City of Tshwane

There were allegations in the media in July 2021 that Bertobrite secured a fuel tender in the City of Tshwane by paying bribes to the EFF.

“In July 2021, there were allegations in the media that Bertobrite secured a fuel tender in the City of Tshwane by paying bribes to the EFF.”

There were media allegations in July 2021 that Bertobrite secured a fuel tender in the City of Tshwane by paying bribes to the EFF.

“In July 021, there were allegations in the media that Bertobrite secured a fuel tender in the City of Tshwane by paying bribes to the EFF.”

Director Malatji testifies that ad hoc services in City of Tshwane have been managed subject to correspodence since 23 January 2023, and any ad hoc services undertaken outside this spirit would be outside official compliance and instructions.

“That ad hoc services in the City of Tshwane since the 23rd of January 2023 have been and are continuing to be managed subject to this correspondence as evidence. So, any ad hoc service that has been undertaken out of the spirit of this would not be - would not be - actually would be having been undertaken outside of what the city has instructed all departments within the city to comply with.”

The cost of adhoc services to the City of Tshwane was 82 million over five months according to emails including Deputy Chief Bolhuis requesting upliftment of funds.

“There is an email that shows what the cost of this adhoc service to the City of Tshwane is. And it shows 82 million over five months.”

On 25 March 2025, Deputy Chief Dhlamini sent a draft admin report, not a BEC report, to Sergeant Nkosi on a tender related matter because the official City of Tshwane website was off and a list of bidders was requested instead.

“Sergeant Nkosi requested me to send him a list of companies on that day and I requested my office to download it for me on the web. Unfortunately, the website was off for the City of Tshwane... They provided them with this draft admin report. It is not a BEC report, SC. It is a draft report that they are preparing, a close out report that they usually put on the website. So it is not a BEC report”

Deputy Chief Dhlamini admits that the City of Tshwane website was down, affecting public access to tender information.

“the website was down”

Deputy Chief Dhlamini claims that the information he shared with Sergeant Nkosi was already publicly available on the City of Tshwane website, despite Advocate Baloyi's assertion that the document was not publicly available.

“the information I shared was already a public information in the website”

Advocate Baloyi refutes Deputy Chief Dhlamini's claim that the bid register document at page 511 was publicly available, asserting it was an internal City of Tshwane document not available to the public and that Deputy Chief Dhlamini shared this document with Sergeant Nkosi.

“you went into the system and got a City of Tshwane document that you agree was not available to the public”

Mandla Mgcina is the person receiving a large part of the proceeds of Gubisi's contracts with the City of Tshwane.

“Mandla Mgcina , the evidence will show , is the one who is receiving a large part of the proceeds of Gubis' contracts with the City of Tshwane”

City of Tshwane has introduced an online recruitment system requiring applicants to create and update a job profile before applying for positions.

“The City has introduced the online applications in the City and most of these youngsters and they are not, I mean aware that once you go on the online application website to apply, it requires you to create a job profile first...then go and select where there are post, you apply specifically. Then it will give you a confirmation receipt that you have applied.”

Many people mistakenly believe that creating a profile on the City recruitment page equals applying for a job; a profile must be created first and then a specific job application submitted separately.

“Some of the applicants end with creating a profile and think they have applied for a position in the City because they are not well conversant with the system.”

Deputy Chief Dhlamini receives numerous inquiries from people desperate for employment, including those not for department positions but because they hope his City position might influence outcomes.

“People are desperate. They go all out. Even if it is not positions in the department, for the mere fact that you work in the City, people think you might have a way and so forth... you will receive quite a number of them.”

In the City of Tshwane, work is not done before purchase orders are generated; purchase orders exist for the entire financial year but specific requisitions and POs are created as invoices are received for delivery quantities.

“It is not the case, because each and every financial year, at the beginning of the financial year, the finance section accounts payable, once the budget get loaded, they create requisitions, they create PO’s...You create a PO for the quantities that have been delivered...The PO has been created for the entire year on those aspects”

The list was given for the purpose of assisting and gaining advantage in a tender process, not for verification of political affiliations.

“They want to get a certain advantage through your assistance to do with a tender... This is a tender process of the City... It should not matter whether the people are ANC or not.”

Deputy Chief Dhlamini confirms the matter concerns the tender process of the City of Tshwane.

“This is a matter concerning the business of Tshwane.”

Deputy Chief Dhlamini asserts he has a duty to act in the best interest of the City of Tshwane as an employee.

“I do have that duty, Commissioner”

Sergeant Nkosi and the Chief Financial Officer (CFO) discussed bidders in an ongoing tender process for the City of Tshwane, with communication shared involving a list of bidders and a final list.

“You know what he is saying. You have seen all of this correspondence, including this communication between the two of them, where they are talking about this being a final list and him saying I am on top of it.”

The bid procurement process for the City of Tshwane, including specification preparation, tender publication, bid submission, evaluation, and final award is confirmed as a procurement process.

“That is correct, Commissioner, that is a procurement process.”

Major Phiri derives his authority to issue instructions for ad-hoc security deployments directly from Director Tshukudu Malatji, including specific instructions to manage ad-hoc services for Water and Sanitation issued on 9 January 2025 via email.

“I derive my authority to issue instructions for ad-hoc security deployments directly from Director Tshukudu Malatji and the instruction to run the process and handling of ad-hoc for Water and Sanitation was issued on 9 January 2025 via email, Annexure LA01 and LA02.”

There was an emergency in late December 2024 and early January 2025 regarding sabotage and vandalism of reservoirs and pump stations in all seven regions of the City of Tshwane.

“During late December 2024 and early January 2025, an emergency arose regarding severally sabotaged and vandalised reservoir and pump stations, including infrastructures situated in all seven regions of the City of Tshwane.”

Criminals intentionally vandalized reservoirs and pump stations to halt the flow of water to enable illicit operators to draw and sell water illegally from municipal hydrants.

“There is an established modus operandi whereby criminals intentionally vandalise the reservoirs and pump stations to halt the flow of water. Once the municipal water supply is stopped, illicit operators utilise water tankers illegally draw water directly from municipal hydrants to sell.”

In the City of Tshwane procurement system, a purchase order cannot be produced without an invoice; therefore, a quotation acts as a deployment letter but does not authorize payment until an invoice is validated.

