Mfowethu

Chief Mashaba sent a WhatsApp message on 4 June 2019 about looking after Faith Mazibuko, the MEC for Community Safety appointed on 13 May 2019, indicating things are going to change for his benefit.

“On the 4th of June, you sent a message: ‘Tumza, morning. Are Sebetseng Mfethu. I want us to look after Faith. She is now my MEC. Things are going to change for the best and beneficial to me. Please, Mfowethu.’ You were speaking about Faith Mazibuko.”

Deputy Chief Dhlamini sent a message referring to a list that Mfowethu had from CIC Juju, although he now clarifies it was a general message typed and might have sounded otherwise.

“in your message, did you refer to a list that Mfowethu had from CIC Juju?”

Deputy Chief Dhlamini explains that he edited messages referring to companies as "our vehicles" to insert names as requested, particularly to give to Mfowethu.

“I put Captain there to be given to Mfowethu as he requested. Then that is what I did on this message.”

The texts are consistent with an attempt to rig a tender in favour of certain bidders.

“messages that are consistent with an attempt to rig the tender in favour of certain bidders”

Sergeant Nkosi requested a list of companies assisted by Nico to be given to the CFO to check for compliance.

“requests come from you ... find below our vehicles for land to be given Mfowethu in order of priority”

The CFO responded that he was on top of checking compliance regarding the seven companies.

“Thanks, Mfowethu, I am on top of this”

The CFO showed the Deputy Chief a WhatsApp screenshot of communication with Sergeant Nkosi listing vehicles to be given to Mfowethu in order of priority, confirming the list as final between them.

“Captain, find below our vehicles for land to be given to Mfowethu in order of priority, Elshadai Security Services. Response from the CFO is: This is ours, Mfowethu. This is the final list, right? And Sergeant Nkosi responds: Yes, it is ours, the final list.”

The General sent a message to Sergeant Nkosi seeking confirmation if Mr Mnisi had spoken to Cain regarding processing at GUBIS, but Mr Mnisi never received this message and cannot comment on it.

“The General messages Sergeant Nkosi saying : “ Good day, Captain. Please check with Mfowethu if he has spoken to Cain about Gubis for processing . He just called me to say Mfowethu has given a go-ahead .” This message was never forwarded to myself . I have never received it . I cannot comment on that .”

Mr Mnisi asserts he responded to messages indicating 'I am on top of this' and 'This is ours, Mfowethu, this is the final list', indicating ownership or responsibility over the matter.

“I say: 'Thanks Mfowethu, I am on top of this.' I say: 'This is ours, Mfowethu, this is the final list.'”

Mr Mnisi was ordered to check compliance by a Captain, who sent a message to him involving a list of entities which was to be given to Mfowethu in order of priority, but Mr Mnisi does not know who Mfowethu is or what the exact relevance is.

“You see that? ... Who was that Mfowethu?... I cannot speak for what he was saying... I read this message that I must check compliance for these companies ... I cannot see if this is a forwarded message ... I read this as a message from him to me”

ADV BALOY denies ignoring 'Mfowethu' and instead acknowledges the messages and arranges a meeting with him, refuting the notion that he expressed irritation or annoyance.

“You did not ignore him. You acknowledged him. ... you acknowledge his message. And then you go on to arrange a meeting with him. By any description or definition, you did not ignore him.”

MR MNISI states he was not encouraging 'Mfowethu' but was expressing himself in his own manner, and disagrees with characterizations that he ignored the persistence.

“I respectfully disagree with you. I am not encouraging him at all. ... I saw it irrelevant from my perspective.”

MR MNISI describes a pattern of persistence from 'Mfowethu' spanning multiple dates, sending reminders and lists of companies to check for compliance.

“He sends me a list of companies: “Please give to Mfowethu in order of priority.” ... I was persisting on this from 148, 152, 157 on the 11th, 18th, and 25th of March.”

Mr Mnisi had to deal with persistent requests from an individual friend regarding an improper award related to a contract or process.

“He persists ... your understanding there, and bear in mind that when we go back, the request was about something you could not do, and you had to told him so. He persists”

Mr Mnisi and Sergeant Nkosi routinely refer to each other by the name 'Mfowethu' in their communications.

“myself and Sergeant Nkosi, I refer to him as Mfowethu, he refers to me as the same”

Mr Mnisi was sent a message to check compliance in order of priority concerning companies listed, and he accepted that the name 'Mfowethu' in that message referred to him.

“I was of the understanding that it is directed at me, it is directed at me, it is sent to me... I needed to... what was this message sent to you, what was the importance of that firstly? I said they wanted me to check compliance... to be given to Mfowethu ... I was understanding that it is sent to me and it was for me to address”

Mr Mnisi previously claimed not to know who Mfowethu was but now accepts that Mfowethu referred to him and that he was untruthful in his earlier statement.

“you are untruthful or you were untruthful in your answer to the Chair when you say, I do not know who is Mfowethu here ... you do accept it, therefore, given your explanation, do you accept that the Mfowethu referred to in this text is in fact you?”

Sergeant Nkosi sends Mr Mnisi names of companies as an impermissible instruction to check compliance in respect of those companies, referring to them as 'Mfowethu'.

