TMPD-1

Deputy Chief Dhlamini confirmed awareness of pending bids involving Ngaphesheya and his brother, including TMPD-1 and TMPD-3 tenders where Ngaphesheya is a bidder.

“In TMPD-1 and TMPD-3, Ngaphesheya is a bidder.”

For a tender related to Ngaphesheya in Mpumalanga, Deputy Chief Dhlamini had documents certified by the Private Sector Industry Regulation Authority (PSiRA) and the South African Police Service in Soshuvane dated after the TMPD-1 submission deadline.

“... it is a letter of withstanding issued by the Private Sector Industry Regulation Authority, PSiRA ... certified by the South African Police Service in Soshuvane on the 20th of February 2025 ... those dates are after the submission date of TMPD-1 ...”

The document certified by PSiRA and SAPS could not have been part of the TMPD-1 bid as it was only created months after the bid deadline of October 2024.

“this document could not be a document that was submitted as part of the bid for TMPD-1 because it was only created on its face in February 2025.”

Deputy Chief Dhlamini agrees the document relating to the Ngaphesheya tender was created after the deadline and confirms that documents he was exchanging between Nico and Sergeant Nkosi did not relate to TMPD-1.

“That is correct... Yes, SC.”

Deputy Chief Dhlamini says it was not strange that Sergeant Nkosi asked for a list of bidders since they communicated extensively about TMPD-1, but Nkosi never spoke to him about TMPD-3.

“He never spoke to me about it, and I do not see it as being strange”

Mr Mnisi explained that the documents lost were entire tender documents of bidders, not individual components, and that for the TMPD-1 tender, six bidders' documents were missing from the returned bundle of 51 out of 57 bidders.

“When they say documents, they are not referring to individual components of documents. It was actual tender documents of bidders ... because from the top of my head I am aware of 57 bidders from TMPD-1, what was brought back was 51 bidders without six documents”

The Probitiy report on TMPD-1 did not identify any shortcomings related to document control and found no irregularities.

“the Probity report of TMPD-1 did not identify any shortcomings of that nature. That then, of course, gives me assurance that for TMPD-1, there were no shortcomings, documents were validated to be under lock and key, and there were no instances of irregularity that were picked up.”

In one case TMPD-1, Probity Team indicated two instances of disqualifying a bidder due to missing audited financial statements and a missing five-ton truck, and BEC provided evidence to Probity to amend confirmation letters accordingly.

“We had a discussion on TMPD-1, on the Probity report, where the Probity Team came on board and clearly indicated there are two instances where we are disqualifying this bidder... as a result of the audited financial statements not being there and as a result of the five-ton truck not being there. Probity Team provided the relevant evidence to – no, apologies. The BEC team provided the necessary evidence to the Probity Team, convinced them accordingly, and amended confirmation letter was provided.”

During the City bid process, Mr Mnisi gave Sergeant Nkosi access to documents between the City and a competing bidder, including an invoice showing pricing used by that bidder.

“you had given Sergeant Nkosi access to documents between the City and one of the competing bidders in TMPD 1, including an invoice that showed the pricing used by that bidder in respect of the City”

General Dlamini sent messages on 13 April about documentation requirements including lease agreements, audit certifications, and insurance needed for compliance with tender TMPD-1.

“General Dlamini sends two messages to Sergeant Nkosi. The first one says: 'Lease agreement for both company and director for rates and taxes. Interpretation of PIE Act. Three years’ financials must be done by independent auditor and signed or certification that they have been audited... Public liability insurance for 10 million.' These look like documents that would be mandatory requirements for compliance with that tender TMPD-1.”

ADV Chaskalson SC pointed out deficiencies in a conversation between Sergeant Nkosi and Deputy Chief Dlamini and asked Mr Mnisi to explain alignment with mandatory tender TMPD-1 requirements.

“You are pointing out a conversation between Sergeant Nkosi and the Deputy Chief Dlamini and you are pointing out areas of deficient. I can see that. I am just requesting for you to please show me the alignment between TMPD-1 and this.”

Mr Mnisi confirms the tender TMPD-1 requires lease agreements and tax documentation for companies and directors as mandatory requirements.

“Lease agreement for both company and director for rates and taxes a mandatory requirement for TMPD-1?”

Mr Mnisi states that the exchanges were about assessing documentation or preparing a bid document, not related to TMPD-1 tender as it was already closed.

“So this looks obviously like they are assessing documentation or they are preparing a bid document... it looks like people analysing, assessing, auditing documents... not related to TMPD-1 whatsoever”

MR MNISI disagrees he was working off Ngaphesheya's document and explains the chats were informal discussions about shortcomings in a raw document from the institution and not related to any tender document for City of Tshwane or TMPD-1.

“These are my chats... I had a raw document from the institution. I picked up on a shortcoming. I stopped looking at the rest because I saw we are never going to make this if there is a shortcoming of this nature... It was not in relation to any tender document for the City of Tshwane... It was not in relation to TMPD-1...”

Mr Mnisi states the tender involving Ngaphesheya was probably for TMPD-1, and that the requirement was for Grade B guards, not Grade A, meaning his involvement did not create a conflict linked to Ngaphesheya.

“The first scenario that you gave, you mention that this is probable that this was for a City of Tshwane tender, and I would probably say for TMPD-1... The requirement for that bid was Grade B... So the first situation is completely not there... The first scenario that you have provided ... is completely non-existent.”

Mr Mnisi clarifies that for the TMPD-1 tender Grade B or higher guards were required, and Ngaphesheya had Grade B and Grade C guards, satisfying the requirements, so there was no relation to conflict of interest.

“What you see in 212 is firstly that you needed Grade B or higher... For the tender TMPD-1, they needed only Grade B and Grade C... Ngaphesheya, by virtue of having Grade B... as their director, they had Grade C in terms of all other guards.”

57 bidders participated in the tender TMPD-1.

“The first fact is that 57 bidders bid for this contract, TMPD-1.”

Sergeant Nkosi forwarded a message from General Dlamini containing a list of seven companies that Victor Kgopa, Chair of the BAC, said were under his mandate, which allegedly came from someone called Nico Mathobela, who had no legitimate role in the procurement process related to TMPD-1.

“Sergeant Nkosi forwarded you another message from General Dlamini with a list of seven companies, saying that these were the seven companies that Victor Kgopa, the Chair of the BAC, said were his mandate. And the mandate was alleged to have come from someone called Nico. ... Nico Mathobela was certainly not any person who had any legitimate role to play in the procurement process relating to TMPD-1.”