The City representative Major Phiri showed emails interpreting that Director Malatji gave instructions regarding ad hoc appointments, contrary to Director Malatji's stated position that he never gave such instructions.
“Director Malatji said he never gave any instruction to Major Phiri to do anything with regard to the ad hoc appointments. Major Phiri showed us emails which he interprets to mean that Director Malatji actually did give him instructions regarding ad hoc appointments.”
Additional documents communicated yesterday with Mr Nkosi's attorneys include supplemental transcripts mainly relating to the testimony of Mr Malatji, Mr Phiri, and Mr Mnisi.
“the additional documents ... it was essentially the supplement, the additional transcripts, and those additional transcripts are in the majority his testimony”
The focus of questioning is more on the instruction about emails Mr Phiri relies upon, rather than on the statements themselves.
“the focus ... is on the instruction ... more on the emails themselves, on which Mr Phiri relies in making the point that I was instructed by Director Malatji”
Mr Nkosi states there is a quite voluminous bundle submitted by Phiri that discusses his working relationship with Malatji.
“It has been a common point that Mr Phiri has been working with Mr Malatji quite a number of times . That is quite voluminous bundle that are talking about that information”
According to the Chairperson, Major Phiri was required not to deploy Gubis 8 on site as of 31 December 2024, and Major Phiri was not cooperative and suggested Gubis 8 should go off site; following this, engagements occurred which led Director Malatji to say Major Phiri should run the process.
“Major Phiri said that he was required to, not to deploy, I think the Gubis 8 was already on site, and this is on the 31st of December 2024. And he was not prepared to cooperate, and he actually said Gubis 8 should go off site. And from that point onwards, there was then an engagement between you and other people as well. The engagement being made by someone who I think is an engineer within Water and Sanitation. I have forgotten the name now. But an engagement that culminates in you saying that Major Phiri should run with the process.”
Director Malatji does not remember seeing signed deployment letters for January 2025 and denies having given authority to Mr Phiri to issue deployment letters.
“I do not remember seeing such signed deployment letters ... I was not giving him authority or delegating him responsibility to deploy any ad-hoc”
Chairperson accused Director Malatji of effectively just waiting for others to come back and tell him what happened instead of proactively ensuring deployment despite repeated urgent requests.
“Because from your answer, you seem to suggest that you just sat and waited for them to come back to you and tell you what happened eventually. If that is what you did... we may be inclined to interpret this email in the same way as Major Phiri.”
Director Malatji admitted issuing an instruction to run with the process meaning to do due diligence, but said no further communication or follow up was made as they did not come back to him.
“I have issued an instruction. They must run with the process. Running with the process, meaning to do due diligence. They did not come back to me.”
Director Malatji admits he agreed to instruct Mr Phiri to run with the process regarding the handling of further deployment requests despite concerns about additional sites added without proper GL account numbers.
“I agree. Yes, I did instruct Phiri on the 7th of January.”
Director Malatji copied Andrew and Calvin into an email because they were already instructed to deploy to the sites; he assumed deployment authority had been given to them, although he was unsure if this was confirmed with Madihlaba or Phiri regarding the service provider.
“The reason I copied Andrew and Calvin... is simple that they were, in my view, already having instruction to deploy.”
According to Major Phiri, Gubis had actually been deployed onsite by 31 December 2024 but were ordered off site by Major Phiri, contradicting any assumption of termination of deployment.
“According to Major Phiri, Gubis had actually been deployed... on 31 December 2024... and Major Phiri says he told them to get off site.”
Advocate Baloyi asserts that the instruction to execute the request was made by Director Malatji's department, specifically regarding appointments connected to Water and Sanitation Department projects such as Klapperkop and Brickfield.
“the instruction was not directed to the initiator of the adhoc services, and this is Water and Sanitation Department... But you made the appointment. Your department made that appointment... Klapperkop and Brickfield... the balance of them, you had given Phiri instruction to run with this...”
Phiri is part of the appointing department and issued deployment letters, which implies the department is responsible for appointments and terminations.
“Is he not in your department? He is. So your department is issued deployment letters.”
On 31 December 2024, there was an agreement and actual deployment of security guards at Gubis to protect against vandalism, but Major Phiri stopped the deployment as he was not present and could not do it himself.
“He was saying deploy. In fact, he had already made arrangements for Gubis to deploy... I stopped it on the 31st and I said I am not around and I cannot do it... I stopped it.”
Major Phiri was responsible for overall coordination and command as security coordinator for municipal departments experiencing security vulnerabilities.
“It is just a document to show why Director Malatji will know that I am in overall coordination and command. It is me.”
Major Phiri did not personally allocate security deployments but received instructions from Herman Segolela who did the allocations and identifications.
“Now, the deployment is no longer on my hands. It is on Mr Herman Segolela. He allocates, he identifies.”
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.”
MAJOR PHIRIDay 96 · 23 Apr 2026Refers to: December 2024 - January 2025Location: 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.”
MAJOR PHIRIDay 96 · 23 Apr 2026Refers to: December 2024 - January 2025Location: City of Tshwane
Major Phiri actively resisted deploying guards at two specific pump stations as he had not conducted physical site inspections to verify the extent of vandalism and instructed halting deployments by 31 December 2024.
