Bheki

Deputy Chief Dhlamini indicates it might be difficult to verify the tender details and would need to ask Nico or Bheki who may have that information.

“I think that might be difficult for me to do that. It will require either Bheki or someone new. I will ask Nico if he has that”

Deputy Chief Dhlamini denies he assisted Bheki with this tender, despite being suggested he should be able to answer questions about it as he is assisting Bheki.

“I was not helping him, Commissioner, with this tender”

Deputy Chief Dhlamini denies that his late brother Peter was the father of Kamokelo Hlatshwayo and denies knowing Kamokelo Hlatshwayo, but later acknowledges knowing Kamokelo Hlatshwayo as a friend to Bheki, associated with events.

“No...I think I might, do I know him? Yes, I know him...As Sergeant Nkosi indicated, he is a friend to Bheki.”

Deputy Chief Dhlamini states he does not meet Kamokelo Hlatshwayo and that Sergeant Nkosi told him Kamokelo is a friend of Bheki.

“I do not meet with him. I do not know when did I see him...He told me when, you say...when he was testifying here.”

Deputy Chief Dhlamini confirms Sergeant Nkosi testified that he worked with Bheki when they run events.

“You can go to his transcript, he did. He said he worked with Bheki when there are events and so forth...When they run events.”

Deputy Chief Dhlamini confirms that Sergeant Nkosi told him during testimony that Kamokelo Hlatshwayo is a friend to Bheki.

“Yes.”

Sergeant Nkosi asked Deputy Chief Dhlamini to assist Bheki with making compliant bids for two vehicles, related to land invasion.

“He said it was for land invasion. He said I must check with Nico Mathobela which companies did he prepare compliance for. The one of Bheki and the other one to forward it to him.”

Nico Mathobela was engaged by Sergeant Nkosi to help put together a compliant bid for Bheki.

“Sergeant Nkosi approached him to assist Bheki. I said I cannot assist I refuse to help. I said I referred him to Nico Mathobela to be able to help him with that.”

Nico Mathobela performed the function of ensuring the bid was compliant before submission.

“Nico had done what needed to be done to make the bid compliant. That was Nico's function, was it not?”

Nico Mathobela would have informed Bheki when the bid was compliant and ready to be submitted.

“And Nico would have told Bheki, okay, we have got everything in order, you can submit now.”

Sergeant Nkosi asked Deputy Chief Dhlamini on 25 March to find out from Nico Mathobela whether the bid was compliant to verify certain factors.

“But why then did Sergeant Nkosi need you in March 25 to find out from Nico whether the bid was compliant?”

Nico Mathobela and Bheki together worked on the Ngaphesheya bids to submit a compliant bid.

“Then Nico and Bheki together work on the Ngaphesheya bids so that they can submit a bid that is compliant.”

Nico Mathobela would confirm to Bheki the bid was compliant and ready to be submitted before the closing date in October.

“Now presumably, before that bid goes in, Nico has said to Bheki, we have now ticked all the boxes, our bid is compliant, we can now submit it, it is now a question of price and BEE. That was Nico’s job, was it not?”

Sergeant Nkosi requested Deputy Chief Dhlamini to confirm which bids Bheki assisted with in terms of compliance, but the request wasn’t confirmed with certainty, and Deputy Chief Dhlamini wanted to send the names to Sergeant Nkosi.

“He wanted me to say, much as I indicated, he requested me a previous day. Unfortunately, I could not verify to say, apart from Bheki, which bids did he also assist in terms of compliance. He wanted me to send him those names.”

Deputy Chief Dhlamini denies referring bidders to Nico, clarifying that he only referred Sergeant Nkosi to him to help Bheki with assembling compliant bids.

“I do not refer bidders to Nico... I only referred Sergeant Nkosi to say let him help Bheki.”

Deputy Chief Dhlamini states he was involved in tender processes and referred Sergeant Nkosi to assist with tender documents for a non-TMPD tender related to a non-existent Matthews Phosa Municipality.

