Judge Benita Whitcher ruled that Premier Panyaza Lesufi acted lawfully and rationally when he suspended Malotana on 13 October 2025, following a damning SIU report and a lifestyle audit that flagged possible serious misconduct.
The court found that the SIU presented “believable allegations of serious misconduct” and said Malotana’s suspension was “the only logical and rational outcome.”
Judge Whitcher also warned that allowing the HOD to remain in office posed a real risk of interference with forensic investigations, and would raise serious public concern about the integrity of the Health Department.
The application was dismissed with costs, with the judge describing it as “fundamentally flawed and incorrect.”
Reacting to the ruling, Premier Lesufi welcomed the decision and affirmed his administration’s stance on accountability:
“We will not tolerate any actions that undermine public trust or hinder our ability to deliver quality services to the people of Gauteng.”
The forensic investigation into Dr Malotana’s conduct is still underway.
This is a developing story.
