probity report

Adv Sikhakhane intends to rely on one page of the probity report served at 11:52 PM last night, which relates to the sitting of Mr Malatji and his submission or lack of submission of his scoresheets in a tender process.

“the one document that is crucial is the probity report, which is, essentially, even there, I am relying on a page of it.”

The primary reasons for cancelling TMPD-3 are contained in the probity report, which were not fully discussed here to avoid obfuscation.

“the reasons for cancelling TMPD-3 is not only the three reasons that are recorded in the report and I have raised that. And for the record, I just want to be clear. The primary reasons are contained in the probity report.”

The Probity report was accepted by the Bid Evaluation Committee (BEC) and brought to the Bid Adjudication Committee (BAC) with acknowledgement of shortcomings, leading BAC to agree to cancellation of the tender due to incurable issues.

“The Probity report was not disputed. The Probity report was already accepted by the BEC included. In actual fact, the report when it came to BAC, it came with an acceptance of the findings and an acknowledgement by BEC of the shortcomings that were there. When it comes to BAC, it does not come with a recommendation, SC. The BEC report already came to BAC having acknowledged the shortcomings that were presented to them by Probity.”

Mr Mnisi states the tender was cancelled by the BAC (Bid Adjudication Committee) in line with reasons he provided, and that the probity report was a critical document considered in the cancellation.

“Ended up cancelling the tender in line with the reasons that I provided ... The BAC said, took into account, in the resolution were referenced the probity a number of times ... That gives consistency that the probity report is part and parcel of the key reasons why we cancelled the tender”

The issue of blank spaces versus numerical insertions is raised within the probity report and is not an additional issue.

“It is an issue raised in the probity report, the issue of blank spaces versus not blank spaces, numerical insertions versus deletions. That is mentioned in the probity report.”

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.”

A probity report by an external legal firm revealed material, serious irregularities in the bid process that could not be remedied without compromising legality and integrity.

“a probity report ... revealed material, serious irregularities in the manner in which certain aspects of the bid process had been conducted ... they could not be cured, could not be regularised, nor could they be remedied without compromising the legality and integrity of the process”

The probity report was provided to the Accounting Officer who initiated a proactive forensic assurance review exercise starting 15 April 2025, completed 23 September 2025.

“an indication that was provided to the Accounting Officer that this tender would undergo proactive forensic assurance review exercise ... The Accounting Officer was notified on the 15th of April 2025 ... completed by Group Audit and Risk by the 23rd of September 2025”

On 4 September 2025, at the BAC meeting, the BEC report was presented but BAC complained it had not received the final probity report, so the process was sent back to get the final probity report.

“when the BAC meets for the first time on 4 September and Mr Kgopa presents the BEC report, the BAC complains that they have not been given the final probity report ... it is then sent back to get the final probity report”

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”

Mr Victor Kgopa communicated with the forensic team to clarify confirmation needed for consensus between probity report and BE C evidence.

“it seem like he is now communicating with the team from forensic services, requesting for a meeting to clarify the confirmation... for there to be consensus and alignment between all portfolio of evidence from the probity report to the BEC.”