Tag: Digital Vibes

Investigations into R182 Million Misallocation – Can NHI Avoid the Same Mistakes?

Recent investigations into R182 million in healthcare fund misallocations have called into question not only the security of the Department of Health’s tendering system but also highlighted the potential for waste and abuse under the National Health Insurance (NHI) Act. In late September, News24 broke the story of its investigation into how uncapped NHI funds were drawn from funds earmarked for critical health programmes as well as NHI were allocated to advertising campaigns.

On Friday, Minister of Health, Dr Aaron Motsoaledi, denied diverting these funds and states that the reallocation of funds was all above board, without no patients harmed.

“No money was taken from any so-called critical health project to advertise NHI; it’s the other way around. Money was taken from NHI to help departments communicate; departments that did not have a budget.”

The Department has referred the matter to the SIU, Auditor-General and Public Protector, if necessary. Parliament’s health committee led by Chairperson Faith Muthambi has said that Health Department should use the Government Communication and Information System (GCIS) – but the Minister argued that they are not up to the task.

The committee is nonetheless unrelenting in its criticism, and today [Monday] demanded documents that proved funds were reallocated correctly and that the tenders awarded were above board. Faith Muthambi stressed that health funds must stay in the public health system, saying that Minister Motsoaledi should have ordered a initial internal probe while the external investigations were ongoing.

Echoes of ‘Digital Vibes’

About R146 million of the funds were allotted to KMTV Media on an uncapped “R1 620 per transaction” appointment and ~R35–39 million went to Dots Design Agency. These funds were reportedly drawn from HIV/AIDS, TB, child nutrition and an NHI-related GP-contracting allocation.

Action SA has raised concerns over how such small contracts to snowball to such expenditures without the apparent knowledge of the Minister. They also emphasise that South Africans have the right to know exactly how much has been spent on NHI implementation.

The infamous Digital Vibes scandal from the COVID pandemic. A forensic investigation by the SIU and independent auditors found the procurement process to be “irregular, fruitless and wasteful“. While this resulted in a suspension of the Director-General, and convictions of state employees, key figures in the case have yet to be prosecuted.

Although the Minister says that no impropriety, this reflects the current situation: no total contract value, vague pricing that later bore little relation to invoices, funds redirected from core programmes, and limited apparent checks until media exposure.

For the NHI, this is a clear warning sign of a problem that has been repeatedly raised by its critics.

NHI’s Vulnerable Single Pot

Under the NHI, all healthcare funds are centralised in a single NHI Fund, pooling tax revenue (including redirection of medical scheme tax credits). This fund would as the sole purchaser of services from both public and private providers. Oversight would sit with an 11-member Board under the Minister. A Chief Executive Officer would oversee the day-to-day function of the NHI Fund and would be accountable to the Board.

All of this remains in abeyance as the NHI Act has not yet been promulgated while numerous Constitutional Court challenges are being heard.

As currently envisioned, the NHI would cost anywhere from the government’s mooted R457 billion to a more realistic (if conservative) figure in the region of R1 trillion. This would pay for, in an estimate from Genesis Analytics, increasing GP numbers by 113%, specialists by 80%, and beds by 113%. To fund this would require combining the total current public and private healthcare expenditure in South Africa and increasing that amount by 77% – and this all done with benchmark private sector efficiency. Only massive tax hikes would be able to cover this amount, which would have serious consequences for the economy.

The question has to be asked – if NHI’s spending oversight is centralised to such a degree, how can such vast public funds be reliably accounted for?

Public–Private Partnerships

Public–private partnerships (PPPs) have been suggested as an alternative model for the delivery of universal healthcare. In these, public funds are allocated via contracts for services or infrastructure. Private parties typically provide capital, management or specialised capacity in return for availability- or performance-based payments.

