Tshwane

Bertobrite's tender relates to a company allegedly linked to corrupt tenders paying amounts to companies linked to EFF leader Mr Malema.

“Bertobrite has already appeared in the press in relation to an allegedly corrupt tender that it procured in Tshwane on the basis of paying amounts to the EFF ... linked to Mr Malema”

Chief Mashaba states his jurisdiction as Gauteng province covering all Metros and Local Municipalities, not limited to the Sedibeng district where he is based.

“My jurisdiction is Gauteng. I am not like your JMPD that works within their boundary. I am not like Tshwane. I am not like Ekurhuleni. I am not like Emfuleni. I cover all the Metros and the Local Municipalities. That is my jurisdiction.”

Sergeant Nkosi sent Deputy Chief Dhlamini a termination letter from Deputy Chief Spiester regarding Gubi's termination of services at various Tshwane sites.

“Sergeant Nkosi sent to you a document called “Termination Letter CO T adhoc” and the letter that that document was is a letter from Deputy Chief Spiester terminating the provision of services by Gubi at a range of sites in Tshwane.”

Deputy Chief Dhlamini found it odd the discussion about whether bids complied with requirements would happen in March when Tshwane was evaluating bids, not in October when Nico was working on submissions.

“Did you not find it odd that the discussion about whether the bids comply did not happen in October but is happening in March ... when it is Tshwane that is evaluating the bids?”

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

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

Deputy Chief Dhlamini denies putting pressure on Nico, stating pressure is applied elsewhere, possibly internally in Tshwane related to the tender.

“That is not true , Commissioner. ... You are putting pressure elsewhere , not on Nico. ... The probability is you are putting pressure internally on more Tshwane people about this tender.”

There is an ongoing bid involving companies Elshadai and Ngaphesheya bidding for the Tshwane contract tender.

“Elshadai and Ngaphesheya are both bidding for the Tshwane contract tender and they are on the list”

Mr Mnisi did not have the contact details of Deputy Chief Dhlamini because he normally engages the Chief of Police and there is no central directory of senior executives with their cellphone numbers at Tshwane.

“I did not have his contact details at this point, Chair, this is why I did not deal with him directly. ... No. Normally I engage the Chief of Police. ... That give cell phone numbers, no.”

Sergeant Nkosi is involved in operational TMPD matters that do not relate directly to him, and the witness admits to inserting Sergeant Nkosi into these matters and sharing contractual documents between Tshwane and service providers with him.

“So, this is another example of you involving Sergeant Nkosi in operational matters that have nothing to do with him. Mr Mnisi, this is another example of you involving Sergeant Nkosi in operational TMPD matters that have nothing to do with him. Is that correct? Yes, Commissioner, it is correct. He is not inserting himself here. You are inserting him. You are sharing with him contractual documents between Tshwane and its service providers. Yes, Commissioner.”

The witness agrees that terminating contracts between Tshwane and its service providers involves Sergeant Nkosi and acknowledges it is appropriate as Sergeant Nkosi was already involved in the matter and this was closing the loop.

“Dealing with termination of contracts between Tshwane and its service providers. I agree with you, Commissioner. And you consider that appropriate? No, Commissioner. However, he was already involved in this matter, and this was closing the loop.”

Sergeant Nkosi was repeatedly suspected of trying to influence a tender process while involved in Tshwane matters, but was still involved by Mr Mnisi despite concerns.

“Every time Sergeant Nkosi has been doing this... it looked like he was trying to influence a tender which was being evaluated... you found his behaviour suspicious although he never expressly said he wants to rig this tender... you now know that he is doing all those things and despite that you still involve him in Tshwane matters.”

Mr Mnisi acknowledged that by March he knew Sergeant Nkosi was trying to influence a tender that was still being evaluated and found his behavior suspicious, yet continued involving him.

“By end of March that he is trying to influence a tender that you are going to adjudicate... It is still being evaluated... you found his behaviour suspicious although he never expressly said to you I want you to rig this tender... but you still involve him in Tshwane matters.”

Adv Baloyi questions why Sergeant Nkosi is involved in a Tswhane payment issue given it is a confidential internal matter, and that Sergeant Nkosi is an outsider with no business being involved.

“You do not consider payment issues between Tshwane and its service provider to be matter confidential to Tshwane, to which an outsider like Sergeant Nkosi has no business to be involved and should in fact not be involved?”

Adv Baloyi SC alleges that Mr Mnisi was involved in promoting or rooting for the commercial success of Ngaphesheya in a tender process in Tshwane, which is problematic for his position as BAC Chairperson and should have been disclosed.

“you are promoting or rooting for the commercial success, financial success of Ngaphesheya to succeed in that tender... it is an outright case of illegality, in fact, in the one where you are participating in the corruption of a tender process... That should have disqualified you to sit as a BAC Chair in Tshwane or, in fact, it should have declared.”

Sergeant Nkosi has no formal or contractual relationship with Tshwane and is not a Tshwane official.

“You have no formal relationship with Tshwane. You are not a Tshwane official. You are not in any contractual relationship with Tshwane.”

Sergeant Nkosi questioned the legitimacy of fitness assessment invitations that summoned applicants to Fourways, Roodepoort, which is outside Tshwane, suggesting they came from Johannesburg, not Tshwane.

“It says: "The trainees must come at Fourways, Roodepoort." ... I know that Tshwane is not at the Roodepoort. Why would they then summon them to Roodepoort? ... One could assume that it would not come from Tshwane, it would come from Johannesburg.”

MMC Morodi sent information through Sergeant Nkosi because she thought he would be of good help even though she had direct access to the whole of Tshwane including TMPD.

