Health Department ‘will support law enforcement’ in Digital vibes probe

Health Department ‘will support law enforcement’ in Digital vibes probe

Senior parliamentary legal advisor Siviwe Njikela says the sub judice rule cannot be used to avoid accountability before Parliament.

Department of Health meeting in Greyville.
Steve Bhengu

Njikela briefed Parliament’s health committee on the Digital Vibes tender scandal.


He told MPs that Health Minister Zweli Mkhize, who has since been placed on special leave due to his links to the scandal, did not have the legal right not to appear before committee earlier this month.


“Our view is that a mere investigation by the police or special investigating unit does not evoke the application of the sub judice rule. The second point is that even where a matter is ending before the court of law, the sub judice rule cannot be applied in a manner that may compromise the constitutional mandate of Parliament of exercising oversight over their executive.”


The Digital Vibes Communication company was awarded a R150m contract for communication work.


The contract had initially focused on the National Health Insurance scheme but was expanded last year to include Covid-19 communication work.


The company is owned by Mkhize’s former private assistant Tahera Mathera and former spokesperson Naardhira Mitha.


Meanwhile, the acting Minister of Health Mmamoloko Kubayi-Ngubane, has assured Parliament that the department will support all law enforcement efforts.


“My discussing with the director-general was that we need to provide full support to the investigators, provide them with the necessary information that they may need or require. Any  law enforcement that approaches us requesting information we can assure that we will cooperate and provide necessary information and support needed.



“Our responsibility is to ensure that we do not compromise the process or tamper it in such a way that we end up with no outcome.”


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