In KwaZulu-Natal, Inkosi Albert Luthuli Central Hospital was developed under a PPP and has been running since 2002. In the PPP, a private consortium is paid for making facilities and equipment available, with key infrastructure-related operational risks are transferred to the private party. Payments are indexed and subject to contractual penalties.

One example is the Northern Cape radiotherapy collaboration, where NC patients who would normally be transferred a great distance to Bloemfontein for their two to six week treatment are instead treated at Icon Oncology’s clinic in Kimberley. This proven model could be extended to other provinces.

Unlike the NHI, funds are not constrained to a single pot, but governance is key to ensuring that dozens or hundreds of smaller ‘pots’ just get defrauded. Nor they do not automatically deliver healthcare equity. Still, examples such as the Northern Cape radiology show that strong, interdependent relationships can develop with regular management meetings to discuss patient experience, statistics, billing and other operational matters.

But perhaps the more closely the funds are tied to the communities and the services who are investing in delivering healthcare to them, the better it will be accounted for and used.

Former Health Minister Mkhize Hits Back at SIU

Photo by Bill Oxford on Unsplash

An impending legal battle is on the horizon between former Health Minister Dr Zweli Mkhize, the Special Investigating Unit (SIU) and President Cyril Ramaphosa over the government’s Digital Vibes scandal. Dr Mkhize has accused both of having a predetermined conclusion about his alleged involvement in the embattled government contractor.

Dr Mkhize has approached the North Gauteng Court to review and set aside findings and recommendations made against him by the SIU. He has also sought to declare the conduct of the SIU unlawful and unconstitutional. This comes after the SIU investigated alleged irregularities in a tender contract awarded by the national Department of Health to Digital Vibes.

In SIU supplementary documents dated September 30 and filed in Pretoria, the SIU claimed that Dr Mkhize had directly benefited from Digital Vibes transactions as the company paid for electrical repair work at his homes, and also that Dr Mkhize’s family and some of his close associates benefited from the tender and another contract worth R150 million.

SIU spokesperson Kaizer Kganyago confirmed receipt of 800 pages of court documents on Monday, and stated they were ready to oppose them in court.

Dr Mkhize went through some of the SIU’s key findings. alleging that they were markedly different from those put to him during its interrogation.

Dr Mkhize claims he did not derive any personal benefit from Digital Vibes or persons associated with it, and that the SIU failed to address his version of events and withheld evidence he provided to it. Furthermore, he claims he was “ambushed” during questioning as he had no advance warning of the allegations made. He claims some of the key findings by the SIU, in its referral to President Cyril Ramaphosa, were markedly different from those put to him during its interrogation, saying  the SIU failed to disclose allegations made against him by his subordinate, the former Health Department DG, Dr Sandile Buthelezi, on which the findings were drawn.
Mkhize further said that had his submissions and evidence been taken into account by the SIU, the organisation would have come to a different conclusion regarding his alleged involvement in the appointment of Digital Vibes.

Ramaphosa’s spokesperson, Tyrone Seale, said that the Presidency was aware of the matter, but had not been served with papers.

Source: IOL

Health Dept Suspends DG Buthelezi over Digital Vibes Tender

Photo by Tingey Injury Law Firm on Unsplash

In the latest development of the R150 million Digital Vibes tender fallout, Health department director-general Dr Sandile Buthelezi has been placed on precautionary suspension 

On Sunday, health ministry spokesperson Foster Mohale  confirmed Buthelezi’s suspension following a Special Investigating Unit (SIU) report into the alleged tender fraud. Deputy DG Dr Nicolas Crisp will take over as acting DG until the completion of Buthelezi’s hearing process. Buthelezi had previously been on leave.

Mohale said that while the R150m Digital Vibes communications contract was already secured when Buthelezi assumed the DG role, it was his inaction in his role as heady of accounting authority regarding the contract that led to the suspension, said Mohale. 

The tender process was rife with irregularities, involving fictitious companies and doctoring scores of bidding companies.