“if the purpose of you sharing this information with General Dlamini was simply to get information about the status of things , then explain why MMC Morodi would want that information through you . She has access to the whole of Tshwane , including the TMPD”

Sergeant Nkosi maintains his position despite being challenged that the document he sent was not just the public list of bids but an internal Tshwane document regarding the status of the tender.

“your understanding, if it was your understanding, is simply wrong. ... I still stand by what I have said. ... the document is actually an internal Tshwane document, the date of which is not clear, but it is dealing with the status of this tender.”

The document sent to Mr Mampane is an internal Tshwane adjudicatory process document, not a public document.

“This is an extract from an internal Tshwane adjudicatory process relating to the bids. It is not a public document .”

Sergeant Nkosi initially thought a document was a Tshwane application but it was actually for JMPD, leading him to question its legitimacy.

“I was forwarding it to General without maybe telling General that this is not the Tshwane document or not. Is it legit or not? I was forwarding it to the General to check if it was legit. But I think maybe it was coming from the base that I sent him the Tshwane application, not the JMPD.”

Sergeant Nkosi explained that he sent job applications, including cleaner and general worker applications, not only for Metro Police but also under the umbrella of Tshwane to General Dlamini for follow-up because he worked closely at the head office.

“I am just taking advantage of the entity that he is working in, the umbrella of Tshwane. ... I think I took advantage of that he works in that particular entity of Tshwane.”

Sergeant Nkosi speculates that MMC Morodi thought he might be of great help possibly due to office politics or because of his advocacy for youth development, despite her having direct access.

“I think maybe Commissioner , at that time maybe she thought that I will be of good help , even though she is within Tshwane , but this is what I thought , that maybe .”

Mr Mnisi referred to Mr Lekukela Imbungulu as managed in the context of the Tshwane governance and election scenario, suggesting Imbungulu would never win against them.

“Mr Mnisi is sending you a Whats App, which is a copy of an article which says: “Tshwane proves governance can thrive without the DA, says EFF's Malema.” And ... Mr Mnisi says: “I am okay, my brother. We are managing this guy, my brother. I just wanted to show you, Imbungulu will never win.””

The General told Sergeant Nkosi that protocol must be followed, meaning proper channels through the offices at Tshwane.

“I think what was nice was when the General sent me a message that he said they must follow protocol. I think protocol is to follow proper channels to go to the offices at Tshwane.”

Sergeant Nkosi does not know the proper channels to complain about the tender in Tshwane.

“I do not know what is the proper channels to complain about the tender in Tshwane, so I cannot comment on that.”

A termination letter from Mr. Revo Spies to Gubis was forwarded by Sergeant Nkosi to the General following concerns that Gubis was operating without approval and non-compliance, leading to the order to terminate services.

“The General confirmed that, indeed, he is the one who instructed – who is this one? Spies because this company was working without any approval process or something. But I remember along those lines, he informed me that, that he recognised this company and he alleged that he is the one who informed that this company is not compliant, so they must terminate.”

Nico was involved as a tender document specialist to assist with compliance issues for a security project bid related to Tender 1/2425 in Tshwane.

“Nico was there to assist with compliance.”

Sergeant Nkosi explains that late submission of documents was due to his brother not knowing places or people outside Tshwane, and that the project was ongoing contrary to being closed six months before.

“my brother did not know places or people ... this was done later ... it is the ongoing project. Ongoing project.”

Sergeant Nkosi confirmed that Mr Mnisi is the CFO of Tshwane and recorded in WhatsApp chats as CFO Pumalanga.

“yes , I confirm ... That is recorded in your WhatsApp's as CFO Pumalanga”

The BAC chaired by Mr Mnisi awarded a security tender 1/24-25 related to land invasions and land protection to Sergeant Nkosi's brother's company.

“he chaired the BAC in respect of tender 1/24-25 , which was the security tender in relation to land invasions and land protection that was ultimately awarded to your brother's company”

Sergeant Nkosi does not know who Victor or Cain Mpofu are, despite their mention in chats related to the investigation.

“Would that be Victor Kgopa ? ... I do not know him ... Do you know who Victor is ? ... No ... Would that be Cain Mpofu , who is the Divisional Head of Supply Chain Management in Tshwane ? ... I do not know him .”

Mr Mnisi became CFO of Tshwane between 2022 and 2023, but Sergeant Nkosi is not sure of the exact timing.

“When did Mr Mnisi come to Tshwane ? When did he become the CFO ? ... I cannot be sure . Between maybe 023 or 2022 , I am not sure .”

Mr Modise (Bonzo Modise) is the Deputy Mayor of Tshwane over this period.

“He is still a Deputy Mayor”

The disgruntled supplier complained about unpaid invoices to the CFO and the city manager of Tshwane.

“They are threatening to take the city to court. They have also engaged or conveyed the same message to the city manager of Tshwane.”

Sergeant Nkosi approached General Dlamini, a father figure, to intervene and help his brother with a bid advertised in Tshwane.

“I approached General Dlamini ... to intervene, there is a bid that was advertised at Tshwane, can you help my brother?”

Sergeant Nkosi confirms that Mr Mnisi is the current CFO of Tshwane and the person identified in the chat as CFO Mpumalanga is correct.

“Sergeant Nkosi: That is correct.”

Mr Mnisi wanted to meet Sergeant Nkosi and Mr Mashile in January 2024 to coordinate peace between Mr Mnisi and Mr Lekukela due to their conflict at Tshwane.

“It was a peace meeting where I was supposed to coordinate between Mr Mnisi and Mr Lekukela”