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The protective service provider known as Gubis 85 Solutions was chosen by the management of Water and Sanitation Department.
“Regarding the specific allocation of these protective services to the service provider known as Gubis 85 Solutions, I must state unequivocally that the company was chosen by the management of Water and Sanitation Department.”
Major Phiri issued deployment notices effective 15 January 2025 but acknowledges guards were deployed on site from 7 January 2025, without backdating the deployment letter to fit the actual deployment dates.
“you issued your notice on the 14th and it becomes effective on the 15th , regardless of the fact that these have already deployed on the 7th of January.”
Major Phiri denies allegations of favouring Gubis 85 Solutions or receiving incentives for channelling work to them, stating he executed his duty as instructed without improper motives.
“I have been made aware of inferences suggesting that I may have favoured Gubis 85 Solutions or received incentives for channelling work to them . I categorically deny this allegation .”
Major Phiri states that once deployment of Gubis 85 Solutions' guards was processed, he had no further interaction or relationship regarding the ad hoc services, as invoices and payment responsibility lay with the Water and Sanitation Department or TMPD Finance Department.
“I had no further interaction or relationship with Gubis Solutions once the deployments were processed .”
Major Phiri states he has no role in generating or creating purchase orders; this responsibility lies solely with the Department of Water and Sanitation, which also handles invoice payments. He denies any improper relationship or favouritism regarding Gubis 85 Solutions.
“I am not responsible for generation or creation of purchase orders . That is the sole responsibility . In this case , it was going to be the sole responsibility of Department of Water and Sanitation . As in 18 , it was told that the invoices must go to Department of Water and Sanitation or TMPD Finance Department . And I have been made aware of inferences suggesting that I may have favoured Gubis 85 Solutions or received incentives for channelling work to them . I categorically deny this allegation .”
Major Phiri states there were further interactions with Gubis 85 Solutions relating to their work in the region, specifically with issues regarding reservoir and pump stations, but no further interactions regarding ad hoc services.
“I have further interactions with them because they work in the region and if something happens in those , what you call , reservoirs and pump stations , they will contact me and say , but we have a problem , we do not have a parameter fence . But we are not speaking about any other thing other than that .”
Major Phiri is employed by Gubis 85 Solutions and states he has not received any incentives or benefits from them.
“part of the questions that was posed to you to answer to this Commission was that whether you have received any incentives or benefits from Gubis ... I answered to the negative .”
Gubis 85 Solutions sent emails expressing frustration about non-payment of invoices and non-payment of salaries for security officers.
“Good day. Kindly find the attached letter with regards to our frustrations when it comes to non-payment of invoices. We have also attached a letter from the unions regarding non-payment of salaries for security officers.”
The City is working on a mechanism to resolve the issue of unpaid invoices raised by Gubis 85 Solutions.
“The City is working on a mechanism to resolve the issues raised.”
Despite escalation of invoice payment issues since 7 February, almost a month later, nothing has been done and the matter remains unresolved.
“Since my escalation of this matter to the relevant colleagues, from the 7th of February, almost a month down the line, nothing has been done. This matter has not been resolved accordingly.”
The escalation emails were copied to the City Manager, Chief Operating Officer, Chief of Police, and other senior colleagues, indicating senior leadership awareness of the payment issue.
“The City Manager is cc'd on this communication from the escalation from Gubis 85 Solutions. The Chief Operating Officer is cc'd. The Chief of Police is cc'd and all other colleagues who are within the City.”
Mr Tshukudu Malatji reported that all outstanding invoices for January and February 2025, including Gubis 85 invoices, were submitted and are in process for payment.
“All outstanding invoices for the month of January were submitted for further handling. The invoices for February, 025 were also signed and submitted for further handling and payment. These invoices include Gubis 85 invoices for the month of February.”
Gubis 85 Solutions provides normal Watchman Services deployed for R3,500,000 per month, which is separate from the ad hoc service payments.
“Whereas Gubis 85 Solutions has a normal Watchman Services that is deployed ... of R 3 500 000 per month.”
Three named companies, Gubis 85 Solutions, Izingwenya 210 Investments, and Triotic Protection Services, will commonly feature in the stream of TMPD due to suspicions of syndicate or cartel interference.
“These are the companies that will be forming the subject matter of our discussion... especially where there is a suspicion of interference by syndicate or so-called cartels... The first three, namely Gubis 85 Solutions, Izingwenya 210 Investments, Triotic Protection Services.”
Service provider Gubis 85 Solutions was paid the largest amount for ad-hoc services during the tender period, totaling approximately R59,133,986.32 between July 2024 and June 2025, over and above the normal monthly deployment of guards averaging R3,500,000 per month.
“During the existence of the tender, the service provider, on one who was paid the largest amount for ad hoc services specifically, was Gubis 85 Solutions. I have also attached a spreadsheet listing the total payments made between July 2024 and June ‘25... a total amount of R59133986.32 was paid to Gubis for ad hoc services only over and above the normal monthly deployment of guards, which averaged approximately R3500000 a month. That is the normal deployment, but the ad hoc is from over and above that amount.”
A letter dated 24 June was sent by Commissioner Spies to Gubis 85 instructing them to stop the ad hoc security services with effect from 30 June due to lack of approval based on written process.
“I sent a letter to Gubis 85 specifically to say, as of now, you stop this...stop the service with effect 30 June...stop the services.”
Commissioner Spies confirmed sending the letter to Gubis 85 on 24 June ordering stoppage of unapproved ad hoc security services not authorized by any written process.
“That is the letter that I then sent to Gubis 85 Solutions on the 24th of June, where I say: “Stop page of ad hoc services which have not been approved in terms of any written process.”
Despite instructions issued on 12 March to stop payments, payments continued, prompting a further letter to Gubis on 24 June because Malatji stated he wouldn't stop without written order.
“I queried with Malatji to say, but I have told you on the 12th of March already to stop this. Why is a full payment still coming through?...I have sent a letter to them to say, stop the service with effect 30 June.”
Gubis 85 Solutions sent multiple attachments back with their response to the stop letter, including the original award letter from 2022 and reports of their services rendered, and deployment lists signed off mostly by Inspector Phiri who conducted the deployments.
“they have also attached a lot of attachments...they have sent me the original award letter...a report through to me of their services rendered...deployment...signed off at the bottom...contact Lebohang Phiri...signature...Inspector Phiri.”