By Lerato Mutlanyane
Former North West Health Department head Dr. Andrew Lekalakala has lost his bid in court to declare the province’s Powers, Privileges and Immunities Act unconstitutional. The challenge came after Lekalakala openly acknowledged allegations of corruption before the provincial legislature and immediately filed a motion claiming the legislature itself was unconstitutional—a move that escalated a routine corruption prosecution into a highstakes legal battle over the province’s legislative framework. The section under scrutiny criminalizes, as perjury, knowingly providing false information on a material matter before the legislature or its committees, once warned. It also outlines the powers, privileges, and immunities of the Provincial Legislature, including freedom of speech and debate, regulation of internal affairs, and oversight when acting as a court. Lekalakala, facing fraud and corruption charges in the North West High Court, argued that being compelled to testify before the legislature violated his constitutional right against self-incrimination and his right to a fair trial. The charges relate to a R180 million, three-year mobile primary healthcare contract with Gupta-linked company Mediosa, which the department terminated in 2018. Lekalakala was summoned to testify before a joint session of the North West Legislature following the contract’s cancellation. In his affidavit, Lekalakala described the legislative committee’s conduct as “inhuman and unfair,” adding: “I experienced the process as being domineering and threatening. I was constantly threatened with remarks such as ‘the police must be called’ and that I could be locked up immediately.” Afterward, a formal complaint was lodged, leading to his prosecution in the High Court for fraud, corruption, and contraventions of the Public Finance Management Act. The state presented evidence from Dr. Kgosi Motlabane, the former deputy director-general of the department, which Lekalakala argued was privileged and should not be admissible in criminal proceedings. In its judgment on December 19, the High Court emphasized that Section 22 of the Immunities Act protects the integrity, effectiveness, and credibility of legislative oversight. “It compels witnesses to provide dependable and truthful testimony, deterring dishonesty and ensuring public confidence in the legislative process,” the court held. The court clarified that Section 22 punishes only deliberate falsehoods, not silence, and cannot be interpreted to override rights such as protection against self-incrimination. It underscored the subsidiarity principle, stating that constitutional issues should be decided only when necessary to resolve the case: “Courts must decide no more than is required to dispose of the matter.” Lekalakala’s case, while initially a corruption trial, has now become a landmark test of the province’s judicial integrity—balancing the fight against graft with the principles of constitutional order. Its outcome is poised to influence not only this prosecution but the broader administration of justice in the North West.