“the systems in the City of Tshwane now as we speak , as we are here , does not allow that . Because they do not rely on the quotation , they rely on an invoice . Remember now , here they are talking about the quotation . Creditors say in SCM , we cannot produce a PO without an invoice . Hence , I said to Advocate , Commissioners , a quotation is as much as a deployment letter . It does not give effect for SCM or creditors to pay . So , you must validate an invoice , then that interest is made to create the PO .”

A letter dated 1 February 2022 from City of Tshwane confirms that Ramalepe Security and Cleaning Services had a tender accepted by City of Tshwane in terms of court order for tender TMPD02-2016/2017.

“this is a letter from the City of Tshwane, dated the 1st of February 2022... your tender has been accepted by City of Tshwane in terms of the court order in respect of the TMPD 02-2016/2017 tender... Ramalepe is one of those service providers... as per appointment by the court order”

Major Phiri states he received amounts of R876,000 and R6,400 from Monday Social, paid by Carriot Lulama Muweli, whom he describes as Chairman of Monday Social and asserts Lulama Muweli is not connected to City of Tshwane.

“on the 7th, I received the 876,000 from Monday Social . On the 7th again , I received 6,400 from Monday Social . And the person who is doing this is the Chairman of the Social . It is Carriot Lulama Muweli . And I am saying Lulama Muweli is the one who goes to the bank and the bank refuses to pay us directly from the bank . Lulama Muweli has nothing to do with City of Tshwane”

Major Phiri asserts he has business relationships with people linked to the City of Tshwane and service providers, and that he assists them by lending money and knows how to contact dealerships to help.

“I am an employee of Tshwane , but overall I am a member of the public , and I am not saying being a member of the public , I – when people come to me and say , Commissioners , I have , I need such amount of money , some will come to me , they will know that if you ask me , I need a x 4 bakkie and I have 200,000 , I will just tell you straight , give it to me . What mileage are you looking at ? And then I know who to call . I have business friends . So when someone comes to me and asks for help , I help . And I know that that person will say thank you . I do not know how much will he say thank you . He will need a car today and I will give him the car today . I will just call dealerships that I know and say , do you have a car like this and they will say that to me”

Major Phiri states individuals linked to service providers and the City of Tshwane repay him money for services he provides, which is unrelated to official City business.

“many people are paying me a lot of money for what I do for them and I am not in the business of doing , of working . I do not register companies . I assist . People call me from Limpopo . Dealerships ask me , Mr Phiri , it is a pity that I got involved with these people and I saw that their business were drowning ... So I know them ... you will see that people are paying me a lot of money and it has got nothing to do with City of Tshwane”

A person in Major Phiri's position, who can control distribution of work in the City of Tshwane, having financial relationships with individuals linked to service providers is considered worse and presents an apparent conflict of interest.

“for a person in your position , as you at least testified earlier on , where you are somehow in possession , or at least in a position where you can control the distribution of work to the service providers within the City of Tshwane , that makes it even worse for you to be having any financially linked relationships with the individuals who are linked to the service providers”

ADV Mosikili argues that paying R200,000 into an inactive service provider's account is inappropriate and suggests it attempts to hide the true nature of the transaction.

“for example , an answer to him paying R200 , 000 . 00 into a service provider 's account , clearly he says well , he had no knowledge of that . We say that kind of answer is untenable . ... You somehow paid money , 200 , 000 at the very least , into an active service provider for the City of Tshwane is inappropriate and also demonstrates an attempt to at least hide the true nature of that transaction .”

Major Phiri states he does not know what businesses Joe Sibanyoni has with the City of Tshwane but knows from social media that Sibanyoni is a taxi boss.

“I do not know what businesses Joe Sibanyoni has with the City. All I know through social media, if you type Joe Ferrari Sibanyoni, it will tell you that he is a taxi boss”

Mr Mnisi shared the City of Tshwane's response to the Hawks with Sergeant Nkosi before it was sent to the Hawks.

“And the City of Tshwane's response to the Hawks, you have also shared it with Sergeant Nkosi to review before the response is sent to the Hawks. Correct?”

The City of Tshwane has an internal investigations department but it only investigates internal matters within the City and is not authorized to investigate other organs of state.

“It does have that, but … It investigates internal matters. The matters are for issues that occur within the City. They are not authorised to investigate other organs of state.”

MR Mnisi, in his official capacity as the Chief Financial Officer of the City of Tshwane, chose to go to Sergeant Nkosi, a member of the public and not internal investigators or the City Manager, instead of following the official protocol for internal City matters.

“You go to your friend to help you solve a City of Tshwane matter... why you choose not to follow protocol?”

Cain Mpofu is an official in Tshwane's Procurement department; Vusi is also an official in Procurement; Tommy is in charge of payments within Treasury under Mr Mnisi.

“Now, Cain, we have learnt, is Cain Mpofu, who is in the Procurement Department of Tshwane. Vusi, who is Vusi? ... He is an official of the City within Procurement as well. ... Tommy, I think you mentioned, was in charge of payments. ... In your department? ... In Treasury. ... Yes. ... Still within Group Financial Services. ... He is under me, yes, Chair.”

Mr M N Isi has breached the provisions of a confidentiality clause by inserting Sergeant Nkosi in operational matters of the City of Tshwane.

“I have reason to believe that you have breached the provisions of that clause when you inserted Sergeant Nkosi in operational matters of the City of Tshwane.”

Mr Mnisi was in indirect communication with Bheki Nkosi and invited him to submit a bid for a different tender to the City of Tshwane.

“During the period in which that TMPD1 bid was pending before the City, you were also indirect communication with Bheki Nkosi and invited him to submit a bid for a different tender to the City, the City of Tshwane.”

The 'guy' referred to in the message 'We are managing this guy' is Mbungulu, identified as Mpho Lekukela, a former official at the City of Tshwane.

“The message says : 'I want to show you Mbungulu will never win.' That is exactly who I am referring to... I am referring to the guy I termed here as Mbungulu, Chair.”

Mr Mnisi described his relationship with Mpho Lekukela as a bit of a strenuous relationship involving confidential and private work-related disagreements.

“I indicated that it was a bit of a strenuous relationship... there were work-related disagreements which I said they were confidential and private... as a result of that.”

