Nico

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 indicates it might be difficult to verify the tender details and would need to ask Nico or Bheki who may have that information.

“I think that might be difficult for me to do that. It will require either Bheki or someone new. I will ask Nico if he has that”

Deputy Chief Dhlamini refused to assist Sergeant Nkosi with compiling the tender document and instead referred him to Nico, not the official SCM contact person.

“I could not do that”

Deputy Chief Dhlamini confirmed the presence of two lists discussed with Sergeant Nkosi and the CFO, one from Nico's mandate and another list of seven different companies requested by Sergeant Nkosi for compliance checking.

“You had forwarded to Sergeant Nkosi the list of companies that Nico had said was the mandate he had given to Victor. ... And an hour later you had forwarded him the list of seven companies that you said was our list in order of priority. ... And the second list was a list of seven different companies that Sergeant Nkosi asked for because he asked you to check for a list of seven different companies for compliance because he did not like the list that Nico had given you.”

Sergeant Nkosi captured messages related to a mandate given to Victor by Nico, listing seven companies.

“you sending a message to Sergeant Nkosi with a list of seven companies and the covering message that says: “Captain, mandate to Victor a phi we yona. Captain, this is the mandate that was given to Victor by Nico”

Sergeant Nkosi received a message instructing to find another seven companies for compliance checks after he was informed Victor had a mandate from Nico for seven companies.

“Sergeant Nkosi got the message saying that Victor had received a mandate from Nico for seven companies, he contacted you and said I want you to find another seven companies for us to check for compliance”

Sergeant Nkosi sent a message titled 'the list of preferred people for demolition' which Deputy Chief Dhlamini understood as people assisted by Nico for compliance in the tender processes.

“he sent me this message ... say: “Morning General, the list of preferred people for demolition.”

Deputy Chief Dhlamini explained that the 'preferred people' referred to bidders that Nico had assisted who meet compliance requirements and are preferred for tender award.

“Preferred people, I will explain ... he said he needed people who Nico assisted in terms of compliance. That there are bidders Nico could see to say these comply, that he preferred to say they meet the requirements.”

Deputy Chief Dhlamini found it odd the discussion about whether bids complied with requirements would happen in March when Tshwane was evaluating bids, not in October when Nico was working on submissions.

“Did you not find it odd that the discussion about whether the bids comply did not happen in October but is happening in March ... when it is Tshwane that is evaluating the bids?”

Deputy Chief Dhlamini explains that Sergeant Nkosi initially demanded two names, Ngaphesheya and Elshadai, purportedly assisted by Nico in land invasion matters.

“Initially he demanded, I mean, those two. He came back again to say he needs additional names SC. I must confirm if Nico can give him the two names for land invasion. And I forwarded those names to him.”

Sergeant Nkosi requested Deputy Chief Dhlamini to provide two company names that had been assisted by Nico in preparing bids related to land invasion, including Ngaphesheya.

“He said I must check with Nico to give him two names that he has assisted in terms of the land invasion. And I forwarded those names to him.”

Deputy Chief Dhlamini confirms that for the inquiry on 9 March Sergeant Nkosi demanded the names of two companies that Nico had assisted in relation to land invasion.

“We are talking about the 9th of March. He demanded the two names for land invasion.”

Deputy Chief Dhlamini sent the names of two companies assisted by Nico, including Ngaphesheya, to Sergeant Nkosi as requested.

“He asked me to say, give me two names. Ngaphesheya and the other name that Nico assisted. I forwarded him those two names.”

Deputy Chief Dhlamini states Sergeant Nkosi wanted the second company name assisted by Nico, beyond Ngaphesheya, which was considered essential.

“He wanted the second name, Commissioner.”

Deputy Chief Dhlamini understood that the list of preferred bidders requested referred to bidders who were assisted by Nico, not just any bidder on the tender register.

“I understood it as preferred people who were assisted by Nico in terms of compliance of their tender document.”

Deputy Chief Dhlamini confirms that the list of preferred people for demolition meant the people Nico had helped.

“That is correct, SC.”

Sergeant Nkosi communicated via WhatsApp with the CFO, Ngaphesheya Security Services, and Elshadai Security Services about preferred bidders involving Nico, Ngaphesheya, and Elshadai.

“Sergeant Nkosi WhatsApp’s back to the CFO, Ngaphesheya Security Services and Elshadai Security Services ... I understand that you are asking who Nico helped. I have already told you it is Ngaphesheya and Elshadai.”

Deputy Chief Dhlamini did not have information immediately and needed to check with Nico regarding who else Nico helped among preferred bidders.

“I cannot tell, SC, but as much as I said to him, I will have to check with Nico because I do not have any information with me.”

