Sergeant Nkosi's brother

Mr M R M N I S I confirms knowing that Sergeant Nkosi's brother is a director of Ngaphesheya Construction and Projects but denies any personal, business, financial or other relationship with him or the company.

“I confirm that I know that Sergeant Nkosi's brother is a director of Ngaphesheya Construction and Projects. Notwithstanding that fact, I confirm that I have no, nor have I ever had any personal business, financial, or other relationship with him or his company.”

The agreement of sale signed by Sergeant Nkosi's brother does not have provisions dealing with ownership and risk of the truck until the full purchase price is paid.

“It does not have provisions dealing with ownership and risk of the truck until the final purchase price is paid, the full purchase price is paid.”

Sergeant Nkosi was not present when the sale agreement was made between his brother and Mr Ngoato but agrees that payment appears to be made in due course.

“I was not present when the sale of agreement was made between my brother and Mr Ngoato, but it appears that there will be a payment made in due course.”

The contract for the sale of the truck is dated 7 October 2025 with Sergeant Nkosi's brother's signature on it.

“The contract is dated – your brother's signature is dated 7 October 2025.”

Sergeant Nkosi confirms that his brother was paid on 7 October 2025 for the truck.

“Was your brother paid on 7 October 2025? That is correct.”

Sergeant Nkosi partly agrees with the proposition but will not go into details about the agreement of sale as he was not present during the sale.

“I partly agree, but I will not go into details on the agreement of sale. I was not present when the sale of agreement was made between my brother and Mr Ngoato, but it appears that there will be a payment made in due course.”

The seller's affidavit does not mention the purchase price as R400,000 but rather as R380,000, suggesting that Sergeant Nkosi's brother is allegedly owed the extra R20,000.

“The seller's affidavit does not mention that the purchase price is 40000 as opposed to 38000. Your brother is the one who is ostensibly owed the extra 20000. Your brother would be owed the extra 20000.”

Sergeant Nkosi confirms the brother is owed the extra R20,000.

“That is correct.”

Sergeant Nkosi notes that the extra R20,000 was not mentioned in his brother's affidavit but was mentioned in the sales document.

“But he mentioned it on the sales document.”

Mr Ngoato paid Sergeant Nkosi's brother in cash for the truck, an unusual transaction involving a large amount of cash (R380,000).

“why he had been paid in cash ... Mr Ngoato had paid him in cash ... It is such a huge sum of money in cash, R380000”

Sergeant Nkosi's brother only showed a sale agreement signed by himself but not signed by Mr Ngoato, and no receipt was obtained for the cash payment.

“my brother only showed me ... some kind of sale agreement ... signed solely by him ... Mr Ngoato did not sign ... No receipt was requested for the money paid”

None of the annexures provided state that cash changed hands between Mr. Ngoato and Sergeant Nkosi's brother; there is no evidence of EFT or other payment form.

“And then do you accept that nowhere in any of the annexures you provided to us does anybody say that cash exchanged between Mr Ngoato and your brother ? In other words , there was no EFT transaction or there was no payment in another form . Nobody in any of these documents is saying that the purchase price was paid in hard cash . Do you accept that ?”

Advocate Khumalo SC argues that Mr. Ngoato's statement does not explicitly say he gave cash to Sergeant Nkosi, suggesting the money could have been obtained from someone else.

“Your brother does not say Mr Ngoato gave him cash . Do you accept that ?”

An EFT payment for 200,000 to Mr Molefe through Mkombeni Transport was made by Sergeant Nkosi's brother on behalf of Sergeant Nkosi.

“Who made this payment of 200,000 through the company Mkombeni Transport? ... It was my brother.”

The company listed as Ngaphesheya Construction and Projects was misspelled and disputed to be the actual name of Sergeant Nkosi's brother's company; however, Sergeant Nkosi admitted his brother submitted a tender and was a successful bidder.

“there is a misspelling of your brother's company, Ngaphesheya Construction and Projects... name is spelled wrongly... I deny it was my brother's, my brother's Ngaphesheya... I do not deny my brother submitting a tender... my brother as successful bidder for this tender”

Sergeant Nkosi sent two companies, Ngaphesheya and Elshadai, to Mr Mnisi to assist his brother to secure the contract.

“The reason for giving this name of Ngaphesheya was to assist my brother to secure the contract .”

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 .”

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 requested General Dlamini to ensure his brother got the job.

“You said that you requested General Dlamini to do something to ensure that your brother got the job .”

Adv Chaskalson SC alleges four propositions including that Sergeant Nkosi and the CFO conspired to award a manifestly non-compliant bid (by Sergeant Nkosi's brother), and that the bid was impermissibly altered more than six months after the submission deadline without leaving an electronic trail between the General and CFO.