“I actively resisted deploying guards at that time and instructed the service provider to halt my deployments by 31st December 2024, as I was out of Pretoria, I had not yet physically verified the locations or extent of the vandalism.”
On 6 January 2025, a meeting was convened involving Director Tshukudu Malatji, Herman Segolela, Dr. Kwapeng Madihlaba, and Major Phiri where Segolela complained that Phiri's delay in deploying security caused multimillion rand damages due to theft and vandalism.
“On 6 January 2025, a meeting was convened involving Director Tshukudu Malatji, Herman Segolela, Doctor Kwapeng Madihlaba, and myself. During this meeting, Mr Segolela formally complained that my delay to deploy security blindly had cost the department an estimation accounting to millions of rands in damages due to theft and vandalism.”
Major Phiri stated he could not authorize deployments without conducting physical site inspections first.
“I reiterated to Director Malatji that I could not authorise deployments without conducting physical site inspections... I am doing physical site inspections now.”
Reservoirs and pump stations are located far from communities and criminals vandalize the infrastructure to force the department to replace pumps, which are usually stolen again within seven days, hence security must be deployed before replacement to guard the site adequately.
“Reservoirs and pump stations are located in areas that are far from the communities... criminals will vandalise the pump station and the department... will replace the pumps. And within seven days, they will be stolen again... what a normal practice is that before they replace, we put security first so that when they replace, security is already there now guarding the place.”
Criminals sell stolen water drawn illegally from municipal hydrants via water tankers, which operate through a City tender to supply water through water tankers.
“In the City there is a tender of supplying water through water tankers... So, if pump stations are vandalised and sabotage, now the communities need water. Water tankers must start working.”
The protective service provider known as Gubis 85 Solutions was chosen by the management of Water and Sanitation Department.
“Regarding the specific allocation of these protective services to the service provider known as Gubis 85 Solutions, I must state unequivocally that the company was chosen by the management of Water and Sanitation Department.”
Major Phiri was not involved in the deployment of the company in May 2024 and started being involved only in January. The usage of Gubis at sites in May 2024 was without his knowledge, and Mr Herman Segolela or his bosses must explain this use.
“while following the proceedings, there were assertions that in May 2024 this company was deployed to certain sites and I was involved. And I cannot... I will just say it is incorrect... I started being involved in January... I want to put it clear that if Mr Herman Segolela or his bosses come here, they will have to explain why they were using it without the knowledge of APSS. So, I was not involved in that one.”
Major Phiri's standard operating procedure for deployment involves physically visiting vandalized sites to conduct security assessments before issuing formal deployment letters, often requiring departmental technicians to accompany him due to insufficient coordinates.
“I was among the evaluation and assessment of processes: 'When tasked with a deployment, my standard operating procedure was to physically visit the sites to conduct the security assessment before issuing a formal deployment letter. Because coordinates were often insufficient to locate remote infrastructure, I required the use of the department technicians to ... physically accompany me to the vandalised sites.'”
Major Phiri does not have the names of the department technicians who accompanied him because the information was sent to him as phone numbers only, and he has changed phones multiple times since 2025.
“I do not have the names because they will send me maybe a phone number and then name. But remember it was in 2025, and I have changed phones three times. So I do not have their names ...”
Upon inspecting premises, Major Phiri formulates security recommendations detailing required personnel and resources, such as recommending three day shifts, five night shifts, or one VIP and guards.
“Upon inspecting the premises, I will formulate a security recommendation detailing the request, the requisite personnel and resources, for instance, recommending three day shifts and five night or one VIP and guards.”
Major Phiri highlights that his security recommendations were disregarded and he had to work with existing directives, despite recommending specific personnel and shifts.
“Mine now is to verify and make sure that the deployment letters speak to what is written on page 18.”
Major Phiri issued the first batch of deployment notices on 14 January 2025, effective from 15 January 2025, after verifying that the infrastructure size existed to justify deployment.
“I signed off approximately the first batch of deployment notices on 14 January 2025, which officially became effective on 15 January 2025. The purpose of the adhoc deployment was to secure the premises adequately so that Water and Sanitation could safely execute repairs and reinstall infrastructure.”
Major Phiri issued deployment notices effective 15 January 2025 but acknowledges guards were deployed on site from 7 January 2025, without backdating the deployment letter to fit the actual deployment dates.
“you issued your notice on the 14th and it becomes effective on the 15th , regardless of the fact that these have already deployed on the 7th of January.”
Major Phiri denies allegations of favouring Gubis 85 Solutions or receiving incentives for channelling work to them, stating he executed his duty as instructed without improper motives.
“I have been made aware of inferences suggesting that I may have favoured Gubis 85 Solutions or received incentives for channelling work to them . I categorically deny this allegation .”
Major Phiri states that once deployment of Gubis 85 Solutions' guards was processed, he had no further interaction or relationship regarding the ad hoc services, as invoices and payment responsibility lay with the Water and Sanitation Department or TMPD Finance Department.
“I had no further interaction or relationship with Gubis Solutions once the deployments were processed .”
Major Phiri describes the purpose of ad hoc deployment of guards as securing premises so that Water and Sanitation Department could safely execute repairs and reinstall infrastructure, with oversight of guards handed to the Department and TMPD monitoring team after deployment.