Sergeant Nkosi had asked Deputy Chief Dhlamini who else Nico helped apart from Ngaphesheya and Elshadai but Dhlamini needed to speak to Nico before answering.

“Sergeant Nkosi actually had asked you, who else apart from Ngaphesheya and Elshadai did Nico help? And you had to told him I need to speak to Nico before I can answer that... But I will check with him.”

Deputy Chief Dhlamini states that Nico gave him a list of preferred bidders which he then passed on as the mandated list given to Victor, allegedly involved in procurement.

“Nico sent me the list of bidders and say this is what was given to Victor ... this is the mandate that was given to Victor.”

Deputy Chief Dhlamini relayed to Sergeant Nkosi that the preferred bidders list given by Nico to Victor was the mandate he was told Victor must work with, implying Victor must give preference to these companies in procurement.

“this list of companies is the mandate that was given to Victor ... Viktor must work on those companies ... Viktor must give preference to those companies in the procurement process.”

Deputy Chief Dhlamini admitted that Nico was communicating with Victor, believed to be the Chair of the BEC, providing him with a list of companies to be given preferred bidder status for the TMPD01 tender.

“Nico had been communicating with Victor and had told Victor that these seven companies ... are the companies that should get the tender ... Nico had given Victor a mandate to appoint seven companies for this bid.”

Deputy Chief Dhlamini says he does not know where Nico obtained the preferred bidders list from.

“I do not know.”

Deputy Chief Dhlamini denies referring bidders to Nico, clarifying that he only referred Sergeant Nkosi to him to help Bheki with assembling compliant bids.

“I do not refer bidders to Nico... I only referred Sergeant Nkosi to say let him help Bheki.”

Deputy Chief Dhlamini confirmed that Nico claimed to have gone to the Chair of the BEC and given him a mandate to appoint seven companies for this bid.

“Nico is now telling you that he has gone to the Chair of the BEC and given him a mandate to appoint seven companies for this bid ... that is what he said.”

Deputy Chief Dhlamini said he cannot confirm Nico's claim of attempting to corrupt the procurement process but acknowledged many people claim to have connections to benefit others.

“I do not know whether this was true or not ... people might claim sometimes ... I cannot confirm that.”

Adv Chaskalson SC suggests Nico admitting an attempt to corrupt the procurement process by giving a preferred bidders list to Victor.

“Nico is essentially admitting to an attempt to corrupt this procurement process.”

Deputy Chief Dhlamini forwarded to Sergeant Nkosi a list of preferred bidders which he had received from Victor through Nico, and he must have assumed the information was true.

“Because you cannot forward something that you know to be false to Sergeant Nkosi... you must have believed that it is true because you said earlier, he gave you a list of preferred bidders... you must have believed that you are being told the truth because you used this very list to respond to what he had asked you earlier.”

Nico gave Deputy Chief Dhlamini a list which was forwarded to Victor as a mandate, and Deputy Chief Dhlamini assumed Sergeant Nkosi must be aware of these things.

“I asked me to check with Nico, Nico gave me that and said this is what I...”

The list given to Sergeant Nkosi was a list of preferred bidders in relation to a mandate, and Deputy Chief Dhlamini believed this list was sufficient to satisfy Sergeant Nkosi's enquiry.

“You are given a list in relation to a mandate of preferred bidders... You give that to Sergeant Nkosi... He will take the same name list that Nico provided me to say... I took it that he would be satisfied with that list...”

The Chairperson challenges the adequacy of the list given to Sergeant Nkosi, asserting it does not answer his enquiry about who else was assisted by Nico.

“How could that be a response to Sergeant Nkosi's latest enquiry? The two just do not correspond... The question is who else was assisted by Nico? And what you get is not a response to that...”

Deputy Chief Dhlamini claims he forwarded to Sergeant Nkosi a list provided by Nico as a mandate given to Victor, despite not being asked by Sergeant Nkosi to confirm what mandate Victor had.

“I was giving him information to say he is requesting names, but names have already been given... I forwarded the name list and also indicated to say Nico indicated to say gave this to Victor as a mandate... No, Commissioner.”

A person from outside the City called Nico claimed to have given a mandate to the head of the Bid Evaluation Committee (BEC) to rig a tender in favor of seven companies, and one potential perpetrator admitted to doing this, though Deputy Chief Dhlamini considers this claim may not be truthful.

“someone from outside the City, Nico, had come to you, claiming to have given a mandate to the head of the BEC to rig a tender in favour of seven companies ... You had one potential perpetrator admitting that he had done this ... That is what he claimed, which might not be truthful”

Deputy Chief Dhlamini acknowledges that if the allegations by Nico were true, the tender would have been compromised.

“If what Nico told you was true ... then this tender would have been compromised”

If a third party from outside the City comes as a complainant and lodges a complaint about a mandate to manipulate the bid in favour of seven companies, Deputy Chief Dhlamini would investigate if the complaint is put into a statement.

