In April the tribunal granted the Special Investigating Unit its application to have the companies, which are allegedly linked to former health minister Zweli Mkhize’s family, joined together in its review application of the contract.
The companies have been added to the SIU’s review application to have the contract declared unlawful, set aside and have the money paid back to the state. However, in their appeal, the companies on Monday argued the tribunal erred in its earlier ruling in, and argued a different court might have reached a different conclusion.
They maintained the SIU used the wrong test, and in the correct test the SIU had no course of action and the money had been repaid, so there was no point in proceeding with action against the companies.ruled the SIU’s allegations against companies which allegedly benefited from the controversial Digital Vibes contract met the test for a joinder.
In the 24-page judgment, Modiba said the companies the SIU sought to join to the case presented to the SIU “inconsistent versions” regarding the payments they received stemming from funds from Digital Vibes.