“The purpose of this ad hoc deployment was to secure the premises adequately so that Water and Sanitation Department could safely execute repairs and reinstall infrastructure . Once the guards were deployed , the monitoring and daily oversight of this personnel were entirely handed over to Water and Sanitation Department . The Tshwane Metro Police Department , TMPD , APSS monitoring team , thus supervised this ad hoc placements .”
Major Phiri states he has no role in generating or creating purchase orders; this responsibility lies solely with the Department of Water and Sanitation, which also handles invoice payments. He denies any improper relationship or favouritism regarding Gubis 85 Solutions.
“I am not responsible for generation or creation of purchase orders . That is the sole responsibility . In this case , it was going to be the sole responsibility of Department of Water and Sanitation . As in 18 , it was told that the invoices must go to Department of Water and Sanitation or TMPD Finance Department . And I have been made aware of inferences suggesting that I may have favoured Gubis 85 Solutions or received incentives for channelling work to them . I categorically deny this allegation .”
Major Phiri states his role regarding ad hoc services ended with deployment and invoice responsibility transferred to Water and Sanitation Department; any payment disputes must be escalated to other parties without further interaction with him.
“My job is done with the deployment and any payment dispute should be handled by other responsible parties without further interaction with me.”
Major Phiri states there were further interactions with Gubis 85 Solutions relating to their work in the region, specifically with issues regarding reservoir and pump stations, but no further interactions regarding ad hoc services.
“I have further interactions with them because they work in the region and if something happens in those , what you call , reservoirs and pump stations , they will contact me and say , but we have a problem , we do not have a parameter fence . But we are not speaking about any other thing other than that .”
Major Phiri states he obtained a Standard Bank account where a bond settlement amount of R147,2776.02 was received on 11 December 2025 and he is now telling the nation that he got the money.
“Standard bank account number, bond settlement amount of R1472776.02 on 11 December 2025 . Here now I am telling the nation that I got the money”
Major Phiri received a lump sum more than the bond settlement amount from RAF in 2024 and started loaning portions to friends and family but intended to settle the house immediately after payment.
“But I received the money in 2024. ... I started loaning out a portion to my friends and family, but my intentions were to settle the house immediately after payment.”
On 13 May 2025 Major Phiri received R151,462.07 from BMW and R145,000 from We Buy Cars, using a loan from a friend to finance these transactions.
“On the 13th of May, I received R151462.07 payment from BMW. ... on the very same day I received R145000 from We Buy Cars. And on the very same day I received this money that I borrowed from this friend of mine.”
Major Phiri borrowed R150,000 from his friend William Shupe and paid it back, though payment was demanded in cash due to the friend's gambling habits.
“It is a loan from a friend of mine who owns businesses ... The name? It is William Shupe ... This friend of mine said to me you must pay back in cash ... we are professional gamblers. So we must use the money.”
Major Phiri managed a social club called Stokvel through which significant sums of money are pooled and shared among members.
“He pays me R6004 and he also pays me R876000 on the same day ... So Keryot Lulama Mweli is a friend of mine where we have a social club ... A social club is what we, in the street, we call it a stokvel ...”
Major Phiri derives money by selling cars and gambling, which are pooled in a social club, over a period of about a year, then repaid to him.
“And I derive this money by selling cars, gambling and stuff like that ... over a year ... it is returned to me ... I am under the impression that these payments are made by a friend of mine called Papi Mogashwa ... He loaned me this money to acquire a new vehicle because I was involved in an accident and I did not have insurance.”
On 20 May 2023, Major Phiri bought a car with a loan from Papi Mogashwa and promised to pay the dealer back in cash.
“Here I am at the dealership We Buy Cars ... I ask for a loan ... they give me a loan on the 20th and the very same day ... I use the money to pay for this car and I am left with R2300, and I promise them to pay them back.”
The deployment of security services to Gubis by Asset Protection and Security Service (APSS) was not done through the normal procurement process and was irregular, despite a memorandum sent to departments instructing the process was to be followed but was ignored.
MAJOR PHIRI executed the deployment orders for APSS as his duty at the time, despite being unsure if there were other communications beyond what he received.
MAJOR PHIRI referred to a document identified as LA02 related to his authority and instruction for deployment, which was incomplete when he accessed it.
“The document was on page 3 of my annexures...which I could not extract from my laptop might have led to Director Malatji giving me the authority and the instruction. It is LA02”
All of the deployment letters signed by MAJOR PHIRI and effective from 15 January 2025 were permanent and lacked an end date, contrary to the ad hoc nature of the security deployments which should be temporary for damage or vandalism situations.
“My problem with your deployment letters... it was a permanent deployment. There was no end date to it... You turned what should have been ad hoc deployments to cover the vandalism in December into permanent appointments for Gubis”
MAJOR PHIRI admitted it is improper that the deployment letters lacked end dates and effectively appointed Gubis on a permanent basis for security services, which should have been an ad hoc emergency arrangement.
“You appointed them on what was supposed to be an ad hoc arrangement but you appointed them on a permanent basis and you left it there. And that is improper to me... It runs across all the deployments that you did”
Major Phiri, in his role, does the risk assessment and determines whether security services are still required based on client department instructions.
