Water and Sanitation

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.”

The overarching purpose of the email exchanges was ultimately to have a deployment of security at the Klapperkop water pump station which had been badly vandalised during the festive period.

“the overarching purpose of all these email exchanges was ultimately to have a deployment ... the Klapperkop water pump station has been badly vandalised during the festives”

Gubis had already been appointed by Water and Sanitation as a preferred service provider because Water and Sanitation were happy with their work elsewhere, leading to their selection for the work discussed.

“Gubis was already appointed by Water and Sanitation... because Water and Sanitation said they have worked with them, they are happy with their work elsewhere.”

Director Malatji justified deployment before purchase order due to emergency nature of security requiring urgent action, with funds requested and GL account provided afterwards.

“in security we are dealing with emergency... I want the Commissioner to take note of the fact that ... payment came from Watchmen Services as a result of funds that were requested”

Adv Khumalo SC claimed Water and Sanitation did not pay for the security services and the budget had to be requested separately because proper process was not followed.

“Water and Sanitation did not pay for this. That is why the budget had to be requested, that 90 million that you referred to, because this process was not followed”

Director Malatji stated the understanding was that all would be done by Water and Sanitation, including purchase order creation, but he had to act to protect sites due to urgency and potential vandalism.

“my understanding was everything would be done by Water and Sanitation... my focus was to make sure ... to prevent further vandalisms... given the nature of the signs, the pump station ... when you are dealing with security threats ... priority is given”

Director Malatji suggested instruction to cancel ad hoc deployments was supposed to be directed to Water and Sanitation rather than himself as the administrator.

“this instruction was supposed to be directed to Water and Sanitation, instead of me”

Water and Sanitation made the appointments relevant to Phiri’s deployment letters.

“Did the Water and Sanitation make those appointments? From where I am sitting, right, Water and Sanitation made those appointments...”

Director Malatji admits he did not inform Deputy Commissioner Spies he was the wrong person to receive certain instructions that should have gone to Water and Sanitation.

“Did you inform Deputy Commissioner Spies that you are the wrong person, he should send it to Water and Sanitation? Commissioner, I did not inform Commissioner Spies.”

The deployment letter was intended for water and sanitation, not for TMPD (presumably Tshwane Metropolitan Police Department).

“this deployment letter was intended for water and sanitation , not for TMPD”

The deployment letter is addressed to Director of Gubis 85 Secretary Solutions, not to Water and Sanitation.

“this letter you see is not addressed to Water and Sanitation . It is addressed to Gubis”

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.”

Water and Sanitation department was engaging the TMPD (Tshwane Metropolitan Police Department) and TMPD was issuing deployment letters, but payment delays led to a standoff over cost centers and budget availability.

“water and sanitation were engaging TMPD and TMPD was issuing deployment letters. The standoff came when it was time to pay. Risk assessments were done between water and sanitation business units as well as TMPD when it is time to make a cost centre available for the payment. TMPD said, no, the budget that we have is sufficient for our programmes.”

Director Malatji states that normally a request for ad hoc services from departments such as Water and Sanitation comes via email, followed by an assessment and issuance of deployment notices.

“normally ... you would get an email from a department , I would imagine these are all from Water and Sanitation . That would be requesting these services and you assess them ... then you issue a notice for deployment , correct ? Yes .”