municipality

The document related to the tender process was outside of the municipality with a member of the public, which is an irregularity.

“That it is outside of the municipality with a member of the public itself is an irregularity. You must be able to accept that.”

Mr Mnisi understood that the person communicating with him wanted to ensure that the municipality awarded contracts to certain entities and that Mr Mnisi would ensure these entities get the awards in the order listed, and that this understanding was due to the persistent nature of the communication.

“you came to understand that he actually wanted to ensure that the Municipality ... he was communicating with you ... you would make sure that these entities get the award and get the award in the order listed ... that was my understanding due to the persistent nature of this”

Purchase orders in this context are documents issued by the Municipality to service providers detailing required services like security guards, vehicles, and rates, which the service provider then invoices on basis of.

“purchase orders to be documents that would go out from the Municipality to a service provider and in this context , the document would say we require the services of security guards at such and such a site and what we require are X number of security guards , X number of vehicles and at the rates , which total X amount over such and such period . And then the service provider would then render these services on that basis and obviously would then invoice”

Without an agreement with another municipality, police may not operate in another municipality's jurisdiction.

“absent an agreement with another municipality, you may not operate in another, in the jurisdiction of another municipality”

Operational police members chase and arrest suspects across municipal borders even without a formal request for assistance.

“if you are chasing a person and they cross into the jurisdiction of another municipality, you cannot just let them go. You will chase them and arrest them”

Malatji was not aware that documents were removed from municipality offices to a college for evaluation purposes.

“Are you saying you never became aware that there were irregularities or allegations that documents were removed from municipal offices to a college where evaluation was done? No. I wanted to assure... Those reasons were purely on security issues that, as the BEC have observed, right, before we could start with the actual evaluation process... The storage facility was accessed without control by city officials, right, and that concerned the BEC.”

There was a complaint and lawsuit regarding the tender documents being removed and some missing, leading the municipality to attempt to cancel the tender, but the court ordered the tender must proceed with evaluation, stating no basis to cancel.

“the municipality cancelled this tender because of a complaint about documents having been removed and being retained, some documents missing. Then it went to court, and the court directed that this tender must continue. There is no basis to cancel it, and the processing or the evaluation of the tender should proceed”

There is uncertainty whether Mr Modise was a counsellor or an employee of the state at the time of the tender award in 2022.

“was he or was he not a counsellor or an employee of the municipality ? Because if he was not , then as Commissioner Baloyi suggests , it is questionable whether we should be entertaining this line of questioning . Unless it can be put to Director Malatji that he was in fact an employee and therefore he should not have participated in the tender .”

Director Malatji stated that the entities recommended under TMPD 2, 2016-2017 have continued rendering services since their appointment by the court order on 22 October 2021.

“The said entities were again appointed under TMPD 2 , 2016-2017 . They have rendered services since their appointment by the court on the 22nd of October 2021 . They are currently rendering the same security services to the municipality .”

Director Malatji states he was not able to access his office for the past 9 months due to suspension conditions, affecting his ability to respond to emails and instructions timely.

“I got it difficult to access my office for the past 9 months or so to date because conditions of my suspension included that I should not find myself next to any of office of the municipality, right, except when I am called upon to appear before the hearing.”

The full vetting process, not yet formal policy, is a comprehensive check done by a state security agency that includes lifestyle audit, financial checks, and background investigations of personal relationships.

“The vetting I am referring to is a full vetting done by, in our case as a municipality, by a state security agency, and it is a part lifestyle audit, financial check, proper vetting, your whole history, all your girlfriends, all your boyfriends, all your ex-wives, all those things. They check it all, and then you are either cleared or you are not cleared.”

The report concluded that the allegations indicate possible crime of fraud and corruption but recommend a thorough forensic investigation due to potential cost implications and employee misconduct.

“But the allegations submitted have substance and indicate a possible crime of fraud and corruption . However thorough forensic investigation would be more suitable to indicate cost to the municipality and all the employees involved of misconduct .”

Sergeant Nkosi asserts that MMC Morodi knew he was an outsider with no official capacity in Tshwane but still asked him to get municipal information through his relationships.

“That she knew that you , an outsider , had a relationship in the municipality which allow you to get access to municipal information .”

Sergeant Nkosi confirms it is correct that MMC Morodi sent him information to find out about the status of applications, meaning she knows he has the ability to obtain that municipal information.

“I want to say this was sent to you so that you can find out ... about the status of these applications , yes . So I say to you for MMC Morodi to send you this information so that you can get updates of the status of these applications , it must mean , it has to mean that she knows that you do have the ability to get that information from the municipality .”

The use of an intermediary obscured the communication trail to conceal irregular conduct within the municipality.

“by interposing you between all of their communications, they leave an electronic trail that suggests that they never speak to each other. So they are able to communicate in relation to irregular conduct within the municipality without leaving an electronic trail that suggests that they have done so”