Mr Mpho Lekukela undermined Mr Mnisi's authority at the City of Tshwane and did not follow work-related instructions.

“my authority has always been undermined by a number of individuals ... from my perspective, was Mr Mpho Lekukela where I would have viewed it as a situation where he did not want me to thrive and any work-related instruction I would give they were not really followed accordingly”

Mr Mnisi forwarded a message to Sergeant Nkosi from the Deputy Executive Mayor Eugene Modise warning about people trying to influence the tender process related to Action SA and EFF.

“I forwarded this message from the Deputy Executive Mayor of the City ... Mr Eugene Modise ... the Deputy Mayor was telling me that to be careful, there are people who are trying to influence the process ... purporting to be from Action SA, EFF ... I shared with Sergeant Nkosi ... that this process ... people are so brazen ... trying to lure the Deputy Executive Mayor to interfere in procurement processes”

Payments must be made according to strict protocols and internal controls set by the City and TMPD and TMPD APSS must be involved in handling these payments.

“payments that need to be made , there must be sufficient protocol that has been adhered to and observed at all costs . Within those protocols is ensuring that the internal controls that the city has embarked on and set are followed to the T . Within that is handling the matter with TMPD and with TMPD APSS”

All invoices for the financial year commencing 1 July were resolved except for one invoice worth between 12 and 14 million Rand, which remained unresolved.

“Remember it was a number of invoices to the tune of between 12 and R14 million . I might not remember the figure in its entirety . So , all invoices for the financial year in question , which commenced from the 1st of July , were resolved . It was all invoices except this one . This one was not resolved .”

Mr Mnisi states that the exchanges were about assessing documentation or preparing a bid document, not related to TMPD-1 tender as it was already closed.

“So this looks obviously like they are assessing documentation or they are preparing a bid document... it looks like people analysing, assessing, auditing documents... not related to TMPD-1 whatsoever”

Mr Mnisi states that he was advising Sergeant Nkosi and General Dlamini with free tender advice for a bid not related to City of Tshwane, but to another government institution.

“I am purely providing advice on something that they are interested in... that was not in relation to TMPD-1 whatsoever”

Mr MNISI provided general legal advice on a bid without receiving payment or expecting benefit.

“I h a v e g o t n o i n t e r e s t w h e t h e r f i n a n c i a l o r o f a n y o t h e r s o r t , w h e t h e r t h e y r e c e i v e o r t h e y a r e a p p o i n t e d w i t h i n t h a t a r e a w h e r e I a m a s s i s t i n g i n r e v i e w i n g a n d l o o k i n g a t t h e r o a d d o c u m e n t a t i o n a n d w h a t t h e r e q u i r e m e n t s a r e ... I h a v e n o t b e e n p r o m i s e d a n y m o n i e s . I h a v e n o t b e e n p r o m i s e d a n y f u n d s . I t i s j u s t m e r e l y a f r i e n d w h o s p e c i a l i s e s i n t h e s e m a t t e r s t o h a v e a l o o k a t w h a t i s k e y a s p e r t h o s e d o c u m e n t s”

Mr Mnisi denied any interest or promise of gratification regarding his friend’s brother’s company or the bid process.

“I have got no interest in his brother's company. He is my friend ... I was promised no gratification ... I am not conflicted on two aspects ... I did not interact with physical documents ... I looked and advised on a document that does not even relate to the City of Tshwane ... I had no involvement or influence”

MR MNISI disagrees he was working off Ngaphesheya's document and explains the chats were informal discussions about shortcomings in a raw document from the institution and not related to any tender document for City of Tshwane or TMPD-1.

“These are my chats... I had a raw document from the institution. I picked up on a shortcoming. I stopped looking at the rest because I saw we are never going to make this if there is a shortcoming of this nature... It was not in relation to any tender document for the City of Tshwane... It was not in relation to TMPD-1...”

MR MNISI denies a conflict of interest in assisting Ngaphesheya at the same time as being part of the City of Tshwane bid adjudication process, saying the two matters were unrelated and he did not review raw or attachment documents physically he was only advising on the raw documents for a key area.

“No, it was not, Chair. It had no relationship with the City of Tshwane at all... I did not look at raw documents. I did not look at any attachments and conducted a physical assessment of what was there. I just looked at the raw documents and provided advice on a key area which is not done... There was no conflict of interest...”

Mr Mnisi states the tender involving Ngaphesheya was probably for TMPD-1, and that the requirement was for Grade B guards, not Grade A, meaning his involvement did not create a conflict linked to Ngaphesheya.

“The first scenario that you gave, you mention that this is probable that this was for a City of Tshwane tender, and I would probably say for TMPD-1... The requirement for that bid was Grade B... So the first situation is completely not there... The first scenario that you have provided ... is completely non-existent.”

Mr Mnisi was not presiding over the City of Tshwane bid and was not involved in evaluation or adjudication stages, which would happen nine months later.

“I was not presiding over the City of Tshwane bid. At this stage it was not even an evaluation, it was not even an adjudication. At adjudication, Chair, it was nine months down the line in about September as previously indicated”

The phrase "we" and "ours" in the context of the tender refers interchangeably to M R M N I S I and Sergeant Nkosi, not to the City of Tshwane or Nqaphesheya.

“I referred to me and Sergeant Nkosi ... not me and Ngaphesheya ... when I said we need that”

The tender advertised on 12 December and still open involved the supply, delivery, and offloading of refuse bags for the City of Tshwane over three years; advice was being given on key administrative and evaluation criteria for the open tender.

“advertising a tender for the supply, delivery, and offloading of refuse bags for the City of Tshwane for a period of three years ... regrouping was me giving advice in terms of key administrative requirements, mandatory requirements, as well as key evaluation criteria”

The requirement for Grade A guards mentioned in a text related to the tender referred to the needs of Sergeant Nkosi, not M R M N I S I or the City of Tshwane.

“So you and Sergeant Nkosi needed Grade A guards for the Ngaphesheya tender. No, not me. That is what he needed ... It is something that purely deals with me alone, but he would say yours”

M R M N I S I gave general advice on what the requirements are for a tender not related to the City of Tshwane but to another municipality, and confirmed it was not related to the City of Tshwane.

