Mr Mnisi did not actively encourage Sergeant Nkosi to assist him with mediating the Gubis payment, but admits he should have requested a contact number to deal directly with Deputy Chief Dlamini.
“Sergeant Nkosi involved himself. I did not actively say, may you please assist me with mediating this? ... I did, however, admit, Chair, that in hindsight, on this matter, I should have requested for a number ... so that I am able to deal directly with the Deputy Chief Dlamini.”
Mr Mnisi denies authorising Sergeant Nkosi to obtain any sensitive information or to receive such information.
“I did not give him any authority at any stage in time to obtain any sensitive information. I am sure Deputy Dlamini will have to answer himself. From my perspective, this is not a fact.”
Deputy Chief Dlamini had no legitimate role to play in the tender award process, although he may have assisted with compiling specifications.
“As far as I am concerned, he was not part of the process ... maybe he could have assisted in terms of compiling specifications, I am not sure. But in terms of the process that was followed, he was not part of that ... Once bids were in and before the BAC, he had no legitimate role to play”
Deputy Chief Dlamini sent messages via Sergeant Nkosi mentioning the two vehicles for land are Ngaphesheya and Elshadai Security Services, allegedly to check compliance.
“You receive a message which you understand to have originated or to have been sent to Sergeant Nkosi by Deputy Chief Dlamini that says the two vehicles for land are Ngaphesheya and Elshadai ... They wanted me to assist in checking compliance which I could not do”
Deputy Chief Dlamini allegedly asked to do something unlawful related to checking procurement compliance.
“But surely Deputy Chief Dlamini knows that you cannot check compliance . He is a senior official of the city . He understand how procurement is supposed to operate . But he is asking you to do something which would be unlawful , is it not ?”
Mr Mnisi did not raise a complaint about Deputy Chief Dlamini's request to check compliance because he believed it was a misunderstanding of procurement processes and did not merit alarm at the time.
“No , Chair . Purely on the basis that this was a request for me to check compliance . There was nothing improper about it . It was someone ' s misunderstanding of the procurement environment . At this stage , there is no alarm for me to raise .”
Deputy Chief Dlamini requested Sergeant Nkosi to check compliance on two vehicles although Sergeant Nkosi was not lawfully positioned to do so.
“Chair , I would not know the discussions between Sergeant Nkosi and General Dlamini . I am aware of this because I had received them as a result of that . I view this as a request for him to check that . Whether Dlamini wanted him to send it to me or anyone else , I do not know , and I cannot comment on that .”
Mr Mnisi understood from the text that Deputy Chief Dlamini was making an enquiry for Sergeant Nkosi to check compliance.
“Looking at the text , I agree with you . Looking at this text and how they are formulated , especially on number 3 . At the first one , maybe I might not have seen that . But from the second one , when we see afternoon captain , I really start getting a flag .”
Deputy Chief Dlamini is responsible for support services and finance matters within TMPD, including processing payments for invoices once approved by relevant deployment or portfolio.
“Deputy Chief Dlamini is responsible for support services and for finance matters within TMPD. Meaning what falls within his portfolio is invoices that have been approved with the relevant deployment orders which have been certified as correct and work done. He can then take that forward in terms of processing the relevant payments.”
Deputy Chief Dlamini advised that all matters must go back to Mfowethu as the only gateway and that protocol must be observed at all costs; no backdoor actions will be tolerated.
“I have told them that they should go back where they have started Mfowethu. I said to them, he is the only gateway. They cannot go with a backdoor. I will only be able to assist if I get an indication from Mfowethu. Protocol must be observed at all costs.”
Deputy Chief Dlamini emphasized the protocol that issues must start with the relevant person (Mfowethu), then escalate to supply chain management, and finally escalate to him if unresolved; no backdoor approach is allowed.
“He is saying they must start with you. And he will not be a backdoor.”
Deputy Chief Dlamini sent a message about meeting to get clarity on something according to Mfowethu, involving Cain Mpofu who is an Acting Divisional Head in Supply Chain Management with procurement responsibilities.
“Afternoon Captain, I trust you are well and your family. I thought we will meet up today so that I could get clarity on something according to Mfowethu. Cain called me on Friday ... He then pushed the meeting to Monday ...”
Mr Mnisi explains that Sergeant Nkosi was involved in the payment issue after overhearing a phone call discussion and took initiatives to call Deputy Chief Dlamini and then spoke to Mr Mnisi.
“Sergeant Nkosi was already involved in this matter. He had overheard that phone call discussion ... then he took it upon himself to call the general, which I then spoke to ...”
