence that was presented by the deputy director-general of the North West department of health, Konred Motlhabane.
“He testified on proceedings of the portfolio committee on health at the North West provincial legislature.
“The court subsequently ordered for the state and defence to submit heads of arguments by 18 August 2023, supplementary heads by 23 August 2023, and for virtual arguments to be made on 4 September 2023 for the court to make a ruling on the admissibility of the evidence.”
Lekalakala, 58, is charged with fraud, contravening the Public Finance Management Act, and breaching the Prevention and Combating of Corrupt Activities Act.
The charges relate to alleged fraudulent awarding of a contract for mobile clinics to Mediosa Health, a company linked to the infamous Gupta family in February 2017.
The mobile clinics were meant to service rural communities in North West.
Mamothame said the accused was ready to dig his hands into a similar project.
“A similar project was already being implemented in the Free State and Lekalakala, as the then accounting officer, allegedly decided to participate in the same contract,” he said.
“He elected to apply the Treasury regulations that allow for participation in an existing contract arranged by another organ of state, with the same contract terms.”
However, said Mamothame, the accused was stopped in his tracks
“It was discovered that the awarding of this contract did not comply with Treasury regulations and the project was not budgeted for.
“The accused also falsely indicated during a management meeting that the service by Mediosa was a Department of Health initiative that would be rolled out to other provinces.
“He further lied that there was compliance with Treasury regulations.”
Mamothame said Mediosa allegedly received an upfront payment of R30-million and Lekalakala is alleged to have received gratification in the form of a trip to India.
On the trip, Lekalakala was accompanied by his spouse and associates.
Mamothame said the former head of the health department Free State, Dr David Motau, has wrapped up his testimony.
“He testified that permission was not granted to Lekalakala to participate in the programme as required by Treasury regulations,” said Mamothame.
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