“the following propositions ... your brother's bid was manifestly non compliant and should have been disqualified ... you, the General, and the CFO conspired to ensure that this manifestly non compliant bid was nonetheless awarded the tender ... you achieved that outcome by impermissibly altering the bid and supplementing the bid at a date more than six months after the bid submission deadline ... the CFO and the General never communicated directly with each other in a manner that would leave an electronic trail ... instead communicated indirectly through you.”

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 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.”

It is coincidental that while the Tshwane CFO was assisting with a tender in Mpumalanga, he was also evaluating a bid in Tshwane where Sergeant Nkosi's brother had submitted a bid.

“That is my submission to my Honourable.”

Sergeant Nkosi denies it is proper that the CFO of Tshwane evaluate a tender where his brother submitted a bid and at the same time assist him in a tender in another municipality.

“No, no, no, no. Commissioner, he was not assisting us in assisting. He was knocking on doors, I am just saying.”

The CFO of Tshwane allegedly knocking on doors to assist is seen by Advocate Khumalo as assistance, implying a potential improper assistance during bid evaluations in Tshwane and Mpumalanga.

“Knocking on doors for you or your brother, that is assistance. So while he is evaluating your brother's bid in Tshwane, at the same time you are forwarding to him things that relate to a tender in Mpumalanga, and he is helping you at the same time that he is evaluating your brother's tender in Tshwane. And what I find exceptionally odd is this.”

Sergeant Nkosi states that sometimes his brother might have misplaced documents which added to why documents were outstanding for a tender.

“You would find that at that particular time, when my brother submitted those documents, maybe he might have misplaced them somewhere. So that can also add to why he was outstanding.”

Sergeant Nkosi was inquiring from the CFO why his brother was not getting success in terms of the task related to procurement.

“I am not in a position to comment on that. All I was doing was to enquire from the CFO why my brother was not getting any success in terms of the task or whatever required to be done.”

Sergeant Nkosi stated that neither he nor his brother were going to play any official role in relation to the award of the tender.

“He was not going to play anything. That is correct. That is correct.”

Sergeant Nkosi understood that 'we must regroup on it' as meaning he and his brother must meet to discuss the tender.

“Okay, my understanding was maybe we must meet together, myself and my brother.”

Sergeant Nkosi receives cash payments from Mr Mampane intended to reimburse amounts for security services involving his brother's security company.

“He usually give me maybe cash , and you will give him . Cash ? Ja .”

Mr Mampane has paid Sergeant Nkosi money on occasions for the purpose of security escort services which Sergeant Nkosi facilitates through his brother's security company.

“Maybe they would want security escort or , yes , and then they would say , can you talk to your brother who owns a security company , and then he would be given that quote , and then he get this money . He give me money on those basis”

R 385,000 cash found in Sergeant Nkosi's safe belonged to his brother and was held for only two or three days.

“your recall that there was cash found in your safe ... R 385,000.00 I think. It was not your money, it was your brother's money, cash. ... Two or three days.”

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 is unsure whether payments for his brother's security services are made directly into his brother's bank account, and he does not know the bank account number.

“I do not know ... I am not sure about that, but that is my brother's business.”

Mr Mampane sometimes contacts Sergeant Nkosi instead of the security company to request quotations or pay for services, even though the company has its own staff and logistics.

“if he cannot get hold of your brother, he is able to call the other people in the business to get a quotation... he is a able to call the other people in the business ... So it is correct that Mr Mampane sometimes contacts Sergeant Nkosi rather than the business itself.”

Sergeant Nkosi is not a partner in his brother's security business but makes some calls and helps his brother open doors to opportunities as a supportive sibling.

“No, I am not a partner ... I do want what is best for him. I do knock on doors for him ... so I am only involved on those basis.”

Mr Mampane sometimes pays Sergeant Nkosi in cash to hold money intended for Sergeant Nkosi’s brother's security company, but does not pay Sergeant Nkosi for his own personal services.

“Mr Mampane sometimes gives you money that he wants you to pay onto your brother... does he ever give you money for yourself? For myself? No, for what? I don't think so.”

Sergeant Nkosi sometimes keeps cash payments from Mr Mampane for some time before giving the money to his brother, and his brother is aware of these cash holdings and debts.

“Sometimes I keep it until I give it to him ... your brother will ultimately know that you are holding R10,000 for him and if he wants it back he can ask you for it.”

Sergeant Nkosi does not always deposit the cash payments from Mr Mampane into his brother’s bank account, sometimes keeping the money in cash.

“No, I keep it cash sometimes ... I do not know it by heart, but I know it is called ABSA and FNB.”

Sergeant Nkosi admits the R12,500 payment from Mr Mampane was for his brother's security services, but did not transfer the money to his brother's account, possibly paying back in cash from his own funds.

“It was ... I did not transfer it ... I might have had cash from me ... I might have not taken out R12,500 for my brother.”

Sergeant Nkosi does not keep receipts or accounting records for the cash payments he receives to hold for his brother's business and admits there is no system of accounting or record keeping.

“No ... No ... May be he might or he does record them somewhere, but I am not aware of ... that is our record ... you have no record of any of that?”