Emails discuss a budget and fund transfer for watchman services involving a complaint lodged with the office of the CFO and executive meetings with senior city officials including the Chief of Police, COO, and CFO.
“a budget and fund transfer for Watchmen Services 91 million... based on these emails that at some point after a complaint was lodged with the office of the CFO, there were executive meetings arranged and held. These executive meetings included office of the Chief of Police, the COO, the CFO, and others...”
Deputy Chief Dhlamini indicated that Nico was helping with the Mpumalanga tender and had been dealing with the documents and issues involved.
“As it was indicated, SC, that Nico was helping them with the tender of Mpumalanga. As much as I forwarded those messages to him, with those notes from Nico, when he sent to say it was sent on Tuesday, let me check now - now, because I sent him to say these are letters that Nico sent. I mean, they already have them, they dealt with them.”
Deputy Chief Dhlamini raised Sergeant Nkosi and took interest in him since 1997, indicating a longstanding relationship where Sergeant Nkosi asks for his intervention and assistance.
“I raised Nkosi. I took interest from him since 1997 when he started working at the yard. So he will continuously sometimes ask for me to intervene and assist.”
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.
Deputy Chief Dhlamini denied acting as a conduit between Ngaphesheya and Nico or between Sergeant Nkosi and Ngaphesheya, despite forwarding information between them.
“I am not a conduit. I indicated that I had a relationship with Sergeant Nkosi that back dates some years back.”
Deputy Chief Dhlamini denies being merely a conduit between Nicocou and Sergeant Nkosi and maintains having different levels of relationship with both individuals.
“I still do not agree, Commissioner. We maintain different levels of relationship with both people that I maintain with Sergeant Nkosi and Nico. So someone would prefer to speak to me to either engage someone. So I do not think I am a conduit, Commissioner.”
Deputy Chief Dhlamini states he intervenes only if there is a misunderstanding between Sergeant Nkosi and others, otherwise he mainly communicates messages between them.
“I will intervene if there is misunderstanding. Sergeant Nkosi will request me to say perhaps intervene, then I will intervene in that instance or ...”
Deputy Chief Dhlamini confirms that for the most part he was merely passing information between Sergeant Nkosi and Nicocou, but disputes being a conduit.
Deputy Chief Dhlamini says he assists Sergeant Nkosi because he is his role model and they have a relationship of trust.
“In any life situation, SC, you will sometimes become a role model to other people. They will put their trust in you. So you would not dismiss someone that you feel, I mean, you can assist.”
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.
Deputy Chief Dhlamini denies he assisted Bheki with this tender, despite being suggested he should be able to answer questions about it as he is assisting Bheki.
“I was not helping him, Commissioner, with this tender”
On 25 March 2025, Deputy Chief Dhlamini sent a draft admin report, not a BEC report, to Sergeant Nkosi on a tender related matter because the official City of Tshwane website was off and a list of bidders was requested instead.
“Sergeant Nkosi requested me to send him a list of companies on that day and I requested my office to download it for me on the web. Unfortunately, the website was off for the City of Tshwane... They provided them with this draft admin report. It is not a BEC report, SC. It is a draft report that they are preparing, a close out report that they usually put on the website. So it is not a BEC report”
The draft admin report sent by Deputy Chief Dhlamini was a working document prepared by admin staff to assist the BEC and was not publicly accessible at the time because the City of Tshwane website was off.
“It is a draft administrative report... they need a close out report of all the bidders... It is a working document... the website was off when they already loaded this document on the web”
Deputy Chief Dhlamini admits that the draft admin report is not a BEC report, and it contains the same information that would be available on the website once it is operational again; it was provided because the website was offline.
“It is not a confidential document. It is not a BEC report... the website was off. Then they requested the report, the close out report that they were provided with this draft admin report because it contains the same information that was going to be accessed on there”
Deputy Chief Dhlamini denies discussing procurement matters related to the City of Tshwane with Sergeant Nkosi and says he merely provided administrative records relating to bids and pricing that are publicly available documents.
“Sergeant Nkosi requested assistance with a list of bidders. We did not have any discussions on procurement matters. I have shared the two documents with him, which are administrative records (closing reports) relating to bids and their pricing, which are available public documents”
The format of the materials provided was such that they knew it was already in the system, implying the information content did not change despite access issues on a particular day.
“The form of that one that was provided is that, I mean, it was, they knew that it is already in the system. We could not access the system on that particular day. So it does not change the content of that information.”
On 5 March, the tender document was already loaded on the system (the website), which closed on 12 August, and the information contained in the draft would be on the system despite the draft status.
“On the 5th of March, Commissioner, I indicated to say this document was already loaded on the system. It closed on the 12th of August, this tender. It was already available in the system. The issue was access to the system ... but the information contained will be there on the system.”
The website was off/down when Deputy Chief Dhlamini wanted to get the bid register which contained the draft report, so his office had to request the bid register instead.
“Their website was off, SC. ... They could not get it off the website or from the person who had created it. ... I requested my office to request for a bidders register.”
The document starting at page 511 was not available on the website and was not public, however the same information about company names and pricing was already on the website but not in the exact document format starting at 511.