“Sergeant Nkosi sends you names of companies that to the rest of us seem to be the names of the companies he wants to get this tender, but to you seem to be the names of the companies in respect of which he is impermissibly asking you to check compliance... your constant or repetitive way of communicating with Sergeant Nkosi is you refer to him and he refers to you as Mfowethu”

Mr Mnisi was starting a strategy of trying to play along with Mfowethu by thanking him, giving the impression that he would assist him, although he could not and did not do so.

“I am already starting my strategy of trying to play along because I can see where this is going. So, me thanking him, he is going to think that I am going to do something about it, which, of course, I am not because I cannot and I did not. He thanks me because he is of the view that I will be able to try and assist him.”

Deputy Chief Dlamini advised that all matters must go back to Mfowethu as the only gateway and that protocol must be observed at all costs; no backdoor actions will be tolerated.

“I have told them that they should go back where they have started Mfowethu. I said to them, he is the only gateway. They cannot go with a backdoor. I will only be able to assist if I get an indication from Mfowethu. Protocol must be observed at all costs.”

Deputy Chief Dlamini emphasized the protocol that issues must start with the relevant person (Mfowethu), then escalate to supply chain management, and finally escalate to him if unresolved; no backdoor approach is allowed.

“He is saying they must start with you. And he will not be a backdoor.”

Deputy Chief Dlamini sent a message about meeting to get clarity on something according to Mfowethu, involving Cain Mpofu who is an Acting Divisional Head in Supply Chain Management with procurement responsibilities.

“Afternoon Captain, I trust you are well and your family. I thought we will meet up today so that I could get clarity on something according to Mfowethu. Cain called me on Friday ... He then pushed the meeting to Monday ...”

Between 23 and 27 March, MR MNISI received nothing from TMPD despite the obligation on Gubis to engage with TMPD; Deputy Chief Dlamini directed that any motivation must come through CFO and not backdoor.

“No, nothing was there, Chair. ... He did not say, I told them, give me a motivation, I can then escalate it to supply chain management which in turn can escalate it to the CFO. Instead, he said, they should go back where they have started Mfowethu. He is the only gateway. They cannot go with a back door. So, he is saying, you have got to go back to the CFO.”

General Dlamini instructed the service provider to go back to Mfowethu, which is problematic because the onus is supposed to be on the service provider to submit necessary documents.

“Dlamini says, I have told the service provider to go back Mfowethu. That is a problem I have. That right now you say that the onus is on the service provider, and I accept that. They must submit the necessary documents.”

A meeting took place at Jean Avenue with Sergeant Nkosi but General Mfowethu did not attend as he was committed elsewhere.

“The meeting with Sergeant Nkosi did take place . However , the General was not there . ... The General did not attend that meeting . He was committed on other matter”

Mr M R M N I S I did not initially consider it necessary to get General Mfowethu's number because they were still resolving the outstanding matter.

“At this point , I did mention that it was the hindsight view of mine , where I should have obviously gotten the General 's number at this point , but it was not necessary because we are still resolving that outstanding matter .”

Mr M R M N I S I admits to continuing to follow up outstanding matters personally to resolution, including billing issues raised by clients, despite formal procedures.

“I am a person who wants to complete matters end to end , even if it is a resident raising an issue on an account . Once that issue is being raised , I do make follow - ups with my colleagues . ... The purpose of this was for me to get feedback from the General in terms of what is happening . We can not just ignore this thing . I am not breaching any processes . I am dealing with the General who is part and parcel of the process .”

The seven strange names were followed by another seven names for land vehicles to be given to Mfowethu in order of priority, and Mr Mnisi acknowledged this was so.

“Here are another seven names. Find below our vehicles for land to be given to Mfowethu in order of priority. ... I n order of priority. ... Yes, I see that.”

The phrase "this is ours, Mfowethu" in the final list means that it is their list, not a comparison with any other lists.

“this is ours, meaning this is the final list ... I was merely stating the fact that this is the final list”

Sergeant Nkosian sent WhatsApp messages directing to find vehicles for land to be given to Mfowethu related to the land invasion tender.

“there is an exchange of WhatsApp’s ... sent by Nkosi, and he says: "Captain, find below our vehicles for land to be given to Mfowethu."”

A message from a General indicated a meeting with Cain and others concerning Mfowethu, instructing that protocol must be observed and Mfowethu is the only gateway.

“After noon, Captain. I had a meeting with Cain and those guys today, as I indicate. I have to told them they should go back where they started Mfowethu. I said to him he is the only gateway, they cannot go with the back door. I will only be able to assist if I get an indication from Mfowethu. Protocol must be observed at all costs.”

The General instructed to let him meet with Gubis and Cain and then report back, refusing to meet them directly.

“Let the General meet him and then he will brief us of the outcomes of the discussion when we meet later Mfowethu. So when we see this message at page 522, four days after that exchange with the General and the CFO, we see a message saying: Afternoon, Captain. I had a meeting with Cain and those guys today, as I indicate. I have to told them they should go back where they started Mfowethu. I said to him he is the only gateway, they cannot go with the back door. I will only be able to assist if I get an indication from Mfowethu. Protocol must be observed at all costs.”

General Dlamini sent a list of seven companies on 11 March, identified by the Red Berets, asking to check authenticity with Mfowethu.

“The above is from the Red Berets . Please check with Mfowethu if it is the same with his from CIC Juju to verify the authenticity .”

Gubis, a bidder for a tender, approached the General asking to meet him, and the CFO agreed that the General should meet with him to report back outcomes.

“the General's message that he has been approached by Gubis, who want to meet him ... Gubis is also one of the bidders on this tender”