DURBAN - GOVERNMENT spokesperson Ndabezinhle Sibiya has accused the Special Investigating Unit (SIU) of contravening its constitutional mandate by allegedly publishing false statements about him in the unit’s Digital Vibes report.
The accusations are contained in a civil claim filed by Sibiya against the SIU at the Gauteng Division of the High Court in Pretoria.
The SIU had linked Sibiya to the R150 million tender awarded by the national Department of Health for the National Health Insurance (NHI) communication strategy, through a subcontractor, Sotobe Media. Sotobe Media allegedly received potential irregular payments amounting to just over R9.7m from Digital Vibes.
But on September 30 the SIU filed a supplementary affidavit before the Special Tribunal in Johannesburg, which was written by its principal forensic investigator, Jarendra Chunilall.
“In the founding affidavit, the allegation was made that this company was potentially related to the previous spokesperson of Dr Zweli Mkhize (ie the 5th respondent), Mr Ndabezinhle Sibiya.
“Upon further investigations, the SIU has established that this is not correct and that there is no relationship between Sotobe Media and Mr Ndabezinhle Sibiya. The SIU withdraws the allegation,” read Chunilall’s affidavit.
The Sunday Times, which published an article based on the SIU report, withdrew the allegations. Now Sibiya is suing the SIU for R500 000 in damages for defamation of character.
“The first respondent (SIU) has contravened its constitutional mandate by publishing false statements about me and there is no reason why I should be out of pocket as a result of its actions or those of its employees. I accordingly ask for costs on an attorney and client scale,” Sibiya said in an affidavit.
In the court papers, the SIU’s forensic accountant, Hesti Marcia le Roux, is listed as a second respondent while spokesperson Kaizer Kganyago is listed as third respondent.
Le Roux is accused of publishing the defamatory statement against Sibiya during the course and scope of her employment or secondment with the SIU.
Kganyago is accused of uttering or publishing the defamatory statement against Sibiya during the course and scope of his employment with the SIU.
Sibiya is seeking an order to declare the publication by the SIU and its reliance on Le Roux’s statement that Sotobe Media is potentially related to Sibiya to be unlawful.
He said it was done without affording him an opportunity to be heard.
The affidavit states that Sibiya’s attorneys wrote to the SIU on August 3, 2021, telling the SIU there was no link between him and Sotobe Media.
“On September 30, 2021, Rajendra Chunilall deposed an affidavit on behalf of the First Respondent stating that there is no relationship between me and Sotobe Media,” the affidavit read.
It further stated that on November 8, 2021, Kganyago on national television said it was not a mistake that Sibiya was linked to Sotobe Media.
Kganyago said the SIU had not yet received the papers.
“Even after we receive them, we will respond at the high court and not to the media as it is now sub judice,” Kganyago said.
Daily News