“The procurement process was … a sham, designed and conducted to reach the predetermined result that Digital Vibes would be appointed,” lead investigator Rajendra Chunilall said in the SIU’s founding affidavit.

Former health director-general Precious Matsoso told the SIU that Tahera Mather, a friend of Dr Mkhize’s and a beneficial owner of Digital Vibes, began work at the department straight after Dr Mkhize’s appointment as minister. Matsotso had been pressured by Dr Mkhize to ensure that Mather was hired. Instead of a public tender for the National Health Insurance (NHI) communications contract as advised by the Treasury, it was issued as a closed tender to ten companies.

Two of these companies did not exist and six of which, including a computer equipment supplier and a graphic design company, did not respond as the tender was out of their scope, according to forensic accountant Hesti le Roux’s investigation.

Mather is also alleged to have created a fraudulent profile for Digital Vibes with the relevant skills and experience, including a fake team some of whom never worked for Digital Vibes and were not paid. 

Due to this rigging, only Digital Vibes and Brandswell responded; the latter had the upper hand as its R69m quote was far cheaper than Digital Vibes’ R141m,

However, the department then inexplicably issued a second RFP, amending the requirements.

Brandswell was “irregularly and irrationally” marked down by the department’s five-member tender evaluation committee (TEC), which included deputy director-general Anban Pillay and head of communications Popo Maja. This was despite Brandswell being a “long-standing and reputable communication solution service provider”, Le Roux said.

“Clearly, the recommendation by the TEC to award the contract to Digital Vibes was invalid in terms of the provisions [of] the constitution, because the procurement process was not fair, equitable, transparent, competitive and/or cost-effective. Therefore, the service level agreement that was concluded with Digital Vibes should be declared invalid,” Le Roux concluded.

Source: Times Live

Suspensions of Top Health Officials are Imminent

Photo by Bill Oxford on Unsplash

An article by the Daily Maverick reveals that a wave of suspensions in the Department of Health are impending as a result of the investigation into the Digital Vibes contract, which prompted the resignation of Dr Zweli Mkhize.

Minister of Health Dr Joe Phaahla said that he received a letter from the Special Investigations Unit (SIU) which he would have to act on. 

Dr Phaahla said that “in the next few days and weeks there will unfortunately be some action and that will have some impact also on our capacity as a department”, adding that “when wrong things have happened and investigations have led to findings, then people have to be held answerable”.

However, Dr Phaahla said it was regrettable since “it will have an impact on our capacity, because from what I have seen, a number of people will have to be on suspension, pending charges.” He said it would be difficult for the vaccination programme as management staff were already stretched thin, but “it’s a consequence which must follow”. 

Drs Buthelezi and Pillay denied any knowledge of suspension, though the Daily Maverick has found out that referral for disciplinary action have been sent to the presidency.

The details of the SIU’s investigation have not been made public yet, although the Daily Maverick was able to tease out some details from an affidavit to set aside the Digital Vibes contract and to seeks to reclaim up to R150 million that was paid for the contract.

The affidavit further reveals that Dr Mkhize allegedly pressured the previous Director-General, Precious Matsoso, to employ Tahera Mather to be contracted for communication.

Precious Matsotso was replaced after an unblemished ten years by Dr Anban Pillay, who had been Deputy DG. Dr Pillay then became the active facilitator for the Digital Vibes contract, the affidavit suggests — a matter in which the DIU has also referred to the National Prosecuting Authority.

The current DG, Dr Sandile Buthelezi, who replaced Dr Pillay, is also noted as approving payments to Digital Vibes, though the DIU states it is not seeking any relief against him other than setting aside of relevant agreements.

The situation still has a way to run, with disciplinary inquiries, the Special Tribunal hearing and NPA investigations all ongoing. 

However, the Daily Maverick warns that it is clear that this critical government department is in “freefall” and will not have the capacity to deal with South Africa’s health challenges in the months and years to come.

Source: Daily Maverick