“you send to Sergeant Nkosi ... a list of five issues ... As it was indicated by Sergeant Nkosi to say they were dealing with a tender in Mpumalanga ... I do not know ... That is what I indicate ... I referred Sergeant Nkosi to Nico ... Nico would usually send me messages to either forward to Sergeant Nkosi ... It is not your tender. That is not the TMPD tender ... Much as I indicate ... I referred Sergeant Nkosi to Nico ... I was telling Sergeant Nkosi to push Bheki”

Advocate Baloyi argues Deputy Chief Dhlamini has no interest in the tender yet pressured Bheki and Nkosi to assist, which Dhlamini denies, saying his interest is compassion and support for Sergeant Nkosi whom he has known from school.

“I think there are people you will have compassion on ... They are people you have compassion on ... I took interest in Sergeant Nkosi on the earliest while he was still at the primary school ... You have absolutely no interest in this ... I do not ... I help Sergeant Nkosi from there ...”

Deputy Chief Dhlamini admits sometimes he takes an active role as a voice pushing for action regarding the tender process for Bheki through Sergeant Nkosi and Nico, citing trust and expediency.

“sometimes the voice of someone will make certain things to be able to be done ... I am saying I am putting pressure also to Nico to ensure that he also speaks to Bheki ... if it comes from me, they will be able to run ... I had to make a call with the two of them to try and work together”

Advocate Baloyi contends the list Deputy Chief Dhlamini sent was an effort to assist Bheki fix shortcomings in a Tshwane tender linked to Ngaphesheya, implying potential misconduct, which Dhlamini denies.

“You have shown that you prefer Ngaphesheya to be awarded a tender, and this list I want to suggest that this was to assist Bheki fix the shortcomings in this Tshwane tender ... That is not true”

Deputy Chief Dhlamini admits putting pressure on Nico to ensure Nico speaks to Bheki to resolve conflicts between them to facilitate tender process cooperation.

“I am saying I am putting pressure also to Nico to ensure that he also speaks to Bheki ... Sometimes they have conflict ... I am not sure whether because Nico is an adult and they cannot find each other sometimes”

Deputy Chief Dhlamini put pressure on Nico to comply with submitting documents related to bids and tenders based on a list Nico gave to Bheki.

“Sharp, I am also putting pressure . On Nico . To work together with Bheki”

Nico has given a list of non-compliance to Deputy Chief Dhlamini, resulting in difficulty working with Bheki due to poor communication and waiting times.

“Nico has given you a list of non - compliance. ... there is disjunction in terms of communication, because Nico will complain sometimes to say I will be in the office, wait for four hours or so”

Nico was busy with documents of Elshadai, unrelated to the Tshwane tender discussed, indicating possible confusion or overlap in activities.

“General, I spoke to Bheki now. He tells me he has spoken to Nico when he was busy with documents of Elshadai.”

Sergeant Nkosi reports that Nico promised to help but has now stopped answering his phone, requesting the General to intervene to avoid further delay.

“Nico promised to help but now is no longer answering his phone. Please check Nico. I will push Bheki. These people must know it is one thing and they must work as a team, not the other way. And then please, General, intervene. We cannot lose now. We have been waiting for this for a while.”

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.”

Adv Baloyi argues that the committee decision logic negates the need for declaration of interest since it is a committee decision overriding any individual's bias.

“On your logic, and the logic that the BAC is a committee and a decision that comes out of that is a committee decision, and therefore an individual could not impact the outcome ... even if Bheki were your brother ... that would not disqualify you or require you to make a declaration because the BAC is a committee decision. ... That is the effect of what you are saying, and I am saying that cannot be correct.”

Mr Mnisi clarifies that Bheki is not his friend and Sergeant Nkosi is not a director of Ngaph(esheya). His objectivity was not impaired when signing the declaration.

