TMPD1

The WhatsApp chat shows a discussion involving Sergeant Nkosi, the CFO, and Deputy Chief Dhlamini about lists of seven companies either for compliance checking or tender award rigging related to TMPD1.

“Sergeant Nkosi had forwarded to the CFO your message saying: “These are the vehicles for land to be given ku Mfowethu in order of priority and you had listed seven names. We discussed that on Friday.” And at the bottom of the screenshot, the CFO had responded to that specific message about the seven companies in order of priority saying: “This is ours Mfowethu, this is the final list, right. Yes, it is our final list.””

Mr Mnisi disputes any bias or impairment of objectivity in handling tender TMPD1 or TMPD3 and vouches for the rigorous procurement process and probity report validity.

“There was no bias or any impairment of my objectivity in terms of handling both tenders...with a conclusive probity report from an external party validating that.”

Extensive communications regarding TMPD1 and Gubisi invoicing between the witness and Deputy Chief Dhlamini occur through Sergeant Nkosi, with no direct WhatsApp messages between the witness and Deputy Chief Dhlamini.

“this mode of communication between yourself and Deputy Chief Dhlamini in relation to TMPD1 and in relation to the Gubisi issues about invoicing and termination, has the same hallmarks, that you are actually having very extensive communications, but there is no sign of them on either of your phones”

Mr M Nisi requested Deputy Chief Dhlamini's contact details to deal with TMPD1 and Gubisi invoicing matters more directly going forward.

“I requested for his contact details in order to deal with the matters moving forward, particularly on the accounts payables matter, as well as the termination letter”

There were no WhatsApp messages exchanged directly between Mr M Nisi and Deputy Chief Dhlamini relating to TMPD1 or Gubisi because Mr M Nisi did not have Deputy Chief Dhlamini's contact details.

“No, there are none because I did not have his contact details from the Gubisi invoices and I was not interested. And he would not send me any WhatsApp messages for TMPD1”

Extensive WhatsApp communications between Mr M Nisi and Deputy Chief Dhlamini, relating to TMPD1 and Gubisi, are routed only through Sergeant Nkosi.

“We see extensive WhatsApp messages in relation to TMPD1 and Gubis where you are communicating with the General, but they all got through Sergeant Nkosi”

Mr M Nisi confirms he did not agree or request WhatsApp communications to be sent to him regarding TMPD1, and distances himself from them.

“TMPD1, I did not at one point agree to have those communications. I did not at one point request any of those messages to be sent to me. So I am going to distance myself from that completely”

In involving Sergeant Nkosi in the Gubi-related matters, Mr Mnisi put Sergeant Nkosi in a position where he gained access to documents exchanged between the City and the bidder Gubi, including sensitive pricing invoices.

“In the process of involving Sergeant Nkosi in Gubi-related matters, you put Sergeant Nkosi in a position where he gained access to documents exchanged between the City and one of the competing bidders in TMPD1, namely Gubi, including an invoice that showed the pricing used by Gubi in its dealings with the City.”

Mr Mnisi did not perceive that his relationship or impartiality was compromised in the adjudication of TMPD1 despite questions about his objectivity due to personal connections.

“I did not perceive that as an interest, purely based on the fact that, firstly, my bias or my objectivity was not impaired. I did not know Bheki. He is not an associate of mine. I agree, the brother is an associate of mine, but Bheki is not an associate of mine whatsoever.”

Sergeant Nkosi sent Mr Mnisi a screenshot of a message at 08:31 pm with tender number TMPD1 and a list of seven companies, indicating a mandate assigned by 'Nico' to Victor, who is responsible for these companies related to the tender.

“the last text on the page is a screenshot that Sergeant Nkosi sends you at 08:31 pm. And it is a screenshot that on its face comes from a message that the General sent to him at 08:02... And it is a table that has tender number TMPD1 and then it is got a list of seven companies on it. And at the bottom it says: “Captain, nayim and ate u Victor aphiweyo na”. And helpfully underneath it, the Sergeant Nkosi has said: “Companies given to Victor by Nico”.”