House 620549
Khuzwayo Area
Willowfontein
Pietermaritzburg
3201
05 August 2021
His Excellency
President MC Ramaphosa
President of the Republic of South Africa
Per Email
Dear Mr President,
RE: SIU INVESTIGATION INTO THE DIGITAL VIBES CONTRACT
‘Thank you for the meeting held earlier today.
| write this letter to confirm formally that, on advice of my legal team, | will be instituting
an application in the High Court for the judicial review of the SIU report
The report and the findings made by the SIU, are vitiated by what my legal team
characterises as its misconduct during the investigation, comprising several
identifiable and serious irregularities.
Mr President, itis regrettably clear that the SIU worked with a predetermined outcome
and a closed mind in the investigation, proceeded unfairly, and reached a flawed and
unfounded report. It is not my intention to burden you with even a summary of the
review proceedings to follow, but | believe | owe you at least to outline what they will
show.
- The SIU had started by drawing adverse inferences and conclusions even
before | was heard (to the extent | was heard).
- _ Ithheld back disclosing to me prior to my examination material it intended relying
on just minutes later, in the course of what was examination by ambush.- It disregarded known evidence which contradicted those inferences, and
ignored legal submissions without justification, in its dogged pursuit of its
predetermined conclusions.
- The SIU, against its remarkable initial resistance, was required at a second
sitting by the independent chair of the inquiry (against initial opposition), to
receive further evidence and submissions. (I record that the independent chair
herself acted impeccably throughout),
- Within less than three hours of the independent chairs ruling, the SIU purported
to produce to you, in a grossly misleading way, what purported to be a report
on all evidence received. Clearly the SIU had reached its conclusions, and the
report had already been written, prior to the second sitting even; clearly no
detached and due consideration was given to what the SIU had just fought to
keep out
- The SIU's conclusions are further undermined by the disquieting and highly
relevant affidavit by the former Director-General which | have submitted to you.
Had proper time been allowed, even if the SIU itself had avoided, as it did,
seeking her evidence, | would have been able to present this.
| believe that it is important to allow a court to reach an independent conclusion
concerning the legality of the SIU investigative process, and the conclusions and
findings it made, since our engagements with them. The SIU's conduct and
“conclusions” cannot be ignored or left unchallenged.
Mr President, | had initially hoped, as Your Excellency had committed to South
Africans, that the SIU investigation and all related matters would be concluded within
a reasonably short period. Unfortunately, this has not been the case. While | have
respected and cooperated with the SIU from the inception, acting swiftly at all times to
co-operate with it (as on record it acknowledged | had done) this cannot be done to
my prejudice and in violation of my rights.
Mr President, | remain committed to working under your leadership, and it is an honour
for me to serve the people of South Africa in our government's quest to deliver a better
life for all. | am however mindful that it is imperative for you, Mr President, to have a
fully functional executive. | have not been able to fulfil my duties as Minister of Health
for the past two months, having been placed on special leave.Ihave accordingly thought it best that | request the President to allow me to step down
in order to bring certainty and stability to this important portfolio
In doing so, | record that | remain committed to the success of your Administration,
and that | will continue to seek to be active in public and political service wherever |
am required to do.
My legal team will keep the Presidency abreast on my review application
Thank You Mr President,
Dr Zwelini