ConCourt nullifies SC ruling on former NSSA boss

Former National Social Security Authority chairman Robin Vela received a reprieve when the Constitutional Court overturned a Supreme Court ruling that upheld an audit report by BDO Chartered Accountants, which implicated him in dubious activities at the state-run pension fund.

Initially, the Supreme Court had upheld BDO Chartered Accountants' appeal against a 2020 High Court judgment that quashed their report against Vela, a decision Vela viewed as a violation of his rights. Vela contended that the Supreme Court failed to address the High Court’s analysis of the Constitution and the Administrative Justice Act. He argued that the Audit Office Act permitted the Auditor General to delegate powers to firms like BDO for forensic investigations.

The High Court had previously dismissed the BDO report on NSSA as biased, incompetent, and inaccurate, criticizing the forensic investigation process and the unequal treatment of Vela compared to two ministers allegedly involved in corruption. The Supreme Court, however, ruled that BDO's actions were not subject to judicial review and upheld their appeal, without addressing the High Court's findings on BDO's alleged incompetence and bias.

Vela escalated the matter to the Constitutional Court, seeking clarity on the delegation of constitutional powers and whether BDO acted under the Auditor General’s authority. The Constitutional Court unanimously sided with Vela, setting aside the 2022 Supreme Court judgment and ordering a fresh hearing with a different panel of judges.

Justice Paddington Garwe, delivering the Constitutional Court's judgment, emphasized that the previous Supreme Court ruling was annulled, and the matter was remitted for a new hearing. Vela’s lawyer, Advocate Method Gatsheni Ndlovu, welcomed the decision, which revived the High Court’s ruling.