“I can confirm that I did provide general advice on what the requirements are ... it was not anything related to the City of Tshwane”

Mr Mnisi did not know Nico Mathobela or his role, suggesting that Nico Mathobela might be an outsider with no legitimate connection to the City of Tshwane.

“I did not know who Nico was, and I still do not know who Nico Mathobela is. ... I am not aware of him being an employee at the City of Tshwane. So as far as I am concerned, he might be an outsider.”

Group Audit and Risk (GAR) of the City of Tshwane conducts probity audits on tenders, including appointing independent external legal firms to provide legal support and ensure objective comprehensive probity reviews before matters are considered by the Bid Adjudication Committee, to address past compliance shortcomings.

“Group Audit and Risk is a department within the city which is formally engaged and mandated to conduct a probity audit on the tender under consideration ... GAR further appoints an independent external legal firm to provide specialised legal support and to ensure an objective, comprehensive probity review prior to matters being presented to and considered at the Bid Adjudication level ... It is an additional step that we have put on board as a result of the deficiencies that we have picked up in the past in terms of shortcomings on matters of compliance.”

The probity report is conducted by an independent external legal firm which validates all compliance related to procurement and bidder evaluations for the City of Tshwane, reducing irregular expenditures.

“it is a mirror exercise by a team of external independent individuals who do exactly what the BAC has done”

The probity report identifies bidders that must be disqualified for non-compliance at various stages of the procurement evaluation process, including administrative compliance, mandatory requirements, and site inspections.

“we have taken note of these bidders. We confirm that these bidders must be disqualified for these reasons”

The probity report concludes that findings cast doubt on the integrity of the tender process in the city, indicating significant irregularities that could expose the city to litigation, but BEC may correct identified defects before final recommendation.

“The findings cast doubt on the integrity of the tender process undertaken in the city. While they are significant enough to make the process irregular and expose the city litigation, the BEC may still correct the identified defects before submitting this report to the BAC for final recommendation.”

Sergeant Nkosi's brother's company, despite being registered as a vendor within the City of Tshwane's supplier database and allocated a vendor number, seldom received communication from procurement.

“Sergeant Nkosii informed me at some stage whilst we were socialising that his brother's company, he was finding it difficult to navigate within the City of Tshwane’s procurement environment. He indicated to me that despite his brother's company being registered as a vendor within the City's supplier database system and being allocated a vendor number, for some reason he seldom received communication from procurement”

The City of Tshwane was in the process of digitising its supply chain management function to implement SAP Ariba, causing many procurement issues and complaints at the time.

“At this time the City was in the process of digitising its supply chain management function to the implementation of SAP Ariba, which caused a lot of issues all around and was subject to many complaints at the time.”

The request for the vendor number was to ascertain whether the brother's vendor number had been correctly migrated and captured on the City's new SAP Ariba business network.

“My request was purely to ascertain whether his brother's vendor number had been correctly migrated and captured accordingly on the City's new SAP Ariba business network.”

City officials, including MR MNISI, assisted many suppliers with issues arising from migration to the new SAP Ariba system to ensure digitisation of supply chain management benefits were realised.

“We all had to assist in the migration of these issues as the benefits to the City were enormous. Put in simple terms, we rolled up our sleeves and we assisted in whichever way we could as a pure mechanism of ensuring that we digitised the supply chain management system.”

The main benefits of SAP Ariba for the City included better control over company spending, improved procurement compliance and approval workflows, stronger supplier management and risk visibility, faster, more automated source-to-pay processes, improved invoice accuracy with fewer manual errors, and better spend insight for decision-making and savings opportunities.

“The main benefits of SAP Ariba for the City were the following. Better control over company spending. Improved procurement compliance and approval workflows. Stronger supplier management and risk visibility. Faster, more automated source-to-pay processes. Improved invoice accuracy and fewer manual errors. Lastly, better spend insight for decision-making and savings opportunities, just to name a few.”

In November and December 2025, training sessions for supplier development took place to assist SMMEs on the SAP Ariba system as part of the City’s supply chain management institutional arrangements.

“MR MNISI”

The City was experiencing supply chain management issues, including irregular expenditure, which required implementation of the SAP Ariba system to curb these matters.

“Amongst this, what is key, Chair, is that the City was experiencing supply chain management issues, which are well-known issues. The City has found itself incurring issues of irregular expenditure of the past and we had to curb these issues. In terms of us curbing these matters, we had to come up with a system where we implement Ariba.”

The tender officially closed on the 2nd of October and about 7 bids were received at the time of closing.

“This tender officially closed on the 2nd of October. According to the stipulated submission deadline and procurement requirements, there were a total of about 7 bids that were received at the time of closing.”

The bid specification process included the terms of reference TMPD01 for the provision of services for monitoring and prevention of illegal and building occupation, and demolition of unlawfully erected structures within the City of Tshwane on 19 September.

“The bid specification process duly was considered and approved with the terms of reference of TMPD01, pertaining to the provision of services for the monitoring and prevention of illegal and building occupation, as well as demolition of unlawfully erected structures within the City of Tshwane on the 19th of September.”

The bid referred to as TMPD02 2016-17 was awarded prior to MR MNISI's appointment within the City of Tshwane and he neither was nor could be involved directly or indirectly with that bid during its original award stage.

“I respectfully point out that the above-mentioned bid was awarded prior to my award within the city - prior to my appointment within the City of Tshwane. I accordingly confirmed that I was not able nor would it have been possible or practical for me to assist either directly or indirectly any bidder in relation to the said bid at the stage of its original award.”

The City of Tshwane manages a very complex business with a R55 billion budget allocated to 23 Groups, resulting in differences in internal controls compared to other institutions.

“At City of Tshwane, we run a very complex business, Chair. It is about a R55 billion budget allocated to 23 Groups across the City. Internal controls and the utilisation of SAP … the other system is completely different.”

Due to insufficient funds, the City of Tshwane restricted probity assurance to procurements of R20 million and above in the 2026 financial year because of the complexity and legal risk of bids exceeding that threshold.

“as a result of insufficient funds, we have restricted that in this financial year to any procurement with 20 million and above, reason being, Chair, the complexity and the technical nature of any bid in excess to R20 million and the risk assessment that we have seen over the past that many bids over that threshold are always subject to litigation.”