Gubis was obligated to engage with TMPD and APSS to make necessary submissions and motivations for the invoice approval; the CFO cannot act until this process is done.
“Formally, the onus was on Gubis to make sure that they make the necessary submissions, and they make a motivation to APSS. APSS is a division within TMPD where DC Revo Spies is in charge. Once that has been approved, it would have automatically been transferred to Deputy Chief Dlamini, who is the Support Services and Finance Head within TMPD. That is when I can now assist in terms of taking the way forward.”
Between 23 and 27 March, MR MNISI received nothing from TMPD despite the obligation on Gubis to engage with TMPD; Deputy Chief Dlamini directed that any motivation must come through CFO and not backdoor.
“No, nothing was there, Chair. ... He did not say, I told them, give me a motivation, I can then escalate it to supply chain management which in turn can escalate it to the CFO. Instead, he said, they should go back where they have started Mfowethu. He is the only gateway. They cannot go with a back door. So, he is saying, you have got to go back to the CFO.”
Deputy Chief Dlamini was not copied in discussions about the outstanding payments process and must be formally referred to if the matter is to be escalated.
“Deputy Chief Dlamini was not copied in any of these discussions . Hence , he is saying they must refer to that process again , formalise it .”
Sergeant Nkosi was already involved in the invoice process by taking his phone and phoning Deputy Chief Dlamini during a car discussion about the issue.
“He had already been involved . ... he took his phone , and he phoned Deputy Chief Dlamini while we were in the car . When he called him , he then gave me the phone . I explained to the Deputy Chief the issue that I had been facing and the discussion that I just had with Mr Calvin Mahlangu .”
General Dlamini or Deputy Chief Dlamini are critical players in the Gubis payment issue, but General Dlamini did not attend a meeting on the issue because he was unavailable.
“the critical player there would be General Dlamini or Deputy Chief Dlamini... But he did not come to the meeting... He was not available.”
Mr Mnisi claims he never received or was forwarded the chat from 13 April between Sergeant Nkosi and Deputy Chief Dlamini that contains alleged deficiencies.
“Maybe if firstly, I have never received this. This was never, ever forwarded to me.”
ADV Chaskalson SC pointed out deficiencies in a conversation between Sergeant Nkosi and Deputy Chief Dlamini and asked Mr Mnisi to explain alignment with mandatory tender TMPD-1 requirements.
“You are pointing out a conversation between Sergeant Nkosi and the Deputy Chief Dlamini and you are pointing out areas of deficient. I can see that. I am just requesting for you to please show me the alignment between TMPD-1 and this.”
Deputy Chief Dlamini states that he did not discuss any payments with Sergeant Nkosi directly and only responded to enquiries from the CFO via Sergeant Nkosi because he did not have contact details for the CFO.
“I have never discussed any payments with Sergeant Nkosi. I only responded to the CFO's enquiries which were made through Sergeant Nkosi ... because I did not have any contact of the CFO.”
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 Dlamini denies assisting any bidder directly or indirectly during the procurement processes for tenders TMPD 2 2016-17, TMPD 1 24-25, and TMPD 3 24-25.
“I have not assisted directly or indirectly any bidder during the procurement stage processes.”
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.”
Deputy Chief Dlamini denies having a similar 'brotherly' or closer relationship with Mr Mnisi as he has with Sergeant Nkosi, asserting that the relationship with Mnisi is professional only.
“The question was the relationship I have with the CFO is just a professional relationship. For me to have a brotherly relationship with Sergeant Nkosi, I cannot extend it to the CFO as such.”
An allegation is made that WhatsApp communication between Deputy Chief and Sergeant Nkosi led to inferences of corruption and interference in invoice processing within Tshwane Metropolitan Police Department, specifically with CFO involvement.
“It is alleged that your involvement in corruption arises from WhatsApp communication exchange between yourself and Sergeant Nkosi, which created the inference that you interfered and exerted influence over the processing of invoices within the city of Tshwane Metropolitan Police Department. In particular, your messages stating in those transcripts.”
On 4 March 2024, Sergeant Nkosi called Deputy Chief Dlamini and indicated he was with the CFO, requesting to speak to him; the CFO indicated Mr Mphefu was not getting help from the department with non-payment of invoices and requested assistance.
“On the 4th of March 024, I received a call from Sergeant Nkosi indicating that he was with the CFO and he requested to speak to me. I then spoke to the CFO who indicated that Mr Mphefu is not getting help from the department with non-payment of invoices, that I should assist in resolving the”