Former head of the North West health department Dr Andrew Lekalakala has failed in his court bid to have section 22 of the North West provincial legislature’s Powers, Privileges and Immunities Act declared unconstitutional. The challenged section makes it an offence, punishable as perjury, for anyone who, after being warned, knowingly and corruptly gives a false answer on a material matter before the provincial legislature or its committees. Lekalakala, who is charged with fraud and corruption in the North West High Court, sought a court order declaring the section unconstitutional on the basis that he was compelled to testify before a provincial legislature committee and that such testimony was later sought to be used against him in criminal proceedings.
Lekalakala contended that this violated his privilege against self-incrimination and his right to a fair trial under the constitution. The charges Lekalakjala is facing stem from an agreement he signed with a Gupta-linked company named Mediosa for the provision of mobile primary health care in certain districts in the province. The three-year contract was worth R180m.
After the conclusion of that agreement, Lekalakala was summoned to a joint session of the North West legislature. In a long line of judgments wherein the subsidiarity principle was applied, the Constitutional Court held that constitutional issues should not be adjudicated unless strictly necessary for the determination of the case, and that courts must decide no more than is required to dispose of the matter In his affidavit before the North West High Court, Lekalakala said he was questioned, “or rather interrogated”, under oath in the presence of the other officials for several hours until about 5am. During his evidence, he was also reminded several times that he was under oath and that he must speak the truth.
Read Full Article on Business Day
[paywall]
“I experienced the process as being domineering and threatening. I was every now and then threatened with a remark ‘that the police must be called’, and I must be locked up immediately.” After his appearance before the committee, a complaint was lodged with the police. He was then prosecuted in the high court for fraud, corruption and contraventions of the Public Finance Management Act. Lekalakala said his criminal trial on these charges was currently part heard.
[/paywall]
