City Manager

Requests for ad hoc watchman services were supported by the CFO and approved by the City Manager, implying procedural approval for deployment and payment of such services.

“I have annexed proof of requests by the Chief of Police, in respect of which requests, she was supported by the CFO, and the City Manager approved... if indeed these ad hoc services were irregular, why would they go as far as requesting money to pay for something that they know upfront is irregular?”

Payments for these services were made after executive decisions, supported by the Chief of Police, CFO, and City Manager, were taken to allocate funds into the Watchman vote account for such payments.

“already the executive ... the Chief of Police ... has requested for the 91 million, the CFO supported and the City Manager approved. So, the money got into my vote in order to ... the process.”

The SOP (Standard Operating Procedure) is a directive to all the departments and is intended to be followed by them, but one department did not comply with this directive from the City Manager, and the superior directed the instruction to Director Malatji instead of the default process.

“this one department does not comply, right, and my superior takes notice of that. I am saying logically, logically, he should have directed this instruction back to the department because the department is guilty of not complying with a directive by the City Manager, but instead he directed the instruction to me”

Director Malatji expected his superior, upon realizing the irregular deployments, to instruct cancellation but instead was instructed by his superior (City Manager) to not cancel the deployment.

“I would have expected of him to say, City Manager, here is a department which chose to do things out of the normal way... But instead, my superior instructs me to cancel...”

Mr Mnisi states the City Manager delegates powers to the BAC in the form of appointment letters when delegating his powers.

“The City Manager delegates that in the form of appointment letters when he is delegating his powers to the BAC.”

Mr Mnisi acknowledges he does not have information on where the power to undo an entire tender process from the bid specification stage lies legally but confirms it rests with the City Manager who delegates to the BAC.

“I do not have that information with me at present ... I can confirm to you that that power by law rests with the City Manager. He delegates that to the BAC.”

The City Supply Chain Management (SCM) policy governs the powers of various committees including the role of the City Manager in procurement matters.

“The City's SCM policy will tell us what the functions of the various committees are including the role of the City Manager, right?”

Unless prescribed by the SCM policy, the City Manager does not have the power to undo or revise a bid specification.

“Unless it is in the policy, that power, unless it is prescribed by the policy, the City Manager does not have it.”

The accounting officer states that he cannot accept that the City Manager's powers derive solely from the SCM policy because the accounting officer is accountable for all aspects of the City.

“I cannot accept that. What I can put to you is that the accounting officer is accountable for all aspects of the City.”

The Bid Specification Committee (BSC) has the delegated function to define specifications, not the City Manager.

“I did not say the City Manager has a role in defining specifications. I said those are delegated functions which rest with the Bid Specification Committee.”

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?”

The City Manager is not entitled to have a say in what goes into the bid specification, unless explicitly allowed by the Supply Chain Management Policy.

“you are not correct to say the City Manager has any say whatsoever in the specifications.”

If the City Manager refuses to approve a tender on the basis that the specification did not include PSIRA guidelines, then the City Manager is acting outside his powers according to the Supply Chain Management Policy.

“unless it is in the SCM policy that I want to suggest to you or to put to you that the City Manager will be acting outside of his powers if he tries to exercise a power that goes back to the specification and then say, that was not included and I do not approve.”

The work of the bid specification is delegated from the City Manager to the user department and the Bid Specification Committee; the City Manager does not look at every single tender specification.

“The City Manager does not have time to look at every single tender specification that go out. The work of the bid specification is delegated. The department initiates the compilation of the terms of reference... They present that to an independent committee called the Bid Specification Committee... The specification is approved accordingly. Once that is approved, an advert is issued, which is endorsed by myself as well as endorsed by the City Manager.”

The City Manager does have the power to refuse to approve a tender if the specification did not include the requirement of PSIRA guidelines, based on the Supply Chain Management Policy.

