Elshadai

Advocate Chaskalson accuses Deputy Chief Dhlamini, Sergeant Nkosi, and the CFO of rigging a tender in favour of Elshadai, Ngaphesheya, and others for personal enrichment.

“your version is false, that what you, Sergeant Nkosi and the CFO were doing was rigging a tender in favour of Elshadai, Ngaphesheya and some others. And that when you speak of capturing the CFO who will do great things for us, what you are really speaking of is other abuses of public procurement processes that will make you and Sergeant Nkosi very rich”

Sergeant Nkosi requested Deputy Chief Dhlamini to confirm with Nico whether the bids for Ngapesheya and Elshadai were compliant.

“Sergeant Nkosi , a day before , when I spoke to him , requested me to check with Nico if he has done compliance , he is done with compliance for the tenders of I mean Ngapesheya and Elshadai .”

Nico confirmed to Deputy Chief Dhlamini that the bids for Ngapesheya Security Services and Elshadai were compliant for the land invasion tender in Tshwane.

“Nico sent a message to me ... usually you will see my writing ... then I share the message , I edit and then read and add whatever that I want to add and forward .”

Sergeant Nkosi wanted to know from Nico whether the bids of his brother's company Ngapesheya and Elshadai, which is Mr. Hlatshwayo's company, were compliant.

“So Sergeant Nkosi wanted to know from Nico whether the bids of his brother ’ s company , which is Ngapesheya , and the bid of Elshadai , which is Mr Hlatshwayo 's company , were compliant ?”

Nico confirmed that the bids for Ngapesheya and Elshadai were compliant.

“Nico confirmed that they were ? ... Yes .”

There was no need for Sergeant Nkosi to communicate the compliance information about the bids to anyone else inside the City other than possibly Elshadai and Ngapesheya.

“And there would be no need for Sergeant Nkosi to communicate this information to anyone else other than possibly Elshadai and Ngapesheya ? ... That is correct .”

Nico Mathobela helped Ngaphesheya and Elshadai in compliance for land invasion bids, as confirmed by Deputy Chief Dhlamini.

“Nico informs you that he helped Ngaphesheya and Elshadai. To say the two vehicles for land are the following.”

Deputy Chief Dhlamini explains that Sergeant Nkosi initially demanded two names, Ngaphesheya and Elshadai, purportedly assisted by Nico in land invasion matters.

“Initially he demanded, I mean, those two. He came back again to say he needs additional names SC. I must confirm if Nico can give him the two names for land invasion. And I forwarded those names to him.”

Nico previously provided only two companies (Ngaphesheya and Elshadai) as compliant, but later Sergeant Nkosi requested an additional five companies to make a total of seven.

“The initial request was that he gives me an additional company on top of Ngaphesheya so that there might be two. Now currently he is looking for additional five companies.”

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”

Nico was busy with documents of Elshadai, unrelated to the Tshwane tender discussed, indicating possible confusion or overlap in activities.

“General, I spoke to Bheki now. He tells me he has spoken to Nico when he was busy with documents of Elshadai.”

There is a suspicion by counsel Chaskalson that Deputy Chief Dhlamini, Sergeant Nkosi and the CFO conspired to rig the bid in favour of Elshadai and Ngaphesheya.

“the only reasonable conclusion that can be drawn is that you, Sergeant Nkosi, and the CFO were in a conspiracy to rig a bid in favour of Elshadai and Ngaphesheya.”

Deputy Chief Dhlamini admits that all but seven of the 57 bidders who started bidding ended up with contracts, with Elshadai and Ngaphesheya among the seven winners.

“although there were 57 bidders who started, only seven bidders got contracts under this tender. And two of those seven were Ngaphesheya and Elshadai. Do you accept that ? Yes.”

Mr Mnisi admitted misleading Sergeant Nkosi regarding the appointment of Ngaphesheya and Elshadai, despite presenting themselves as brothers forever.

“...you are willing to create the false impression that you were going along with his requests to appoint Ngaphesheya and Elshadai, despite the fact that you had no intention of doing that whatsoever. Spot on. So, you were misleading him in relation to your texts to him on Ngaphesheya and Elshadai on your version. In the same way as I presumed that he was misleading me, yes.”

Mr Mnisi confirms his understanding that Sergeant Nkosi wanted him to rig the tender in favour of Ngaphesheya and Elshadai, although it was framed as checking for compliance.

“That is exactly what I am saying ... He wanted me to prioritise that, yes ...”

Adv S Haskalson suggests and implies Mr Mnisi's relationship with Sergeant Nkosi was close and that Mr Mnisi tainted both tender processes he presided over involving Ngaphesheya and Elshadai.

“It looks very much like your very close relationship with Sergeant Nkosi tainted both of these tender processes that you presided over.”

Messages from General Dlamini to Sergeant Nkosi concern checking compliance on two vehicles linked to Sergeant Nkosi's brother's company.

“these are messages from General Dlamini to Sergeant Nkosi. They must probably have their own discussion after that. But in mere receiving this, I pick up the key point of interest, which I know we had a discussion on later on, and it is on checking compliance from Ngaphesheya and Elshadai.”

The delayed message was about two vehicles for land and related to checking compliance from Ngaphesheya and Elshadai.

“The two vehicles for land are . In receiving this, I pick up the key point of interest, which I know we had a discussion on later on, and it is on checking compliance from Ngaphesheya and Elshadai.”