“if a third party from outside the City came as a complainant and lodge a complaint that Nico ... had said he had given a mandate to the Chair of the BEC to manipulate the bid in favour of seven companies, would you investigate that? Correct ... The third party, I believe, could have reduce it into a statement”

Sergeant Nkosi insisted on getting Nico to give him 10 additional companies to B7 for checking compliance, and Nico was to put them in order of priority after evaluating compliance.

“Sergeant Nkosi insisted that I need to get Nico to give him 10 additional five companies to B7, that he wants to give it to the CFO to ensure that he is able to check for him if they comply accordingly, and I must indicate that Nico must put it in order of priority in terms of the requirements”

Sergeant Nkosi wanted a list of seven companies, which Nico had evaluated and believed to be compliant.

“So you are saying this was a list that Sergeant Nkosi wanted of seven companies now? That Nico had evaluated and that Nico believed to be compliant?”

Nico previously provided only two companies (Ngaphesheya and Elshadai) as compliant, but later Sergeant Nkosi requested an additional five companies to make a total of seven.

“The initial request was that he gives me an additional company on top of Ngaphesheya so that there might be two. Now currently he is looking for additional five companies.”

Sergeant Nkosi had requested Deputy Chief Dhlamini to send a list of companies evaluated by Nico to the CFO for compliance checking, and Dhlamini complied by sending the list, not creating it.

“He has requested me, SC, because I think when he was responding here, he already told me that he wants to send a list to the CFO for the CFO to assist him to check for compliance. So he was merely indicating to me that he has done that already. It was not my list or my making this list, SC.”

Deputy Chief Dhlamini identifies Nico as the person who gave him the list of companies and explains that Nico is someone who assists with tender documents or administrative work.

“I said Nico is someone who deals with issues of assisting people with either tender documents or administrative work on other aspects.”

Deputy Chief Dhlamini denies being the person called Nico and insists that Nico is someone else who does this kind of work.

“That is not true Commissioner, I am not Nico. There is Nico who does this work.”

Deputy Chief Dhlamini confirms he still has the phone used to communicate with Nico and that he is not sure if the chats are still there due to a 24-hour timer.

“Yes, I do have my phone. I am not sure if the chats are still there, but we can ... There is a timer, 24 hour timer too.”

Deputy Chief Dhlamini confirms that Nico sent him a list of companies he claims to have prepared and assisted, which he forwarded for compliance checking as requested by Sergeant Nkosi.

“That is correct. No, he gave me the list, but because I knew that Sergeant Nkosi requested that he wants to send it to the CFO, I edited the message accordingly.”

Deputy Chief Dhlamini states he was not sure if the companies that Nico mandated Victor to include had also assisted in the bids, and that Sergeant Nkosi instructed Nico to provide seven different companies than those on Victor's mandate list.

“I am not sure if he has also assisted these ones that he claimed to have given to Victor or not. It is because Sergeant Nkosi said he must give him the different names from this one. There are additional five companies different from this.”

Deputy Chief Dhlamini confirms the first time Sergeant Nkosi knew that Nico had mandated Victor regarding seven companies was at 8:02 PM.

“The first time that Sergeant Nkosi knows that Nico has mandated the seven companies that he gave to Victor is at 08:02 PM”

Deputy Chief Dhlamini accepts he will provide his cell phone for call logs to be examined.

“Would you make your phone available to us ... to look at the log of your calls to Nico? You can have it”

Deputy Chief Dhlamini states Sergeant Nkosi requested Nico to give additional companies in priority according to compliance preparation.

“He requested Nico to give him additional companies in priority how he prepared them in terms of compliance”

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 was asked to check whether seven companies (assisted by Nico) were compliant.

“what he wanted the CFO to do was to check whether these seven companies were compliant”

The communication involving Deputy Chief Dhlamini sending a list of seven bidders mandated by Nico to the Chair of the Bid Evaluation Committee to rig the tender in their favor is alleged to be related to procurement and possibly improper conduct, which Deputy Chief Dhlamini denies as procurement matter and describes as merely naming bidders possibly found on their website.

“It is not a procurement matter, SC ... I will describe it as an allegation that one is indicating the names of bidders ... He might have found them, I mean, on their website and so forth and indicated that ... That ... list of seven bidders specifically identified by Nico as the seven bidders she has mandated Victor to rig the tender in favour of.”

Deputy Chief Dhlamini states he was involved in tender processes and referred Sergeant Nkosi to assist with tender documents for a non-TMPD tender related to a non-existent Matthews Phosa Municipality.