“I understood you to say it includes your risk assessment . You analyse whether these service is required”
Major Phiri visited Mamelodi and Cullinan sites after termination letters were issued to assess the situation, and reported damaged equipment and vandalism.
“The first ones that I went to is in Mamelodi and Cullinan . Because there were water issues . And I did not dispute the termination ... When I got there the clear view fence was gone . The pump was damaged on all those three . ... the pump station in Mamelodi , it was vandalised , water was not coming out . But I could not do anything , because they were stopped”
Gubis refused to accept termination of its ad hoc services, claiming continued authority to be at the site based on a deployment letter signed by Major Phiri.
“Gubis saying to Commissioner Spies , we have a deployment letter , we are entitled to be here”
Major Phiri was surprised and flabbergasted by the termination letters regarding security services deployment and claims the Department of Water and Sanitation was not notified as required by duty.
“Commissioners, on this occasion, the letters come, in fact, they surprised me. Surprise, in fact, is not a word that I can use. I can say I was flabbergasted.
The termination letters.
Yes, when they come.
And the departments, the Department of Water and Sanitation, I did not even notify them.”
Major Phiri states security deployment stopped because the service provider was terminated and any security issues thereafter should be dealt with by the department adjusting evidence to reflect that termination.
“I say, no, but we terminated, Director Malatji will tell you. It is now the department that must adjust evidence to say, you are terminating the security. The problem is, we are sitting with this problem. Immediately after terminating, we do not do any other assessment after that...”
Major Phiri confirms termination letters issued by him gave a right to be on site but did not confer indefinite authorization to remain, and that when instructed by Commissioner Spies to leave site, the order to comply should have been enforced.
“Those letters do not give them the right to be there indefinitely. Because you are telling us the letter does not, even though it does not fix a period, your letter, it does not entitle a service provider to be there indefinitely. It is up to when you tell them. You would ordinarily say, that is enough...And they remain there for a longer period...And my question is, at that point, when Spies says to them, leave site, you need to leave site. And they say, no, Phiri has given us the right to be here. Why do you not say to Gubis, leave site? I am now instructing you to leave site. You are no longer required...”
Major Phiri claims he instructed Gubis verbally and in writing to stop security services immediately upon receiving the termination letter and that there was no invoice for July as services had stopped.
“It means today, the day you received a letter, the date that is written there, it means you stopped services. Hence, there is no invoice for July. Because they stopped...You did talk to them to stop...Yes, they stopped. The invoice ended, I believe, in June.”
Major Phiri provided security operational planning documentation for an event in 2023 showing his coordination and command role concerning asset protection and security services relevant to the IDP and budget community consultation.
“No w, that letter is dated the 5th of May 2023...It says security preparedness for the IDP and budget community consultation...It talks about crowd control, VIP Protection, and special operations...coordination and command by Mr Andrew Phiri being yourself.”
Major Phiri accepts that the document discussed with Advocate Mosikili was solely focused on the upcoming event's security and not on deployment of sites or ad hoc services.
“Yes, for the event of, yes...Yes, it had nothing to do with deployment of sites ad hoc or otherwise...You accept that? Yes, I accept it.”
Major Phiri states his duties included ensuring all private and in-source guards are on duty and protecting buildings and assets, regardless of the document's limitations.
“my duties were not limited to what I had in this Commission... ensuring all private and in-source guards are on duty and the protection of buildings and assets.”
In one instance, there was no security at a site in Soshanguve in July, and management would call Major Phiri to arrange security deployment.
“it will happen that we have a site in Soshanguve in July, and at that moment there is no security... they will write an email to Mr Nava and Director Tshukudu... the person who must come to your place at this moment to see that security is deployed is the guy called Phiri.”
Director Malatji knew Major Phiri had authority to run the process and monitor progress regarding security deployment.
“Director Malatji says, please get Phiri to run with the process and let us monitor the progress... I am indicating that he knew that I have authority.”
Letters dated 1 January 2025 signed by Major Phiri refer to security deployments consistent with emails dated 7 January 2025.
“page 81... that letter is dated the 1st of January and your signature appears at the bottom and there is a date... 07-01-2025... and similar letter dated the 1st of January... dates say 07-01-2025... number of armed guards, patrol personnel in the vehicle according to the email.”
Director Malatji testified he did not delegate powers of allocation to anyone, including Major Phiri, for guarding sites by service providers rendering services under TMPD0226 and 2017 between December 2024 and June 2025.
“I have not delegated powers of allocation to anyone in respect of the sites to be guarded by the service providers rendering services under TMPD0226 and 2017... he did not approve or mandate the allocation of security to Gubis in the period between December 2024 and June 2025.”
Major Phiri denies approving or mandating the allocation of adhoc security services to Gubis 85 Solutions Limited between December 2024 and June 2025, calling statements to the contrary incorrect and malicious.
“I did not approve or mandate the allocation of adhoc security services to Gubis 85 Solutions Limited in the period between December 2024 to June 2025 ... This statement is incorrect and malicious.”
Major Phiri states he was instructed by Herman Segolela in a meeting to run the process related to deployment and allocations, supported by an email update from Segolela.