General Dlamini directed that seven security companies be given priority for vehicle land allocation, with Elshadai and Ngaphesheya as the first two on the list, communicated through Sergeant Nkosi on 25 March.

“Sergeant Nkosi says, a message which is, again, from its language forwarded from General Dlamini that says: "Captain, find below our vehicles for land to be given Mfowethui in order of priority." And then there is a list of seven and the first two are Elshadai and Ngaphesheya.”

Adv Chaskalson SC alleged that an outsider repeatedly asked Mr Mnisi to give preference to bids from Elshadai and Ngaphesheya four separate times, which Mr Mnisi accepted but explained was to check compliance.

“A complete outsider acting with the deputy head of the client department is repeatedly asking you to give preference to the bids of two companies, Elshadai and Ngaphesheya. You accept that? Four separate occasions. I accept that with an explanation that it was for me to check compliance.”

Sergeant Nkosi was persistently sending Mr Mnisi documents from companies like Elshadai, and appeared to be asking for interference in the process to favor Elshadai.

“Sergant Nkosi has repeatedly been sending your way... we believe he was asking you to interfere in the process in favour of Elshadai”

Mr Mnisi confirms the contract award to Elshadai and Ngaphesheya was made after a thorough verification and following a decision of the BAC on 25 September 2025.

“Those two, Ngaphesheya and Elshadai, are two of seven bidders who ultimately get awarded a contract through the tender more than six months later pursuant to a decision taken by the meeting of the BAC on 25 September 2025 that you chaired ... That award takes place pursuant to a decision of the BAC on 25 September at a meeting that you Chair ... After a thorough process has been followed, whatever verification of external probity contains”

Sergeant Nkosi was persistently asking Mr Mnisi to check the tender in favour of two bidders, Ngaphesheya and Elshadai.

“Sergeant Nkosi was asking you to rig the tender in favour of those two bidders”

On 18 March Sergeant Nkosi sent another message with two names (Ngaphesheya and Elshadai) asking again to check their compliance.

“Despite the fact that you allegedly made clear to Sergeant Nkosi on 11 March that you could not do anything to check the compliance of Ngaphesheya and Elshadai, one week later, on the 18th of March, he sent you another message with those two names ... you understood him to be asking again for you to check for their compliance.”

Mr Mnisi suspected that Sergeant Nkosi was playing him for a fool and asking for help ensuring the tender was awarded to Ngaphesheya and Elshadai, which he resisted by using 'huffing and puffing' without assisting.

“I really started to suspect that this is him playing me for a fool in terms of saying, please assist in terms of ensuring that this is awarded. Hence, I also played along and I used a method better known as huffing and puffing, but I did not assist in any way or form.”

On 25 March, Mr Mnisi told Sergeant Nkosi twice that he could not check the compliance of Ngaphesheya and Elshadai, but never did so in writing.

“We have now got to 25 March and you have now told Sergeant Nkosi twice that you cannot do anything to check the compliance of Ngaphesheya or Elshadai. You have never done that in writing, but you say you have done it twice in calls.”

Mr Mnisi understood Sergeant Nkosi's third message with the two names again as a request to check compliance.

“He now sends you a message for the third time with the two names, Ngaphesheya and Elshadai and you understood him again to be asking to check for their compliance.”

Commissioner Faro states he only became aware that Elshadai had been appointed and that the service level agreement was signed after it was done, during his leave.

“I only became aware that Elshadai has been appointed and there is a service level agreement after it was signed.”

Commissioner Faro was not aware of the appointment of Elshadai before it was brought up at the forum, and he had not received the service level agreement beforehand to peruse.

“No, I was not aware of that. And I think, as I said yesterday, when the CFO is coming to this forum, I think those questions should be posed to him. I would prefer that is the case, because I am here to tell my side, and I am here to tell the truth. I have not received the service level agreement before hand to go through or to peruse.”

The entities appointed as service providers do not fully mirror the list that Sergeant Nkosi was exchanging with Dhlamini and Mnisi; only Elshadai, Ngaphesheya, and later Gubis were appointed.

“Commissioner, not entirely, but the three entities, that would be Elshadai, Ngaphesheya, and later on Gubis ...”

Sergeant Nkosi did not make a similar request regarding Elshadai, but the same person was also doing Elshadai.

“No, but it happens that the same guy was doing also Elshadai.”

Elshadai is a company that Sergeant Nkosi's brother usually works with in joint ventures for stadium or big events.

“Elshadai is a company that my brother usually works with in terms of the joint venture when they are working in stadium or in big events .”

Sergeant Nkosi sent names of Ngaphesheya and Elshadai to Mr Mnisi to verify that they comply with the requirements of the tender.

“So when you sent to the CFO, to Mr Mnisi, the name of Ngaphesheya and Elshadai, you wanted the CFO to verify that they comply with the requirements of the tender ? That is correct .”

Yesterday Sergeant Nkosi claimed no interest in Elshadai, but today admits knowing that Elshadai usually participates in joint ventures with his brother's company.

“Yesterday you did not know who Elshadai is , but today you know that they usually participate in joint ventures with your brother 's company .”

Sergeant Nkosi confirms that Sergeant Nkosi's brother's company was awarded the tender, and Elshadai also got the tender, but he does not know about Gubis.

“according to me, yes ... I do not know.”