The City of Tshwane's Supply Chain Management policies allow discretionary amendments to bid validity periods and extensions up to 90 days if bid cannot be resolved within the original validity period.

“As seen by law, and as per the MFMA, 0 days is the required period to complete all bids. However, it does allow us discretion to make amendments within the City Supply Chain Management policies as a guidance document... an amendment to our policy which enables us to give out extensions if we are unable to resolve the bid within a 90-day period... The policy as a guiding document has been amended to cater for extensions of this nature in the event that we are unable to finalise the processing time... we needed to put in place a probity assurance exercise in order to ensure that all processes were followed to the T without facing the restriction or the gateway of 90 days extension period.”

The City of Tshwane employs in excess of 23,000 employees, which necessitates focus on functions rather than individual names for accountability.

“we have got in excess of 23,000 employees at the City of Tshwane, so I need to pay attention to function”

Mr Mnisi's VIP security detail was unceremoniously removed without proper explanation or due process by Mr Sipho Nkomo and Joe Mabunda, who are responsible for VIP services in the City of Tshwane.

“... Mr Sipho Nkomo, with his colleague ... unceremoniously removed my VIP security without explaining ...”

Deputy Chief Dlamini admits to sharing information related to tenders TMPD 2 2016-17, TMPD 1 24-25, and TMPD 3 24-25 with Sergeant Nkosi and other persons, but denies sharing it outside the City of Tshwane except as requested by Sergeant Nkosi.

“I have not shared any information with any other person outside the City of Tshwane, except instances illustrated in paragraph 50 of those requests from Sergeant Nkosi.”

Deputy Chief Dhlamini denies influencing or directing the allocation of work by the City of Tshwane or Tshwane Metro Police Department to any service providers, including Gubis 85 Solution.

“I could have not influenced or directed the allocation of work to any service provider ... I deny, the narrative is incorrect.”

Deputy Chief Dhlamini testified he never discussed payment and allocation of work with Sergeant Nkosi or other persons not employed by the City of Tshwane or Tshwane Metro Police Department.

“I have never discussed any payment with Sergeant Nkosi. ... The allocation of work is the responsibility of APSS.”

Deputy Chief Dlamini states that his relationship with Mr Gareth Mnisi, CFO of the City of Tshwane, is purely professional and does not extend beyond work.

“Mr Mnisi is my colleague who holds the position of the CFO in the City of Tshwane. I do not have any personal relationship or business relationship. The relationship I have with the CFO is a professional relationship and does not extend beyond that point.”

The Tshwane Metro Police Department (TMPD) did not have capacity to protect its property, assets, and personnel around 2016-2017, nor did the City of Tshwane municipality.

“TMPD did not have capacity to protect its property, assets, and personnel. It was not only TMPD, but the City of Tshwane as a municipality did not have capacity to protect its properties, assets, personnel.”

The Asset Protection Services Section was established under TMPD Specialized Policing Division to protect property, assets, and personnel of the City.

“hence, the Asset Protection Services Section was established under TMPD, Specialised Policing Division. The objective was to protect the property, assets, and personnel of the City.”

Director Malatji was appointed by the City Manager to serve in the bid evaluation committee to evaluate the TMPD 2 tender along with other members from different city departments.

“I was thereafter appointed by the City Manager to serve in the bid evaluation committee together with other members from different relevant departments of the city. The tender was evaluated accordingly by the BEC members, including myself.”

There was communication from within the City of Tshwane to an outsider alerting the outsider that a particular tender was non-compliant and suggesting urgent correction to make the tender compliant.

“in respect of some tender there was communication from within the City of Tshwane to an outsider, alerting the outsider to the fact that that particular tender was non-compliant, indicating the nature of non-compliance and suggesting that urgent correction be made to make the tender compliant”

Since 2018 the city has been unable to protect all its assets due to financial capacity constraints, leading to coverage of only about half the assets under private security guards and some under in-house security.

“since 2018 to date, the city has not been able to protect all its assets ... out of more than 1000 assets ... we were covering almost 545 sites... financial capacity ... the budget has not been able to enable us to cover every asset...”

Since about three years ago, the city opted to insource security officers, but the number remains insufficient to cover all required sites for asset protection.

“the city went on and decided to in source security officers, and yes, the number is not enough to enable us to cover all the sites that the city needs to be covered”

A Court Order awarded tender TMPD 22016-2017 to 22 security service providers including Gubis Solutions (Pty) Ltd, and the City of Tshwane was served with this order on 22 October 2021.

“The city of Tshwane was later served with a Court Order which awarded tender TMPD 22 2016 - 2017 to 22 security service providers including Gubis Solutions (Pty) Ltd. I attached a copy of the Court Order dated the 22nd of October 2021 marked as Annexure TB 3.”

Mr. Baloyi SC asserts that in January and February, Phiri issued deployment letters without authority, causing a R14 million expense to the municipality, and that Director Malatji had the power to stop this but failed to act, making him responsible for the irregular expenditure.

“We know that in January and February, when Phiri issued these deployment letters, which you have already admitted he did not have that kind of authority ... it cost an expense of R14 million ... You were the effective cause of that R14 million expense ... You failed to do that ... you chose not to tell departments to direct their requests to you ... You did not ... you failed ... you are responsible for that irregular expenditure of 14 million rand.”

Adv Khumalo accuses Director Malatji of allowing irregular ad hoc deployments costing the City of Tshwane millions of rands to continue despite awareness from 2024, questioning why he did not stop them.

“Ad hoc deployments are being done irregularly and they are costing the City of Tshwane millions of rands, millions, and you do nothing about it ... Why did you not stop them?”

Mr Revo Spies issued an instruction to officials in Director Malatji's office not to provide him any information that might assist in preparing his testimony for the Commission.

“Mr Revo Spies issued an instruction to some of the officials that are in my office not to give me any piece of information that I might need in order to prepare myself for today's testimony.”

The instruction from Mr Revo Spies created an environment of fear within the department, making it very difficult for Director Malatji to prepare his testimony effectively.

“The instructions so issued have created an environment of fear within the department... It really made my testimony very difficult if not rendering it ineffective.”

Director Malatji was suspended in July 2025 following an investigation by Commissioner Spies who established that he had committed misconduct.