“The meeting of the 6th gives effect that Mr Phiri will – in fact ... it tells Doctor Elvis Madihlaba that please get Phiri to run with the process and let us monitor progress ... They come in as they come to say, Mr Phiri ... I have already given an instruction, now I must execute.”
Major Phiri explains that Herman Segolela provides the list of stations and deployment allocations which Phiri must execute, indicating Segolela has the authority over the station list.
“Now he gives me the list of stations. It is his allocation, his deployment. What I must do now is to go there and make sure that indeed this is the place.”
Major Phiri confirms the authority to deploy to various stations is derived from a meeting on 6 January 2025 and an email from Herman Segolela dated 10 January 2025, which was sent to him and Doctor Elvis Madihlaba.
“If we go to page 7 of my annexures, it is Friday, January 10th, 2025 ... Herman Segolela ... sends an email at 11:23 am: "Mr Phiri, I hope this finds you well. This is the updated list ..." The authority came with that email. It is given to Doctor Elvis Madihlaba.”
Major Phiri states he had to prove to the Commissioners that he had authority from Director Malatji, who instructed him, and that water and sanitation have their own people to work, and he is not responsible for their questions.
“I had to prove Commissioners that I had authority from Director Malatji. I got an instruction from Director Malatji. Water and sanitation got their own people to work. I am not responsible for - I am answering those questions.”
Major Phiri explains that Herman Segolela identifies and allocates Gubis sites, and Phiri must then execute the deployment based on that allocation; emails exist to support this process.
“He identifies sites, he allocates Gubis, and then mine is to go ... There are emails to that effect. ... He is telling us where his problems are, and then we are going where he tells us.”
Evidence before the Commission includes letters sent that Major Phiri can only partially account for, with a deficit of about 50% of the letters unaccounted for even if authority was from Herman or Malatji.
“at least for now, there is no account. Even if we were to accept that he had authority from either Herman or Malatji, there is still a deficit of at least 50 percent of the letters that he can account for”
Major Phiri plans to file a supplementary statement explaining the issue once he has accessed a municipal building and reviewed materials, targeting to submit it by Wednesday next week.
“I will work it over the weekend, and then I will send them. To file it by Wednesday.”
Major Phiri recognized a document which is a memo from Mr TPMalatji and Mr Nava Pillay dated 23 January 2023 regarding the standard operating procedure for acquisition of additional new security services.
“It is a memo from Mr TPMalatji and Mr Nava Pillay... dated 23, January 2023... Standard operating procedure, acquisition of additional new security services.”
The Office of the City Manager has a standard operating procedure for procurement requiring a purchase order to be produced before work is done, but this was not followed in this instance because services were irregularly provided without intervention from the Department of Water.
“this was not followed in this instance . The reason is , there were already services that were provided without our intervention , which were irregular , from the Department of Water .”
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 payment of R150,000 was made on 13 May 2025 as a "stationary refund", which on record was a loan from a friend named William Masupye.
“payment made on the 13th of May 2025 of R150,000.00 ... the reference to that payment is "stationary refund" ... when he was in chief that was a loan from a friend ... the name of the friend was one William Masupye ... Mr Phiri, can you confirm that ?”
Major Phiri confirmed having received the payment from William Masupye and acknowledged the payment was marked as "stationary refund" but he needed the money urgently and did not focus on the description.
“I knew it as payment from William Masupye , but at the time that he sent me the money , I did not take note that it is written " stationary refund " , because I needed money as quickly as possible.”
Major Phiri is employed by Gubis 85 Solutions and states he has not received any incentives or benefits from them.
“part of the questions that was posed to you to answer to this Commission was that whether you have received any incentives or benefits from Gubis ... I answered to the negative .”
Major Phiri testified that payments on 20 May 2023 in his bank account originated from amounts associated with a person called Papi Mogashoa and companies linked to him, including Papador where William Masupye is a director.
“He testified that these amounts are from a person called Papi Mogashoa ... Papador ... Mr Masupye is a director of Papador ... making payments to Mr Phiri under the directorship of William Masupye.”
Major Phiri admitted that he received money originally supposed to come from Papi Mogashoa but that the actual funds came from William Masupye, who lent the money to Phiri after Papi said he did not have the funds.
“The money came from William Masupye and not Papi ... I engaged William Masupye and said to William ... Papi said he will charge me 20% interest ... I call our common friend William Masupye to give me the money ... then I took the money knowingly that it comes from Papi.”
There are payments amounting to R3.9 million and R5.9 million involving Gubis and other entities including Mr Calvin Mahlangu and Papador.
“there is an amount of 3,9 million. Again, that comes from Gubis. And similarly, you will see that Mr Calvin Mahlangu's name also features. And lastly, Papador, which also made payment to Mr Phiri, also received, at least on the face of it, 5.9 million, or at least there was an exchange of 5.9 million between Papador and Gubis”
Major Phiri states the payments discussed are made in 2024 but disclaims knowledge of any relationship between Papi, Gubis, and William Masupye.
“The payments are made in 2024. My point is, I do not know the relationship between Papi and Gubis and William Masupye. They might be doing their own things somewhere”
Major Phiri confirms payments in 2024 might be a go-between between William Masupye and other people, but this is an assumption.