“The document that starts at 511 was not available on the website, was not available to the public. ... The document that was already loaded on the website ... is the same, the names of companies with their pricing and everything ... Not the document as it is.”
Deputy Chief Dhlamini chose to give Sergeant Nkosi the draft report, although this was not a public document and Sergeant Nkosi had not requested this version.
“You chose to give him a document that is not a public document and that he hadn't requested for your version.”
Deputy Chief Dhlamini believes there was no harm in giving Sergeant Nkosi the draft report because it was the same information already loaded on the website and not confidential.
“I gave it to him because that is what he requested. And I saw no harm because the same information, it is not a confidential information, it is information that is already loaded on the website.”
Deputy Chief Dhlamini acknowledges that Sergeant Nkosi had a direct line to him and that he also had a line to the procurement department to get the draft report.
“Sergeant Nkosi had a line to you, and you had a line to the procurement department to get the draft report”
Deputy Chief Dhlamini admits that he provided the bid register document to Sergeant Nkosi but denies that Nkosi was receiving any special favour, claiming the information was public.
“That is what transpired, but it is not like he was getting any favour”
Deputy Chief Dhlamini claims he is not sure which other bidders could have requested the bid register information if the website was down and the procurement office was not able to locate it.
“I am not sure who else could have asked the information I believe they were going to provide to him”
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.
Advocate Baloyi accuses Deputy Chief Dhlamini of improperly inserting himself into an ongoing procurement process by providing non-public tender information to Sergeant Nkosi instead of referring him to the designated SCM contact.
“Why did you not say to Sergeant Nkosi, here is the person, speak to them?”
Deputy Chief Dhlamini claims that the information he shared with Sergeant Nkosi was already publicly available on the City of Tshwane website, despite Advocate Baloyi's assertion that the document was not publicly available.
“the information I shared was already a public information in the website”
Advocate Baloyi refutes Deputy Chief Dhlamini's claim that the bid register document at page 511 was publicly available, asserting it was an internal City of Tshwane document not available to the public and that Deputy Chief Dhlamini shared this document with Sergeant Nkosi.
“you went into the system and got a City of Tshwane document that you agree was not available to the public”
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”
Deputy Chief Dhlamini denies that the tender pursuant to which current service providers were appointed dates to the previous decade, claiming it is from financial years 2021/2022 or 2022/2023.
The service specifications for the security tender were drawn up at the very latest in 2016 and may not have changed significantly over the following years.
“The specificati... were drawn up at the very latest in 2016 ... I think the portfolio of the assets might have changed but the specifications might remain. I mean, you will find the current tender that was advertised, when you look at it with the previous one, you might find the specifications being the same.”
Outstanding payments owed to three service providers for security services were unpaid for about six months as of March/April 2025, prompting the CFO to seek intervention.
“The CFO spoke to me about outstanding payments ... owed to three service providers for a period of six months or so ... He requested my intervention to go and investigate and assist ... On the 5th of April ... there were outstanding payments ... The CFO indicated that they were threatening to go to court, and he requested my intervention in that regard.”
There is a fixed rate for ad hoc security services applied when user departments request guards, which must be authorised by checking the general ledger and issuing purchase orders.
“For these sorts of ad hoc services ... you know what the contract with these service providers says in relation to rates ... You have a fixed rate that you apply when you use that service provider ... you look at the general ledger to see if there is money ... You authorise the deployment of the guards and you issue a purchase order.”
The payment process involves verifying that the work was done according to the purchase order, then authorising payment based on the invoice issued after the work is completed.
“Once you have the purchase order in place ... you check whether the work was in fact done. ... If the work was in fact done, you then authorise payment in accordance with the purchase order that was issued at the start of the process.”
Outstanding payments to security service providers occurred because certification of deployment and budget tracking only happened quarterly and the DCP Police only became aware of the issue late.
“The question of deployment of guards ... it falls precisely under APS ... it was overseen by DC Police. ... They allowed service providers to continue for six months. DC Police says it just happened under his nose. There is coaching every quarter with the directors where you check your budget. ... He could not pick it up the first quarter, he could not pick it up the second quarter ... They sign off invoices, certify them that services have been rendered.”
Invoices must be certified by the relevant department before payment is processed, including ensuring contract existence and service level agreements are in place.
“The section concerns must certify services as rendered... Accounts payables' duty is to ensure that there is an invoice, the invoice is in order, there is an SLA in place ... the contract, its existence”
Deputy Chief Dhlamini accepts responsibility lapses in the section concerned, with Director Malatji being responsible for oversight of invoicing processes, but no one was held accountable for the delayed payments.
“I take the section concern, I think Director Malatji because he was overseeing these services... No one was held accountable”
Invoices from service provider Gubis must be certified by APSS for services rendered and signed off before payment.
“If Gubis ... issues an invoice ... it goes to APSS ... They must certify that services have been rendered ... It must come either ... with those penalty clause being indicated to say they were penalised”
If the contract ends, no more invoices can be accrued and paid after that date; processing invoices requires an active contract.