“You were suspended in July of 2025... Commissioner Spies had investigated your conduct and had established that as far as he was concerned, you had committed misconduct.”

Director Malatji received a call from an investigator in September (post-suspension) regarding the misconduct case and was taken through the allegations.

“it was in September... that I received a call from the investigator who was calling to say... I am investigating this case of misconduct against you and I wanted to check if we could meet just to take each other through what the allegations are.”

Director Malatji failed to declare directorships of his companies and failed to penalise service providers whose actions led to municipal losses, resulting in charges and suspension.

“I failed to declare directorships... I failed to penalise service providers who, whilst they are deployed, had activities happening that led to the municipality losing what you call. I am facing these two charges.”

Director Malatji admits being on suspension and receiving a salary for almost 10 months without performing beneficial work for the City or the community of Tshwane, indicating a commitment to the community despite differences with colleagues.

“I am sitting here for 10 months, almost 10 months on suspension, getting a salary, and I am very much guilty of receiving, of getting paid, right, for so long without doing anything to benefit the City or the community of Tshwane... I am sitting here receiving a salary for 10 months without doing anything... But with me, I need the Commissioner to note this... My commitment is that... in 2017 to 2019, I was not suspended but taken out of the position and continued to be paid without doing anything...”

Cain Mpofu is a senior person in the supply chain management process of the City of Tshwane, and was copied on the extension letter communication.

“...Cain Mpofu... he is a senior person in the supply chain management process of the City of Tshwane.”

Commissioner Bolhuis is appalled at the corruption taking place in the City of Tshwane and most municipalities and government departments and emphasizes the expected loyalty, ethics and service from public servants.

“I am appalled at the corruption taking place in the City of Tshwane and, for that matter, at most municipalities and government departments. We are public servants and it is expected of us to be loyal, ethical, and serve our people.”

There is a formal supply chain management process at the City of Tshwane with strict compliance checks overseen by the Chief Financial Officer.

“There is a supply chain management process where people must comply with certain, and there is a checklist... So after they have done the checks and balances, obviously they feel that the service level agreement must be drawn up because these companies have met the requirements.”

It is worrying and unacceptable that a South African Police Service sergeant, not working for the City of Tshwane nor in supply chain management, could give guidance or prefer companies in the City's supply chain.

“He is not even working for the City of Tshwane. He is not even in the supply chain management environment of the City of Tshwane. He is a South African Police Service sergeant. It is very, very worrying that he could give guidance or he could actually prefer companies. It is unacceptable.”

An investigation within the City and Tshwane Metropolitan Police Department is ongoing to determine if tenders were properly awarded, including whether the companies met the requirements for appointment.

“Is there an investigation presently within the City and, or TMPD that is looking at whether these tenders were properly awarded, as in, for example, did Ngaphesheya meet the requirements for appointment?”

Commissioner Faro confirmed that investigation into tenders is ongoing at both City and TMPD levels, including consequence management and supply chain requirements.

“I am sure the City is busy with that investigation as well under the GAR, group audit and risk... We are busy with all the investigations in terms of TMPD... we are also looking at how the, as I said with the CFO, we require that information in terms of the points system, the documents, all of that we are also looking at.”

Commissioner Faro confirmed that consequences will follow non-compliance with the City of Tshwane's very clear supply chain management policy.

“The SCM policy is very, very clear of the City of Tshwane... So definitely there will be consequences.”

Sean Ian Edward Eugene Bolhuis is the Deputy Chief of Police for Training and Innovation in the City of Tshwane Metropolitan Police Department (TMPD) starting 1 June 2024, recommended by the Chief of Police and other senior city officials.

“I am an adult male South African citizen and the Deputy Chief of Police for Training and Innovation in the City of Tshwane Metropolitan Police Department, which is known as TMPD. Having assumed this role on 1 June 2024, I was recommended by a panel consisting of the Chief of Police and other senior city officials.”

It is not yet a lawful requirement in the City of Tshwane to have a top-secret security clearance for high-level positions, though there are security committee recommendations and premises for it.

“It is not a lawful requirement yet in the city, although it should be. ... those bases or building blocks are in place, but as I indicate, it is not policy yet ...”

All high-level advertised positions in Tshwane now require candidates to avail themselves for vetting for security clearance purposes.

“all high level positions in the city of Tshwane, when advertised, it is now a requirement within the advertise that you avail yourself for vetting purposes for security clearance.”

There is an ongoing issue with certain senior officials refusing to undergo vetting both internally in the Metro Police department and in the City of Tshwane.

“Certain senior officials refuse to get themselves vetted. ... That is a matter that we are still addressing within the department and in the city.”

The City appointed 22 security service providers through Tender TMPD 02-016.17 to supply physical security guarding services for three years from 1 February 2022, with a monthly service contract equivalent to 600 million per financial year.

“The City appointed 22 Security Service Providers through Tender TMPD 02-016.17 to supply the physical security [guarding] services... for a period of 3 years... The monthly service contract for the appointed service providers amounts to 0 million, which equates to 600 million per financial year.”

The operational budget allocation for asset protection services was increased by R305,611,361 from R489,374,219.15 to R794,985,580 due to additional funding requests submitted for Watchman Services, as the original budget was insufficient to provide guarding services through the appointed service providers.

“The operational budget allocation for asset protection services was increased by R305611361 from R489374219.15 to R794985580. This was due to a request for additional funding requests submitted to Group Financial Services for Watchman Services... The original operational budget allocation for Watchman Services was R245 million for 2023-24 financial year, which was not enough to provide the guarding services through the appointed service providers.”

There was a regular short budgeting process for security services at the City of Tshwane, causing under-budgeting in previous financial years and requiring a process to ensure funds allocation for service delivery throughout the financial year.

“We were under budget. So, then we would, and which we did, we would look at the finances, and we will draft a ... We had the 22 companies... Then once you determine in your projection that you are going to have a shortfall, it was clear to me that there was a regular, short budgeting process... Whether that was deliberate... I am not a CFO... It was cumbersome for us to notice again that this financial year that I was the caretaker or part of it we have under budget.”

Commissioner Bolhuis states that upon the transfer of APSS unit, he inherited the tender TMPD 02-2016-017 related to the supply of physical security services in the City of Tshwane, starting from March 2022.