“They are made in 2024. They are not made to me. So it might be happening, we are talking about 000,4000, it might be that Papi is a go-between between William Masupye and other people, and then for him, maybe, it is an assumption. And I say it is an assumption on my side because in my line of work, an assumption will kill you faster than a bullet”
Major Phiri accepts the proposition that he has received payments from people who have received payments from Gubis or have a financial link to Gubis.
“...that on this information before us, you have received payments ... from people who either have received payments ... from Gubis or have a financial connection to Gubis... And one of those people is Masupye, who is also an employee of Gubis. Do you accept that? ... I accept that...”
Major Phiri states he is not aware that financial documents indicate people pay William Masupye to get money.
“I accept that, but at this time, I am not aware that these people are going to William Masupye in order for me to get this money. At this time, I am not aware and that I can confirm”
Major Phiri denies receiving payments directly from Gubis, its directors or owners, or anyone associated with Gubis where Gubis is the source, except money received from William Masupye.
“Directly from Gubis? No. Has Gubis ever paid you money? No. Has any director or owner of Gubis ever paid you money? No... Have you ever received money from somebody associated with Gubis ... No. I will say yes, I have received payment alone from William Masupye... But he did not say to me it is from Gubis”
Major Phiri paid back an amount in cash to a businessman to avoid it reflecting as income and thus tax.
“When I was going through this, I said to him, why must I pay you in cash back, and then he said to me, this is a business, if you pay me back into my account, it becomes a business …”
Major Phiri usually paid back the businessman in cash using money from selling vehicles he owned informally without registration, to avoid a paper trail for the cash repayment.
“I am an informal businessman. I have these small cars... I can sell all of them in Mamelodi in Soshanguve, and then they will give me cash and then I will give him. So there is no paper trail.”
Major Phiri did not withdraw R150,000 in cash from his bank account to pay the businessman; instead, he called the businessman to arrange cash collection as a professional gambler would do.
“No, I did not give him 150,000 at the go. I will just call him and say, Willie, I have 35,000 today, and then he will say, I will send someone to come and collect it... We are professional gamblers, so I will know...”
Major Phiri received direct payments from William Masupye, evidenced by bank statements and transaction cross-references, totaling amounts including R10,000 on 21 May 2023 and R5,000 on 7 July 2023.
“We have cross-referenced the payments... showing those were payments directly now from Mr William Masupye... I realize now that the money comes from William Masupye...”
Major Phiri uses multiple bank accounts for different purposes because his Standard Bank account is constantly hacked and he receives Police Station affidavits, so he prefers to have his money go to ABSA accounts.
“I am using ABSA, I am using Standard Bank for salary, but because at Standard Bank I am constantly being hacked and I am forever at the Police Station writing affidavits... all my money will go to ABSA, but it will not come here.”
Major Phiri states that businessmen refer to loans as 'services rendered' possibly for tax reasons, but he has never rendered a service for Papador and considers these loans as money lent, not a service.
“I h a v e n e v e r r e n d e r e d a s e r v i c e f o r P a p a d o r . I h a v e n e v e r .”
Major Phiri confirms he lent money to Aluwani Makhuba, who is a businessman and employee of Ramalepe Security, a service provider for the City.
“A l u w a n i M a k h u w a i s a n e m p l o y e e . H e i s a b u s i n e s s m a n . A l s o , h e i s a n e m p l o y e e o f a s e r v i c e p r o v i d e r w o r k i n g f o r t h e C i t y c a l l e d R a m a l e p e S e c u r i t y .”
Major Phiri describes lending amounts totaling approximately one million rand to Aluwani Makhuba and associates, repaid in dribs and drabs with payments made into his ABSA bank account.
“I g i v e i t t o t h e m . I a m b o r r o w i n g t h e m . T h e y a r e k n o w n t o m e .”
Major Phiri says the loan is to the Ramalepe Security business, not to the individual employees, and that he is the one paying them, not the other way around.
“I t i s t h e l o a n – n o , n o , t h e y a r e n o t p a y i n g m e . I a m p a y i n g t h e m . I a m g i v i n g t h e m a l o a n .”
Major Phiri made four payments totalling about 1.563 million rand, not a million rand, with specific payments on 27th and 28th February.
“on the 28th, I paid them 300,000... they do not need 1.5... I can use it as I wish, it is my money... No, four payments... Yes... two, three and five... on the 27th it is three payments... on the 28th of Feb, it is one payment... So it is 1,300,000? Yes.”
Major Phiri explained that the payments made to Ramalepe were for various businesses related to chauffeuring and catering, but he did not verify whether the bank account given was actually Ramalepe's.
“when they gave me the account, I did not verify that it was Ramalepe... but I knew that I was paying for their drowning businesses, the chauffeur business and they had a shop like catering business...”
Two gentlemen, Mpiani Setaku Janki and Maluleka Stanley Rasmatei, who have worked with service providers in the City for the past 15 years, knew that if anyone is in trouble they could ask Major Phiri for a loan and then repay later.
“Mpiani Setaku Janki is an employee there. Maluleka Stanley Rasmatei is an employee there... They do everything... So they knew that if you are in trouble, you can ask Mr Phiri for borrow money and then... pay you back... These two gentlemen... They came with Aluwani, and then they were presenting two businesses and Ramalepe...”