“you send to Sergeant Nkosi ... a list of five issues ... As it was indicated by Sergeant Nkosi to say they were dealing with a tender in Mpumalanga ... I do not know ... That is what I indicate ... I referred Sergeant Nkosi to Nico ... Nico would usually send me messages to either forward to Sergeant Nkosi ... It is not your tender. That is not the TMPD tender ... Much as I indicate ... I referred Sergeant Nkosi to Nico ... I was telling Sergeant Nkosi to push Bheki”

Deputy Chief Dhlamini admits sometimes he takes an active role as a voice pushing for action regarding the tender process for Bheki through Sergeant Nkosi and Nico, citing trust and expediency.

“sometimes the voice of someone will make certain things to be able to be done ... I am saying I am putting pressure also to Nico to ensure that he also speaks to Bheki ... if it comes from me, they will be able to run ... I had to make a call with the two of them to try and work together”

Deputy Chief Dhlamini admits putting pressure on Nico to ensure Nico speaks to Bheki to resolve conflicts between them to facilitate tender process cooperation.

“I am saying I am putting pressure also to Nico to ensure that he also speaks to Bheki ... Sometimes they have conflict ... I am not sure whether because Nico is an adult and they cannot find each other sometimes”

Deputy Chief Dhlamini put pressure on Nico to comply with submitting documents related to bids and tenders based on a list Nico gave to Bheki.

“Sharp, I am also putting pressure . On Nico . To work together with Bheki”

Nico has given a list of non-compliance to Deputy Chief Dhlamini, resulting in difficulty working with Bheki due to poor communication and waiting times.

“Nico has given you a list of non - compliance. ... there is disjunction in terms of communication, because Nico will complain sometimes to say I will be in the office, wait for four hours or so”

Deputy Chief Dhlamini denies putting pressure on Nico, stating pressure is applied elsewhere, possibly internally in Tshwane related to the tender.

“That is not true , Commissioner. ... You are putting pressure elsewhere , not on Nico. ... The probability is you are putting pressure internally on more Tshwane people about this tender.”

Nico was busy with documents of Elshadai, unrelated to the Tshwane tender discussed, indicating possible confusion or overlap in activities.

“General, I spoke to Bheki now. He tells me he has spoken to Nico when he was busy with documents of Elshadai.”

Sergeant Nkosi reports that Nico promised to help but has now stopped answering his phone, requesting the General to intervene to avoid further delay.

“Nico promised to help but now is no longer answering his phone. Please check Nico. I will push Bheki. These people must know it is one thing and they must work as a team, not the other way. And then please, General, intervene. We cannot lose now. We have been waiting for this for a while.”

Sergeant Nkosi sent Mr Mnisi a screenshot of a message at 08:31 pm with tender number TMPD1 and a list of seven companies, indicating a mandate assigned by 'Nico' to Victor, who is responsible for these companies related to the tender.

“the last text on the page is a screenshot that Sergeant Nkosi sends you at 08:31 pm. And it is a screenshot that on its face comes from a message that the General sent to him at 08:02... And it is a table that has tender number TMPD1 and then it is got a list of seven companies on it. And at the bottom it says: “Captain, nayim and ate u Victor aphiweyo na”. And helpfully underneath it, the Sergeant Nkosi has said: “Companies given to Victor by Nico”.”

Sergeant Nkosi sent Mr Mnisi names early in the day (Ngaphesheya and Elshadai) and later sent seven strange names, claiming these were mandated by someone named Nico, who Mr Mnisi does not know.

“Sergeant Nkosi has sent you two names, Ngaphesheya and Elshadai, early in the day. ... He sends you seven names saying this is the mandate given to Victor by Nico. You do not know who Nico is. No, I do not know who Nico is.”

The companies listed are the preferred vehicle providers for the tender and the list was compiled by Nico, an outsider referred by General Dlamini in Tshwane.

“a list of bidders who Victor has a mandate to award this tender to ... This list, it was the list that was compiled by Nico ... Nico who was referred by General Dlamini who is an outsider to Tshwane ... I sent to General Dlamini ...”

Nico was involved as a tender document specialist to assist with compliance issues for a security project bid related to Tender 1/2425 in Tshwane.

“Nico was there to assist with compliance.”

It is over six months after the bid submission deadline for Tender 1/2425 (October) and Nico still had not ensured the bid was compliant, but this was due to the bid process being closed and no further submission could be made, relating to a different project in Mpumalanga.

“It is now six months since the bid submission deadline. Remember, the bid submission deadline was in October.”

Sergeant Nkosi states that the General is involved because he intervenes between Bheki and Nico to ensure progress, as Nico assists Sergeant Nkosi's brother with tender documents but the General's role is supervisory.

“the General is involved because if I ask him to intervene between Bheki and Nico ... Nico was sending the General now because Bheki was playful or not taking it seriously or was too busy ... the General makes sure that Nico does what is expected of him.”