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Deputy Chief Dhlamini confirmed awareness of pending bids involving Ngaphesheya and his brother, including TMPD-1 and TMPD-3 tenders where Ngaphesheya is a bidder.
“In TMPD-1 and TMPD-3, Ngaphesheya is a bidder.”
Deputy Chief Dhlamini says it was not strange that Sergeant Nkosi asked for a list of bidders since they communicated extensively about TMPD-1, but Nkosi never spoke to him about TMPD-3.
“He never spoke to me about it, and I do not see it as being strange”
Deputy Chief Dhlamini confirms that TMPD-3 was later cancelled, as noted by the CFO's testimony.
“Yes, I know that TMPD-3 was later on cancelled, as the CFO also indicated when he testified”
The BAC recommended cancellation of TMPD-3 because the specification did not include PSIRA guidelines, which was a valid reason according to the evidence.
“the reason that the BAC recommended the cancellation of TMPD-3, one of the reasons is the specification does not say anything about PSIRA guidelines, and you say that was a valid reason for cancellation.”
The primary reasons for cancelling TMPD-3 are contained in the probity report, which were not fully discussed here to avoid obfuscation.
“the reasons for cancelling TMPD-3 is not only the three reasons that are recorded in the report and I have raised that. And for the record, I just want to be clear. The primary reasons are contained in the probity report.”
Mr Mnisi stated that irregularities were noted concerning the TMPD-3 tender and that these were among reasons why the tender had to be cancelled.
“these are one of the reasons why this tender had to be cancelled . Irregularities were noted”
There must be a test to ensure that tender documents were still under lock and key and safeguarded; a failure of this test was a key factor leading to disqualification in TMPD-3.
“There must be a test to ensure that documents were still under lock and key and they were safeguarded. For this instance, that test failed, which was then, as a result, one of the key factors that led to disqualification.”
Sergeant Nkosi received a draft administrative report related to tender TMPD-3 from someone inside the BEC process on 25 March, which was not supposed to be accessible to him.
“on the 25th of March, Sergeant Nkosi sent you this document...a draft report of the BEC on this tender...It is a draft prepared by someone inside the BEC process”