“the City Manager has the power to rely on as a basis to refuse to approve the tender”

The City Manager, an attorney by profession, assessed the entire pack including the probity report and concurred with the reasons within the B A C report and probity report supporting the cancellation to avoid irregular expenditure by the city.

“The city manager by profession is an attorney as well, so he would have seen issues of this nature, and he would have probably been aware more than I would have been as a finance individual of any law-related matter... He assessed the contents of those findings as per the probity report, then agreed that the reasons within the BAC report, coupled with the probity report, are sufficient. We do not want to incur irregular expenditure as a city.”

The service delivery war room chaired by the Executive Mayor includes members from the Mayoral Committee, City Manager, executives and key business units, and addresses urgent and pertinent matters about service delivery issues that persist unresolved.

“This is a service delivery war room where urgent, pertinent matters are escalated and must be addressed accordingly... It is chaired by the Executive Mayor of the City. There are members of the Mayoral Committee, the City Manager, all executive structures and key service delivery business units.”

The BAC's powers, including the power to refer back to BEC, are delegated through the MFMA and SCM policy to the City Manager who delegates further to the Bid Adjudication Committee including Mr Mnisi as chairperson.

“It is in the delegation of authorities ... the roles and responsibilities of the Bid Adjudication Committee as per the MFMA ... delegated to the City Manager, who further delegates them to myself (chairperson) and other members serving on the Bid Adjudication Committee”

The Bid Specification Committee completed a process indicated by signed approval from the Chief Financial Officer and the City Manager approving the tender advertisement as fully compliant.

“I have recorded Annexure GM 9 and 10 as a form of communication wherein myself as the Chief Financial Officer and the City Manager approve and endorse the tender for advertisement as a result of these being fully compliant from the first date of the advert”

The city was sitting with irregular expenditure almost worth R18 billion, and neither the chief financial officer nor the city manager could afford for this to continue, hence the need for proper planning and assurance exercises.

“The city was sitting with irregular expenditure almost worth R18 billion . The situation now is the chief financial officer as well as the city manager could not afford for this to continue . Hence , the resolution is you must ensure that bids are advertised at least 9 to 12 months before they end because we need to ensure that the proactive forensic assurance exercise is undertaken .”

The probity authority is appointed by the City Manager and Chief Audit Executive.

“Appointed by the City Manager ? ... Yes , and the Chief Audit Executive .”

The Bid Evaluation Committee members are appointed by the City Manager and are representatives seconded by departments such as TMPD and Human Settlements.

“Members of these committees are appointed by the City Manager . They are representatives , and they are seconded by the departments .”

Mr Mnisi does not play a role in appointing members of these committees; they are appointed by the City Manager.

“No , I do not . Members of these committees are appointed by the City Manager .”

Mr Mnisi advises and recommends to the City Manager on the list of individuals who may serve on the committees but does not make final appointment.

“I do , Chair. I am CC 'd on that , and I do confirm that we did receive a list from the various departments , and this is a list that the City Manager can endorse . I do advise and I do recommend it .”

The escalation emails were copied to the City Manager, Chief Operating Officer, Chief of Police, and other senior colleagues, indicating senior leadership awareness of the payment issue.

“The City Manager is cc'd on this communication from the escalation from Gubis 85 Solutions. The Chief Operating Officer is cc'd. The Chief of Police is cc'd and all other colleagues who are within the City.”

The probity report was circulated to the City Manager on 10 September 2025 accompanied by a confidential covering letter uniquely addressed to the City Manager.

“on the 10th of September the probity report is circulated at least to the City Manager ... The covering letter ... is addressed only to the City Manager ... a confidential report, highly confidential report”

The City Manager was informed of the probity assurance on 4 April 2025 though the BEC meeting with continued evaluation was only on 11 April 2025, meaning the probity assurance notification preceded completion of the BEC process.

“City Manager was informed on the 4th of April 2025 ... we have looked at a minute of the BEC of 11 April ... so how is it that the probity assurance would have been notified even before the BEC process is complete”

Notification to the City Manager about the probity assurance on 4 April 2025 only means the process will be conducted, not that it starts before BEC completion.