Mr. Aluwani and two others approached Major Phiri in their personal capacity to borrow money.
“They came in their personal capacity, but there might be ulterior motives. They came in their personal. They came, the three of them, not only Aluwani.”
Major Phiri paid money to Ramalepe Security Services, the employer of Mr. Aluwani and his associates, but claims he was not aware he was paying an entity.
“there is no logic in what you are saying, in that you say three people approached you and one, you pay directly to Mr Aluwani, and we will come to that transaction that you made to him. And then you make payments to their employer, being Ramalepe Security... And your answer is simply that when you made that payment, you were not aware that you are paying now into an entity.”
Major Phiri paid Ramalepe Security amounts through his phone app by typing in the account number, without verifying the account name.
“I paid them through my phone and I used the account. I did not even need to verify them, Chair. I paid them on that date and I was sure that they will not do anything.”
Despite assertions to the contrary, evidence before the Commission shows that Major Phiri paid Ramalepe Security at least R300,000.
“I accept that for a moment. All I am saying is that at least the evidence before this Commission is that despite what you are saying, what is clear in black and white is that in fact you paid Ramalepe at the very least R300,000. Ramalepe Security Services.”
Major Phiri borrowed initially R1.5 million from Aluwani and associates, but they later reduced the amount to R1 million due to business concerns, with repayment arrangements including staggered payments and some repayments by Mr Makhwa representing the company.
“The initial amount that I was going to borrow this three under the premise of saying their business is drowning, was 1.5 million. Now, they come to me because I was tied time and say to me, Mr Phiri, we can only take 1 million. And I say, no, that is fine... I want to go to Mpumalanga and Limpopo at the Kruger National Park. I transfer myself 100,000 through my other side, which I will use. But then, they realize that we made a mistake... Then when they realize that I am struggling, they say, no, pay this account... Now, he is paying me back here and then he is representing the company, and I expect the other two gentlemen, I constantly call them, guys, if you have something, at least between 20 and 15, just pay me every month... The other two guys are also paying me at the same time.”
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 says he usually deposits money received directly to the bank but sometimes leaves cash for someone else to pay if he is not available.
“Usually I deposit it at the bank . I go on Mondays . But because I am an industrious man , I stay far and they are in Mamelodi , then I deposit those in cash and when and when I have cash , but maybe I am in the hospital or something , I ask someone , just please pay this account for me”
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”
Major Phiri says he borrows money from longtime acquaintances Jankia and Maluleke in small batches over months, denies any intention of borrowing a large sum, and states these transactions are personal and unrelated to City of Tshwane.
“I will say no . I will say no . I regard them as friends . I have known Jankia and Maluleke for 15 years . They did not start working . They worked at Ramalepe when Ramalepe got a contract ... Sometimes I will borrow them money and tell them I need it in 2,000 batches for 10 months . Well , I have given them 15,000 and then they will comply . And I have no nefarious intentions of borrowing someone 1 million”
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”
Major Phiri states he is not a junior officer and has never been given a policy restricting interactions with individuals working for the City.
“If my seniors came here and said , I am a junior officer , I will not agree to that . That means they have never showed me a policy as a junior . If they say I am a junior officer , they have never given me a policy that says you cannot borrow someone that works in the City money . So , I will not accede to that .”
ADV Mosikili alleges Major Phiri has an apparent conflict of interest due to financial transactions with people employed by the service providers.
“it is apparent that for someone in your position who can influence the flow of work , that there is an obvious conflict of interest in you having financial transactions , as we have seen in your bank account , with people who are employed by the service providers .”
ADV Mosikili states some of the amounts in Major Phiri's account clearly reference services provided by service providers and that Major Phiri's answers about these amounts are unsatisfactory.
“a lot of amounts , or a few amounts coming into your account , they clearly reference service provided , and your answers to that , we are going to submit that they are unsatisfactory .”
Major Phiri claims the Commission is to make recommendations and he is not here to prove beyond reasonable doubt, affirming his denial that the assertions against him are incorrect.
“I am not here to prove beyond reasonable doubt , but I am here to testify . So if the recommendations , the Commissioners see it fit that what you , Advocate Mosikili , are saying , and what I have explained , the recommendations , they see it fit the Commissioners that something is untoward of my evidence , I have no power over that , but what I will say is the assertions are incorrect .”
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 confirms knowing Mr Bonzo Eugene Modise, who was a director of Triotic Protection Services before becoming Deputy Mayor, and knows him from Mabopane and Tshwane.
“I know him as a Deputy Mayor , as a Regional Chair of the ANC . I grew up in Mabopane , Winterveld . I know him from Mabopane and when I came to work in Tshwane , I met him here . He was not a Deputy Mayor . He was not a Chair . He was a director of a company called Triotic Protection Services then before becoming the Deputy Mayor .”
Major Phiri says he knows Bonzo Modise personally from Mabopane, grew up there, and they speak at times as friends or acquaintances, including work interactions and casual greetings.
“I have known Mr Bonzo Modise from Mabopane . I grew up there . I know him from there . Even , you know when you are from a place and you know someone , you can speak to him . ... People will speak to him as Deputy Mayor , and I will also speak to him as Deputy Mayor , but at the very same time , I will call him Bab i .”