“The fact of this matter is that Bheki is not my friend. Sergeant Nkosi is not a director of Ngaphesheya. On the signing of this declaration, my objectivity was not impaired. I still maintain that till now.”

Mr Mnisi acknowledges the tender was open and he sent something to Bheki to confirm, not to alert about a new issue, as Bheki was previously aware.

“I was confirming if this is the one, then I am sending it to him . He had raised this to me . It was in the public domain since the 12th of December. This was the 7th of January in this time . So they were already aware of it . It was not me initiating anything , Commissioner Baloyi.”

ADV Baloyi SC accuses Mr Mnisi of alerting Bheki to a tender to encourage submission and coordination, implying improper conduct.

“To me this looks like you are alerting him to a tender and you wanted him to submit and you needed to get together so that you can discuss what you are discussing about completing that tender . And you are Chairperson of the BAC that is going to be adjudicating that very bid and you see nothing wrong with that .”

Mr Mnisi denies actively alerting Bheki but describes his communication as confirming a previously discussed tender and offering clarification about mandatory requirements without helping complete documentation.

“No, I was confirming that this is the one . I was not actively alerting him . We had a discussion previously, and this was by way of me confirming .”

There is an anomaly regarding two different registration numbers in affidavits and agreements related to the sale of a truck.

“you have those two different registration numbers ... in paragraph 4 of Bheki's affidavit ... is KN33 RNGP ... in the agreement itself ... the registration number is a different registration number”

Bheki's affidavit states he owns a company and sold the truck on behalf of that company called Ngaphesheya, but the sale agreement does not mention Ngaphesheya and states Bheki sold the truck himself.

“this is Bheki's affidavit, he says he owns a company and on behalf of that company, Ngaphesheya, he sold that truck ... in the agreement at page 15, there is absolutely no mention of Ngaphesheya ... it is Bheki who is selling the truck, his truck”

Mr Ngaphesheya is owned by Bheki and the truck was used by the company called Ngaphesheya, which Bheki directs.

“Ngaphesheya is owned by Bheki ... he is the sole director of that company”

The General sent a preliminary list of non-compliance issues regarding the Ngaphesheya bid dated 3 April, demanding several documents to rectify the tender.

“On the 3rd of April, in chat 3 and chat 4, the General sends you a preliminary list of non-compliance issues... Please push Bheki to submit the above documents.”

Sergeant Nkosi states that the General is involved because he intervenes between Bheki and Nico to ensure progress, as Nico assists Sergeant Nkosi's brother with tender documents but the General's role is supervisory.

“the General is involved because if I ask him to intervene between Bheki and Nico ... Nico was sending the General now because Bheki was playful or not taking it seriously or was too busy ... the General makes sure that Nico does what is expected of him.”

Bheki submitted the wrong document for the vehicle lease tender, submitting a quotation instead of the required agreement with photos.

“Bheki has submitted the wrong document, a quotation instead of an agreement...”

As of 13 April 2025, five documents were outstanding and the General was asking Sergeant Nkosi to push Bheki (his brother) to submit them.

“After noon, Captain. I trust you are well and your family. Please push Bheki.”

The five outstanding documents were indeed outstanding for a tender as of 13 April 2025.

“Please push Bheki to submit the above documents. That is the list of the five documents in chat number 3.”

Mr Mnisi sent details of a tender for supply, delivery, and offloading of refuse bags for the City for three years, indicating a need to regroup on it.

“Mr Mnisi sends you details of a tender that has a compulsory briefing session on the 21st of January. It is for the supply, delivery and offloading of refuse bags for the city for three years and he says underneath: 'Mfethu, I have sent the above to Bheki, we need to regroup on it.'”

Sergeant Nkosi acts as the point of contact for communication when someone cannot get hold of his brother, who owns a security company called Ngaphesheya, also known as Bheki.

“I am the point of contact... he said hey man, I am looking for so-and-so, I cannot get hold of him, and we will find that by the time I am with him...”