Bulkeng lawyer, his father and CEO are accused of forgery and attempts to takeover Bulkeng. Photo: Supplied
KERWIN Moodley, a lawyer for Bulkeng, a company under scrutiny after scoring an R428 million oxygen plant at the National Department of Health (NDoH), has been appointed as a board member.
His father is a signatory to access Bulkeng's bank accounts, as the chief executive, Dr Sphamandla Mhlongo, is accused of forging his appointment.
In a court application filed through the Kerwin Moodley Attorneys two weeks ago at the South Gauteng High Court, Mhlongo is seeking the court to authorise his appointment as the interim/acting director of Bulkeng until a new director is duly appointed by a resolution of the new board of directors.
He also sought the court's authorisation to make him and Jaya Moodley the only signatories to Bulkeng’s FNB and Standard Bank accounts.
He further asked the court to establish an interim board of directors consisting of Kerwin Moodley, Bongani Simelani, and Mfundo Gift Mkhize to manage and oversee Bulkeng’s operations until the new shareholders appoint a permanent board of directors.
All this unfolded barely two weeks after the company’s sole director, Nkosinathi Ndlovu, mysteriously died following reports that Bulkeng did not meet the requirements to be awarded the tender.
Ndlovu’s sister, Thembisile Thango, accused Mhlongo of forging her brother’s signature and appointed himself chief executive when Ndlovu was hospitalised.
In the main arguments seen by the Sunday Independent, her attorneys, JG & Xulu Inc, said that Mhlongo was not hired as chief executive and did not have a valid employment contract signed by Ndlovu.
“He was hired as a general worker for operations, but no contract was signed. Bulkeng was meant to undergo an organisational structure redesign as part of its expansion plans,” Thango said.
The company documents were submitted to the High Court in support of his application. The Authority of Signatory document for the Independent Development Trust project (Bid No: IDTKN24DOE003 - Upgrade and Additions of Classroom Buildings for Ohlange Secondary School, Pinetown District, KwaZulu Natal Province) delegating powers to the chief executive was not signed by Ndlovu as his was critical in hospital during this period. Ndlovu was admitted to King George Hospital (Durban) until mid-November 2023.
“The Authority of Signatory document alleged that Ndlovu signed on November 1, 2023, however, during this time, no one was allowed to visit him due to his medical condition beside family members. Ndlovu’s hospital records would assist the court as part of evidence. It was our view that Mhlongo has an electronic signature of the diseased which he now uses for his own advancements,” read the court papers.
Thango challenged the appointment of the board, arguing that it was not appointed inappropriately.
“Kerwin Moodley, who is a Candidate Attorney at Moodley Attorneys Inc, appointed himself into the board of directors and two other general works without proper consultation from all stakeholders and the Ndlovu Family.
“Simelani was previously employed as a Vehicle Licence Registration officer in the company and was inappropriately appointed into the board of directors without due process. Jaya Moodley the father of Kerwin Moodley was appointed as the Bank Account signatory,” read the court papers.
Approached for comment, the Kerwin Moodley Attorneys asked for more time to respond but did not do so by the time of publication.
At his death, Ndlovu and his company were being investigated for allegedly winning a tender to install complex technical pressure swing adsorption (PSA) oxygen plants at state hospitals nationwide without a SAHPRA licence.
A source with intimate knowledge of the details told the Sunday Independent that Ndlovu was found dead in his vehicle on November 3 from a suspected overdose; however, he said that those close to Ndlovu alleged foul play.
For weeks, Bulkeng has been under severe scrutiny; following the revelation of the tender saga, Public Works and Infrastructure Minister Dean Macpherson wrote to the Chairperson of the Independent Development Trust (IDT), which is the implementing agent for the oxygen plant roll-out on behalf of the Department of Health – requesting a comprehensive report into how the was awarded a multimillion-rand oxygen plant tender following the reports that there were tender irregularities.
The Swiss-based Global Fund, a multilateral funder of global health grants in low—and middle-income countries, told the Sunday Independent it was taking the tender allegations seriously.
“NDOH and IDT managed the tender process. The LFA, acting on behalf of the Global Fund, observed the process to ensure conformance with Global Fund policies and procedures and issued a “Letter of No Objection” based on this observance.
“However, as is usual with GlobalFund grants, responsibility for the tender process lies with the NDOH as Principal Recipient,” said Ravini Senanayaks, spokesperson
The organisation said it had zero tolerance for misconduct involving Global Fund resources.
thabo.makwakwa@inl.co.za
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