“this notification to the City Manager on the 4th of April ... it does not mean that they start the process, the probity assurance process before the completion of the BEC process ... It just notifies that we will conduct the process”

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 is a duty to identify the person or body responsible for approving the police structure, which could be the Chief of Police, City Manager, or Council.

“Somebody is responsible for approving the structure ... either the Chief of Police ... or the City Manager, or it is the Council.”

Director Malatji stated in 2024 his supervisor was the City Manager, not Bolhuis nor TMPD people.

“Because the 2024 year, you were still under, who was your supervisor then? It was not Bolhuis and it was not people in the TMPD. Yes. It was the City Manager.”

The term 'budget upliftment' is used in the City department to describe a request for additional funds upon realizing a department is running out of funds for a certain function.

“It is a term that we, Madam Commissioner, that we use in the City, in the department. It is when you realise early in the financial year that you are running out of funds for a certain function to complete, that you write a memo or report to the City Manager...”

The budget upliftment process starts in the department, not the CFO, but requires CFO consultation and approval before funds are released.

“When you do upliftment, it is not a process started by the CFO. It is a process you start in the department. We consult with the CFO... The Chief recommends, CFO recommends, it goes to the City Manager and is signed off.”

On 28 February 2025, the City Manager sent an extension letter to Gubis 85 Solution (Pty) Ltd for the security contract, which pertains to the total amount paid since March 2022 to January 2026 of approximately R292,300,046.84.

“On 28 February 2025, the City Manager sent an extension letter to Gubis 85 Solution (Pty) Ltd... The total amount paid under TMPD 2/2016/17 to all service providers since inception (March 22 to end of January 2026) is R2923000467.84.”

The Chief of Police referred to a form of security clearance known as vetting, but it is not a full vetting process; it involves checking criminal and illicit records annually for certain department and city members as requested.

“What the Chief of Police was referencing to, if I understand your statement correctly, is the security clearance. It is also commonly known as vetting, but it is not a full vetting. It is just security clearance. That process is ongoing on a yearly basis where we check for criminal and illicit records against members within the department and certain members in the city, when so requested by the city manager.”

Since Chief of Police Yolande Faro's appointment around October 23, the city has lobbied to fill critical and high-level Metro Police vacancies, filling many but some critical positions remain close to advertisement stage subject to budget and approval.

“Since the Chief of Police, Yolande Faro, has been appointed, I believe it was October 23, she immediately lobbied the city and the city manager to ensure that at least critical positions and high-level positions are being filled.”

Since Chief of Police Yolande Faro's appointment, the city has lobbied to fill critical positions, and many have been filled; however, some critical funded vacancies remain close to advertisement pending city approval and budget.

“Since the Chief of Police, Yolande Faro, has been appointed, I believe it was October 23, she immediately lobbied the city and the city manager to ensure that at least critical positions and high-level positions are being filled. Subsequently, the department has filled numerous positions. We are still in a position where we have put forward critical vacancies that are now very close to advertisement level, subject always to final approval by the city and available budget, but these are funded vacancies.”

Commissioner Bolhuis acted as caretaker for Asset Protection and Security Services (APSS) from 1 July 2024 to 28 February 2025 when the Deputy Chief post was vacant, managing high-level oversight and dealing with APSS relocation from the city manager's office to Metro Police Department.

“I was the caretaker for Asset Protection and Security Services, known as APSS, for the period 1 July 2024 to 28 February 2025, as the divisional head [Deputy Chief] post was vacant. The function was transferred from the office of the city manager back to the team as from 1 July 024. ...As the caretaker of APSS, I did high-level management and oversight over the division. Upon assuming this task, I had to deal with a relocation of the APSS from the office of the city manager to the TMPD.”

Final approval for finding additional funds for adhoc security services falls outside the TMPD unless it is covered by an approved budget, usually involving the Chief of Police, CFO, and city manager.

