Referred to as: court order · Court Order
No picture yet. Upload one or paste an image URL.
The tender for security services was first advertised in 2016/2017, but actual work only started in 2022 following a court order.
“When it was originally advertised, it was 2016/2017. When it was eventually awarded, it was pursuant to the court order ... But they only started working after they were appointed pursuant to the court order.”
The tender TMPD 2 was subject to awards made under a court order due to litigation concerning missing documents.
“But it is this tender that was, or rather, in respect of which awards were made pursuant to a Court Order, is it not? It is so, Commissioner.”
Director Malatji denies knowing about the complaint or allegation that documents were removed and missing, which led to a court order that the tender must proceed and not be cancelled.
“You say you never became aware of that... tender went to court because there had been a complaint or an allegation that documents were removed and some documents were missing, and the Court Ordered that that is the basis to cancel the tender.It must proceed to evaluation.You say you never became aware of that”
A Court Order awarded tender TMPD 22016-2017 to 22 security service providers including Gubis Solutions (Pty) Ltd, and the City of Tshwane was served with this order on 22 October 2021.
“The city of Tshwane was later served with a Court Order which awarded tender TMPD 22 2016 - 2017 to 22 security service providers including Gubis Solutions (Pty) Ltd. I attached a copy of the Court Order dated the 22nd of October 2021 marked as Annexure TB 3.”
Director Malatji was aware of instructions given around the Court Order relating to the City of Tshwane's tender.
“Yes, I am aware of the instructions by the Court Order.”
Director Malatji was not aware of what influenced the agreement that became the Court Order.
“No, no.”
The tender that commenced on 1 March 2022 was not a new tender process but a fresh start mandated by a court order on 22 October, due to delays caused by legal and corporate processes.
“It is because of the court order on 22 October, it took a while for the corporate and legal to design and create these service level agreements, and then the service level agreements and the contracts and everything was only done and completed in February 2022 and the tender then commenced 1 March 2022.”