“I inherited the above tender with the transfer of APSS. In this tender, the city appointed 22 security service providers to supply the physical security [guarding] services to protect the property, asset, and personnel of the city of Tshwane for a period of three years, with effect from March 2022.”

Commissioner Bolhuis can make enquiries about late payments but is not physically part of the financial payment process, which follows MFMA and supply chain management procedures of the City of Tshwane.

“I can, as a senior official, make enquiries about late payments, why this has not been done, whilst all invoices submitted, those kinds of things, but not physically part of that financial process.”

The extension of the security tender TMPD 2/2016/17 was approved to supply physical security guarding services on a month-to-month basis from 1 March 2025 to 30 June 2025 to protect assets and personnel of the City of Tshwane.

“the Tswhane Metro Police Department is requesting for the approval for the extension of the security tender TMPD 2/2016 17 for the supply of physical security guarding services to protect the property assets and personnel of the City of Tshwane on a month-to-month basis for a period not exceeding four months with effect from 1 March 2025 to 30 June 2025”

Commissioner Revo Spies was a section-56 contract employee at Ekurhuleni for five years but took early retirement; upon appointment to Tshwane, he became a permanent employee under a performance contract without a fixed term.

“At Ekurhuleni, I was appointed as a section-56 contract employee for a period of five years, which I took early retirement... When I was appointed in the City of Tshwane, I was appointed as a permanent employee till I reached the compulsory retirement age of 65 years... I am now a permanent employee with a performance contract, but not with an employment fixed term contract.”

An amount of R590,000,000 was paid to Gubis 85 for ad hoc services, with related purchase orders created on 6 March 2025.

“So during this time, that amount of R 590 000 000 was paid to Gubis 85 for ad hoc services only...purchase orders created out of this process were registered on the TMPD system only on the 6th of March”

Mr Mnisiin and Deputy Commissioner Dhlamini communicated with each other via Sergeant Nkosi on March 20th regarding the creation of purchase orders for ad hoc services.

“I have been informed that Mr Mnisiin and Deputy Commissioner Dhlamini communicated with each other on 20 March by sending messages through Sergeant Nkosi in relation to the creation of purchase orders for ad hoc services.”

Mr Mnisiin is the Chief Financial Officer of the City of Tshwane.

“Mr Mnisiin is the Chief Financial Officer of the City of Tshwane.”

Deputy Commissioner Dhlamini is Deputy Chief Metro Police and Deputy Chief of Support and Administrative Services in the City of Tshwane, but has been suspended due to appearing at the Commission.

“Deputy Commissioner Dhlamini is a Deputy Chief Metro Police in the City of Tshwane and he is the Deputy Chief of Support and Administrative Services... I have been informed that he has been suspended on last week Friday due to his name being appeared here at the Commission.”

Commissioner Yolande Faro is the Chief of Police in the City of Tshwane.

“The Chief of Police is Commissioner Yolande Faro.”

Tender TMPD 02/2016/17 was awarded to bidders recommended for supplying physical guarding services to protect Council property and personnel of the City of Tshwane for three years with variable amounts, and those bidders were registered with the Private Security Industry Regulation Authority as at the date of the order.

“Tender TMPD 02/2016/17 is awarded to the applicant and such other bidders who: 1.1 were recommended for the supply of physical guarding services to protect Council property and personnel of the City of Tshwane for a period of three years at variable amounts... and 1.2 are registered with the Private Security Industry Regulation Authority as at the date of this order.”

The City of Tshwane was ordered to conclude service level agreements with the bidders awarded the tender, specifying agreed services, service measurement, and response times.

“The respondent is ordered to conclude service level agreements with the aforesaid bidders which agreement shall detail the agreed services to be delivered, how such service is measured in the provision thereof, and the response time required for such service.”

The City of Tshwane is ordered to pay the applicant's costs, with the cost of 21 October 2021 to be taxed on the unopposed scale.

“The respondent is ordered to pay the applicant's cost, save that the cost of the day in respect of 21 October 2021 will be taxed on the unopposed scale.”

The tender that commenced on 1 March 2022 was not a new tender process but a fresh start mandated by a court order on 22 October, due to delays caused by legal and corporate processes.

“It is because of the court order on 22 October, it took a while for the corporate and legal to design and create these service level agreements, and then the service level agreements and the contracts and everything was only done and completed in February 2022 and the tender then commenced 1 March 2022.”

Between 2017 and 2022, the previous service providers had their contracts extended on a month-to-month basis due to the tender process delay and court interdicts.

“...those tenders were extended on a month-to-month basis up to February 2022. So effectively at 28 February 2022, those tenders then were completed...”

The tender was evaluated with 22 companies considered successful by the Bid Evaluation Committee (BEC), but the entire process was stopped and cancelled due to missing documents and irregularities as per the Bid Adjudication Committee (BAC).

“...there was a total evaluation of 22 companies, and they did the complete evaluation and those 22 companies have been in the BEC the whole time. But when it was then submitted... with a recommendation that that whole process must be stopped and cancelled.”

The Chairperson of the BAC, Mr. Umar Banda, who was also the City's previous CFO, cancelled the tender due to irregularities, but Judge Fabricius ruled narrowly that the tender had to be started fresh due to legislative limitations on cancellation reasons.

“The then Chairperson of the BAC was the previous CFO of the City, Umar Banda, and he signed off and said it must be cancelled due to irregularities. However, Judge Fabricius very narrowly in the first court order... ruled that you cannot use that to cancel the tender, that is why it must be started fresh.”

Information about the 22 companies considered successful was probably leaked by the City, and the companies then took legal action to assert their success and the court ruled they must be awarded the tender.

“...everyone leaked most probably the information, and then the 22 companies knew that they were deemed by the BAC to be successful, but they took then the decision to court to say, no, but we are successful, and that is when the court then made the ruling to say that those 22 companies we initially were must be awarded the tender.”

The tender TMPD 03/2024/25 for security services at City of Tshwane sites was recommended for cancellation due to material irregularity found during evaluation and probity review.

“the BEC therefore recommend that the tender for the appointment of a service provider to provide security services at various sites belonging to the City of Tshwane, including substations and reservoirs, for a three-year period be cancelled due to material irregularity.”