“Such final approval will not lie within the TMPD unless it is covered with the approved budget... The Chief of Police... can manage her own budget... then it goes through the processes recommended by the CFO, and it is finally approved by the accounting officer, which is the city manager...”

The Chief of Police has authority, either delegated or from legislation or protocol, to manage and allocate the approved budget for the division, while the CFO's authority extent is uncertain.

“The Chief of Police in her position as the group head... has certain authorities... She can manage her own budget that is been approved and allocated. So, if it falls without that budget, there is a process... The CFO... has the authority... to work within the budget that has been approved for the city. He can allocate and reallocate certain funding...”

The Chairperson of the BAC recommends and signs off on tender awards, and the City Manager approves as accounting officer but does not take part in the decision-making process.

“It is that the Chairperson of the BAC recommend and sign off on it ... The City Manager is, as per the System and Structures Act, is the accounting officer for the City, as the number one official. And therefore, whatever the BAC recommend to him, he signs it off as the accounting officer... The BAC Committee is the one who make the decision and resolution, which is then signed off... The City Manager is only in his role as accounting officer signs off on it.”

Gareth Mnisi, as Chairperson of the BAC, recommended and signed off on the tender award, which was subsequently approved by the City Manager.

“The question was, you had said in your statement the approved, but you will see there the signature comes as someone who recommended and signed off. Do you accept that? ... Correct. As I stated, it is that the Chairperson of the BAC recommend and sign off on it. ... That is after the recommendation by Mr Mnisi, the Chairperson of the BAC, the City Manager then also signed off approving.”

The Bid Adjudication Committee chaired by Mr. Gareth Mnisi recommended the cancellation of tender TMPD 03/2024/25, with final approval by the City Manager on 29 October 2025.

“The committee's Chairperson, Mr Gareth Mnisi, also then recommended on the 28th of October 2025, and it was again signed off by the City Manager as the accounting officer on the 29th of October 025.”

The City Manager has real power and can refuse to sign a recommendation if he disagrees, possibly referring it back for a forensic investigation if the report does not clearly explain legislative compliance.

“I think that he will refuse to sign. He will refer it back to most probably the group audit and risk to do a forensic investigation about why the committee makes the decision if the report does not clearly explain the legislative compliance and why it is making this recommendation. So if I was the City Manager and I do not want to sign because my BAC make a recommendation which does not make sense to me, I will refer it to the group audit legal to actually verify the correctness of it, and I will also refer it for forensic investigation, and I will not approve that.”

The City Manager definitely has real power and can refuse to approve recommendations.

“the City Manager has definitely got real power, he can refuse.”

There is a suggestion in chats that the Chairperson of the BAC, Mr Mnisi, was influenced to ensure there is no award and that extensions result in incumbents continuing services, potentially indicating that approvals may be simulated rather than genuine.

“Some of which suggested that it was suggested to Mr Mnisi that make sure that there is no award and that there are extensions the upshot of which would obviously be that the incumbents continue rendering services... So the short point I want to make is that unbeknown to a City Manager, the accounting officer, the possibility cannot be discounted that they may actually be signing off on something that is simulated.”

Commissioner Spies agrees that the City Manager likely did not know about potential simulated approvals and notes that subordinates may contrive such situations.

“Even I did not know anything about it. It is like there is a trust relationship that your subordinates will do the correct thing. And I obviously did not know anything about the under-stream or undercurrent discussions and things that is happening, but it is possible that officials can contrive to create this at the bottom end.”

Mr Mnisi was chairing the Bid Adjudication Committee and had the power to make recommendations which were implemented by the City Manager.

“Was it not Mr Mnisi who was chairing the Bid Adjudication Committee and who would make whatever recommendation was ultimately implemented by the City Manager in relation to this tender? ... As a matter of fact, it was Mr Mnisi who had the power to make the recommendation that was ultimately to be implemented by the City Manager in relation to this tender.”