Major Phiri states he interacts with Bonzo Modise formally and professionally at work and speaks to him casually because he knows him, but they do not socialize outside of work.
“it is formal coming , and professional coming to work and because I know him , I will just speak to him at any moment . Sometimes I will even call him , I am just passing through your office ...”
Major Phiri has no business relationships with Bonzo Modise except managing his presence at Triotic Protection Services director meetings when Modise was there.
“I have never had , unless managing when he was still at Triotic , coming to director 's meetings and stuff , and then we meet there .”
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”
Deputy Chief Dhlamini states he would never instruct someone who is not his subordinate to do anything and has never worked with or knows Phiri, so he cannot protect him.
“There is no way I will give an instruction to someone who is not my subordinate to do anything ... I have never worked with Phiri. I do not know him.”
Deputy Chief Dhlamini asserts that contrary to allegations by Deputy Chief Spies, he did not block a report investigating Sergeant Phiri; the report was sent to him in 2025 but only surfaced in March 2026 after inquiries.
“I think I wanted to bring to the Commission that I think, I am not sure whether that was misinformation given to the Commission, no, it was a deliberate effort perhaps to tarnish me in the Commission that I have blocked this report.”
Deputy Chief Dhlamini denies that he blocked a report about Sergeant Phiri; he says the allegation is misinformation as the report was properly managed and he instructs subordinates to execute assigned work even without his personal sanction.
“I wanted to deal with that assertion that it was incorrect, that it was misinformation, that I blocked them in a report seeking to deal with Sergeant Phiri.”
Director Malatji personally is primarily authorized to issue notification of deployment letters for ad hoc services in his department.
“Primarily, it is myself. It is myself who is authorized, or, I can, within instruction, allow Dr Madihlaba or Phiri or any other to, say, allocate the ...”
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.”
Director Malatji acknowledges that despite knowing about the irregularities from December 2024 and the suspension in July, he failed to discipline the responsible subordinate, thereby sending a message that such irregular conduct and payment of money could continue without consequence.
“So you had a good seven months to take disciplinary action against the subordinate and you did not ... You do not do anything about it ... It sends a message to Mr Phiri and others that this is okay to do ...”
Director Malatji did not specifically inform Commissioner Spies that Mr Phiri approved the ad hoc service deployments at the time of the communication, but later agreed Mr Phiri's actions indicated his office was allocating the services.
“Not specifically, Commissioner. I did not tell Commissioner Spies that it is Mr Phiri, because at that point in time, I was of the view that these were requested directly by the department from the service provider. But given the clarities that we went through today, right, yes, I agree that whatever Mr Phiri has done, obviously, on record indicates that it was my office that was allocating. But to be specific, I did not indicate that to Commissioner Spies.”
Dr K E Madihlaba did not have the authority to allocate the sites to Gubis 85 Solutions, which authority lies with Director APS S Mr Malatji, who never gave such permission or delegated it to Mr Phiri or Dr Madihlaba.
“I did not authorise Dr K E Madihlaba to allocate the two sites to Gubis 85 solutions (Pty) Ltd, nor did Dr K E Madihlaba have authority to allocate sites because such authority lies with the Director APS S , Mr Malatji. At no stage has Mr Malatji informed me that he gave permission for the allocation of these sites and/or that he delegated the allocation of sites to Mr Phiri and to Dr K E Madihlaba.”
Mr Phiri was acting in a delegated capacity when Deputy Chief Spies was acting as Chief, signing documents with delegated authority.
“But even when they were signing, it was clear that even then he was still acting under delegation, that two-day extension that he received as the Chief.”
The total contract value in a document was over R15 million, with deductions for two items signed by Madihlaba worth just over a million, resulting in a balance of 14 million related to the allocation to Phiri.
“The document ... gives the total value ... just over R15 million. Then it showcases the deduction of the two that were signed by Madihlaba, which is just over a million, and it comes to that 14 million because the heading of this document ... would be a summary of sites allocated to Gubis by Phiri.”
Phiri has been placed on suspension and is facing a disciplinary hearing related to the issue involving the one million deduction in the dealings involving Madihlaba.
Mr Phiri signed a document irregularly as he was not acting on delegated authority and signed in his own inspector capacity, which invalidates the document.
“If I look at the face value of this document, there is no indication on this document that Mr Phiri is acting on a delegated authority... it is signed in his own information signature and level as an inspector. So, this document is irregular.”
There was a problem of Phiri only starting to be dealt with late, from January 2025 onwards, despite relevant documents and invoices existing earlier from at least October 2024.
“...we do not seem to be dealing with the problem of Phiri only in January 2025 or February and so on. This phenomenon of not submitting invoices and all relevant documents seem to have existed, at least when you look at this email, as it is discussed, as early as 20 October 2024...”
The TMPD is conducting disciplinary processes and also investigating tenders themselves concerning suspensions of individuals like Phiri.
“So what you are doing in TMPD, you are not just doing the normal disciplinary processes where Phiri has been suspended and he will go through a disciplinary hearing. Are you investigating the tenders themselves? ... Yes, I do, I am busy.”