The City of Tshwane operates a hybrid security model integrating in-source security guards and contracted private security companies, per a court ruling directing it to contract 22 private security providers for a three-year period starting March 2022 and expiring February 2025, with extensions approved until September 2025.

“The City operates a hybrid security model that integrates both in-source security guards and contracted private security companies. This approach was adopted following a court ruling in August 2021, which directed the City to contract 22 private security service providers for a three-year period...The contracted services began their services with the city on 1 March 2022, and the contract expired on 28 February 2025. An approved extension of the current contract was set to expire on 30 June 025. The BAC approved a further extension of the security services for a period of three months from 1 July to 30 September 2025.”

During the 2024-2025 financial year, the City of Tshwane approved a budget of approximately R3 billion for provision of security services to protect city property and personnel, with an additional R350 million allocated during the budget adjustment period due to initial deficits.

“During the financial year, the city approved and made a budget available of R307129702 for provision of security services to protect the property assets and personnel of the City of Tshwane...an additional R350 million was allocated to this service as the initial budget allocated was in deficit.”

The forensic investigation related to a report that cost the City a lot of money is ongoing, with an initial report sent late and no feedback received to date.

“now there must be a complex forensic investigation that cost the city a lot of money...there is already a forensic investigation happening...the Hawks were already investigating Gubis because there was an anonymous informant and reporter who reported...I have not received any feedback on that investigation”

The tender 12024-2025 relates to monitoring and prevention of illegal and building occupations in Tshwane, informally called the land invasion tender, and was advertised on 26 August 2024; the bid involved numerous officials and was processed with probity procedures.

“At paragraph 54 tender 12024-2025 it relates to the monitoring and prevention of illegal and building occupation service as well as the demolition of any illegally erected structures in the city of Tshwane...Informally ... we call it the land invasion tender...advertisement date was 26 August...the Bid Specification Committee included six named members...the bid was processed with probity and approved on 7 October”

Sergeant Nkosi was sending a series of job application receipt documents to General Dlamini for vacancies advertised at Tshwane, encouraging youth to apply and following up on their applications.

“The reason that I was sending this to General Dlamini, these documents are the application for the vacancy that was advertised at Tshwane. As a person who is directly involved in the community activities, I am encouraging youth to apply for employment. I then make a follow-up to that effect.”

The City of Tshwane processes applications in 12 weeks, and applicants are advised to consider their applications unsuccessful if no reply is received within that time.

“You are hereby informed that correspondence will be limited to shortlisted candidates only. If you do not receive a reply within 12 weeks of the closing date, please consider your application unsuccessful.”

Sergeant Nkosi is not employed by the City of Tshwane.

“I think we have all agreed that you are not an employee of the City of Tshwane, correct?”

When the City of Tshwane communicates with an applicant about employment, that communication is between the City and the applicant only.

“When an applicant applies to the City of Tshwane for employment, that is an issue between that applicant and the City of Tshwane.”

Correspondence between the City of Tshwane and a job applicant does not involve Sergeant Nkosi; it is strictly between the City and the applicant.

“Any correspondence between the City of Tshwane and that applicant will be between those two parties.”

Documents such as acknowledgement letters regarding job applications are internal City of Tshwane documents and not public.

“For example, this acknowledgement letter that somebody's application has been received, has been processed, and they will get feedback within 12 weeks. That is communication between Tshwane and the applicant, correct? ... And it is an internal Tshwane document because you pull it from the system. You do not have access to it...No, it cannot be in the public domain. These are not things that are put in newspapers.”

Sergeant Nkosi denies having had access to documents belonging to the City of Tshwane which he should not have accessed.

“I do not accept it.”

Advocate Khumalo asserts that Sergeant Nkosi was pulling strings related to tenders and recruitment processes in the City of Tshwane without being authorized to do so, but Sergeant Nkosi denies this.

“you were pulling strings in relation to tenders at the Tshwane Municipality, but you were also pulling strings in relation to recruitment processes that had nothing to do with you.”

Sergeant Nkosi claims that his involvement in recruitment processes was motivated by trying to help unemployed youth and denies influencing or using his contacts or friendships improperly.

“I think it was on the basis of trying to help these youth who were unemployed or who are unemployed... If I used my influence at Tshwane or used my friends or people that I have captured in a way that Commissioner Khumalo has put it, it is a bit harsh. My Commissioner, I did not capture.”

Sergeant Nkosi confirms that the document sent to him was an internal City of Tshwane document dealing with tenders for land leases, specifying details about the proposals, approvals, and cancellations.

“this looks like a internal City of Tshwane document dealing with tenders for land leases, which explains the specifications that were put out, the proposals that came in, which were recommended, which lease have been recommended for cancellation, and which proposals had been approved by the Bid Adjudication Committee”

Sergeant Nkosi says the project related to the land lease tenders was already closed when the document was sent to him, and that the document was publicly available, as told to him by the woman who sent it.

“this project, according to my understanding then, it was already closed ... It was on a public platform ... Because of she told me so”

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.'”

The City of Tshwane is investigating alleged cases of corruption involving municipal officials in the Supply Chain Management and Finance departments related to awarding tenders without following proper processes, leading to financial loss.

“This office is investigating alleged case of corruption against City of Tshwane municipal officials attached to Supply Chain Management together with Finance officials. It is alleged that about four entities were awarded tenders without following proper Supply Chain Management processes leading to the City of Tshwane municipal departments suffering financial loss.”

On 22 November 2024, members of the Hawks visited the City of Tshwane and left a suspicious brown envelope at the securities office, not following proper procedures in their inquiry about Tshwane.

“On the mentioned date, that is 2024 date, it will be the 22nd of November, there was a visit by the member or the so-called member of Hawks into the City of Tshwane. They then came with a brown envelope. They left this note to the securities downstairs for the securities to call or to give it to the CFO. Because the CFO knew me, he found it very odd that if those members were legit and something that they had was legit, why did not they come to his office or follow proper procedures if they have any inquiry about Tshwane, about him representing Tshwane, following the proper procedures?”

Sergeant Nkosi overheard the CFO complaining to a disgruntled supplier about non-payment issues and decided to assist by ensuring payment was processed.

“I was only helping the CFO with the frustration that the service provider was threatening to take the city to court. So, as a result, the CFO was getting frustrated... That is how I intervened.”