department

Once an official leaves the department, the jurisdiction of the ethics officer ends, meaning ongoing investigations can be evaded by moving to another part of government.

“Once an official leaves the department, the jurisdiction of the ethics officer ends, meaning that an ongoing investigation can simply be evaded by moving to another part of government. This is not theoretical. This does happen.”

It is improper and suspicious that meetings took place between Mr Fani, a bidder, and a senior supply chain person from the department while a bid was being evaluated.

“On its face, it appears to be improper that while a bid is being evaluated and you are one of the bidders, you are having meetings with a senior supply chain person in the very department.”

General Khan is a senior officer in the department being serviced through this tender, which compounds conflict of interest issues.

“General Khan is a senior officer himself in the department that is meant to be serviced through this tender.”

Department complied fully with the SOP related to deployment of security; hence, deployment was instructed.

“The department there has complied fully with the SOP that I allude to earlier on. Hence, my instruction, right, said the deployment will commence at 18:00.”

Phiri is part of the appointing department and issued deployment letters, which implies the department is responsible for appointments and terminations.

“Is he not in your department? He is. So your department is issued deployment letters.”

The appointing department, through Phiri, appointed and deployed personnel, and thus has the authority to terminate appointments, not the client.

“Your department made the appointments because the authority to appoint lies with you. It is not the client that makes the appointment.”

Despite not following a prescribed process, the appointment letter has contractual and legal effect and the department has authority to authorize and send termination letters.

“But there was an appointment, and it has contractual and legal effect... as the appointing authority... it is your department that has the authority to send out a termination letter.”

Deputy Chief Dhlamini asserts that payment or other difficulties within the Department must first be addressed internally before escalating to the CFO, who is the only gateway for assistance.

“If they experienced difficulties from the Department of non-payment or whatsoever, I am also part of the Department. And if they cannot win within the Department, they must go to the CFO. Because if I did not resolve their problem within the Department, they must go to the CFO and deal the matter with him. They cannot just come to me and want to work with me directly on matters of their payment.”

The department chose to leave certain sites unsecured due to lack of budget despite risks of vandalism and the service provider could not force the department to conduct a risk assessment because the department was not paying for the services.

“Page 77 of 198 substations to be vandalised is because they provided a GL account and a call centre. They cannot come to us and say, guys, come back and do a risk assessment. Because they are not paying for the services. We are. Now, if they were paying for the services, they would have come to us and said, but what you are doing, guys, is malicious compliance...”

The City documents showed a Department's request to BAC for approval to grant price escalations subject to PSIRA rate calculations despite the tender being closed.

“on page 38... a request from the Department... coming to BAC saying we want to extend this bid because the previous tender had not closed... recommendation number 4 states that they also want an approval to be granted for any envisaged price escalation subject to verifiable annual cost calculation in line with Private Security Industry Regulation Authority, PSIRA, rates”

Mr Mnisi said the termination letter triggered the realization that the reconciliation of invoices for the 24/25 financial year might be a problem due to the department and Gubis's track record.

“So you could have anticipated that in relation to the reconciliation of invoices for the 24/25 financial year, there may be a problem, given the track record of the department and Gubis.”

The amount requested for extension was below the 5 percent mark threshold and within the variation or scope allowed by law.

“The department further confirmed that the amount requested, Chair, was below the 5 percent mark threshold and was within the variation or the scope as allowed by the law.”

Service Level Agreements (SLAs) for all 22 bidders confirmed the contract commencement date as 1 March 2022, despite initial concerns raised by BAC.

“The committee requested that the department to provide the SLAs stipulating the commencement date of the 1st of March for all 22 bidders ... confirming that the contract commenced on the 1st of March 2022.”

Home Affairs could not locate the marriage certificate of Ms Petunia Mkhwanazi and Mr Gogo Titus Mkhwanazi, but stated that they were married based on birth records of one child.

“As the marriage records could not be located ... That is why I am saying in terms of ours, anything that has to do with courts, it is at the Justice Department or at the courts. You will find anything, every documents. If they say they cannot locate ...”

There were outstanding invoices for a period of six months, from July 2024 to January 2024, which were not processed.

“I discovered that, indeed, there were outstanding invoices for a period of six months which were not processed, starting from July 2024 to January 2024”

On 4 March 2024, Sergeant Nkosi called Deputy Chief Dlamini and indicated he was with the CFO, requesting to speak to him; the CFO indicated Mr Mphefu was not getting help from the department with non-payment of invoices and requested assistance.

“On the 4th of March 024, I received a call from Sergeant Nkosi indicating that he was with the CFO and he requested to speak to me. I then spoke to the CFO who indicated that Mr Mphefu is not getting help from the department with non-payment of invoices, that I should assist in resolving the”

Director Malatji explained that within the department there are different stages of involvement, and at a certain stage he is not involved irrespective of whether the issue affects him; he relies on superiors to inform him of issues pertaining to the bid.

“At a certain stage, I do not get involved, irrespective of whether the issue they are discussing at top management ... such a thing never took place, hence I was never informed.”

Director Malatji said that his office, together with the department, allocated the ad hoc services to Gubis and that Gubis came to him because they were not winning contracts with the department and were not being paid by the CFO's office as promised.

“It was my office with the department that allocated ad hoc services to Gubis... they were not winning with the department... not getting what they hoped to get in the office of the CFO...”

The APSS division manages about 5000 people with multiple roles, including Deputy Chief Training and Innovation, Chief of Staff, and coordination of grievances and arbitration matters.

“I have a full-time job position as the Deputy Chief Training and Innovation... I have got another full-time job as the Chief of Staff... I have got a part-time job in coordinating Step grievances and arbitration matters... In a department of about 5000 people...”

Commissioner Bolhuis claims elements within the city and department use system processes as mechanisms for corruption and wrongdoing, while they themselves were decent and loyal officials used unfairly.

“There are elements within the city and in our department that use the processes and things in place. They use that as a mechanism for their corruption and for their ill-doings. We were used as decent, law-abiding, loyal officials... We were used because it happened under our nose. And it is shameful.”

Inspector Phiri failed to give a statement despite instructions; his direct supervisor also failed to get him to report, leading to disciplinary steps and consequence management being introduced.

“His direct supervisor has been given instructions that he must report Monday morning past 10 o'clock at the office . He has failed to do so . So disciplinary steps and consequence management is being introduced again for that as well . So , we are trying to get hold of him , but we are starting with consequence management , not us , but the department and his regional divisional head .”