“the last invoice, the contract, if it ends February, that will be the last invoice that will be accrued and be paid. So if there is no longer a contract in place, you will no longer be able to process those invoices because there is no contract in place”
Deputy Chief Dhlamini communicated with the CFO through Sergeant Nkosi, who was made an extension to act as an intermediary by the CFO.
“The CFO saw it fit that he must use Sergeant Nkosi to communicate with me. He made Sergeant Nkosi his extension to communicate with me. I was responding to the CFO through Sergeant Nkosi.”
The Deputy Chief accepts it should not have happened that payment issue resolution involved Sergeant Nkosi, implying it was incorrect for the CFO to involve a member of the public in such matters.
The Deputy Chief considers it incorrect for the CFO to have involved Sergeant Nkosi from the start of the payment issue matter but rejects the term 'improper' for this involvement.
“I would not use the improper, Commissioner. I will say it was incorrect maybe for the CFO to have involved Sergeant Nkosi from the onset on this matter.”
On 23 March, Deputy Chief Dhlamini communicated with Sergeant Nkosi about arranging a meeting to get clarity on a matter involving Gubis and to check with the CFO on advice.
“Afternoon, Captain. ... Cain called me on Friday and asked if Gubis want to meet up with me on Saturday. I then pushed the meeting to Monday ... Please check with him on this and his advice, if I should go or drop them ...”
Deputy Chief Dhlamini decided not to meet directly with Gubis until receiving the CFO's attitude on claims for outstanding payment.
“And you would not meet with Gubis because you wanted first to speak to the CFO to find out what his attitude was to a claim from Gubis for outstanding payments?”
Calvin Mahlangu, director of Gubis, had called the CFO on 4 March about unpaid invoices, and Deputy Chief Dhlamini was aware of this before his intervention on 5 and 6 March.
“I am saying that is what the CFO indicated to me on the 4th of March when he was requesting my intervention.”
Deputy Chief Dhlamini chose to communicate with the CFO only through Sergeant Nkosi due to the existing relationship and protocol, refusing to ask the CFO directly for contact details.
“I know he has a relationship with the CFO and when he called me, he used Sergeant Nkosi ... The CFO never asked for my contact numbers ... And he is senior to me, I would not just go and ask for his contacts.”
Deputy Chief Dhlamini confirmed that he and the CFO are brothers and talk frequently, supporting his belief that communication via Sergeant Nkosi was an effective channel.
“I know that they are brothers. They talk frequently.”
Deputy Chief Dhlamini criticized Calvin Mahlangu's initial approach to speak directly to the CFO instead of maintaining a single communication line, which he believes should be kept consistent.
“The initial approach of Mr Mahlangu was to speak to the CFO. So, I find it amazing that why would he drop the ball to the lower level and now want to engage with me on such matters.”
Deputy Chief Dhlamini explained that by 'centre should be one' he meant that communication lines should remain the same and consistent throughout the process.
“When I said the centre should be one, it means communication lines. They should maintain the same communication lines that they have started.”
There is a prescribed internal procedure to first approach Director Malatji for issues related to payment, before escalating to the Director of Finance or to Deputy Chief Dhlamini and the Chief.
“the correct procedure is to go to Director Malatji”
Deputy Chief Dhlamini shared a confidential invoice document from Gubis with Sergeant Nkosi, despite the CFO stating he did not share it and claiming confidentiality.
“because it was you who shared this invoice with Sergeant Nkosi”
Deputy Chief Dhlamini did not consider it appropriate that the CFO made Sergeant Nkosi his extension, clarifying that he was communicating with the CFO through Sergeant Nkosi and providing feedback that way.
“I did not consider it appropriate as I indicated that CFO made Sergeant Nkosi his extension. He was communicating with me through Sergeant Nkosi, and I was providing feedback to the CFO through Sergeant Nkosi.”
Deputy Chief Dhlamini confirmed he contracted Sergeant Nkosi to negotiate prices on his behalf, explaining it as a service contract similar to selling a car through a negotiator.
“I believe if there are a buyer and a seller, I am selling a car, I contract someone to negotiate for me the price with the buyer. I have contracted the services of that person and that is exactly what transpired in this instance.”
Deputy Chief Dhlamini met with representatives from Gubis, including Mr Mahlangu and Mr Andrew Kgwadi, to discuss the issue of an outstanding invoice.
“It was Mr Mahlangu and Mr Andrew something. ... I think it is in the email, SC. I am not sure what is his surname. Is it Kgwadi or something like that? Mr Andrew Kgwadi.”
Deputy Chief Dhlamini explained that the outstanding invoice related to the 23-24 financial year and was never accrued at the end of that financial year, requiring a post-factor report generated by the section APSS.
“I explained to them since this invoice relates to the 23-24 financial year, it was never accrued accordingly at the end of financial year. There should be a post-factor report which must be generated by the section. ... That is Director Malatji's section.”
Deputy Chief Dhlamini communicated via Sergeant Nkosi to the CFO regarding a meeting with Cain and others, instructing that they should go back to KuMfowethu as he is the only gateway and no back door should be used.
“I had a meeting with Cain and those guys today as I indicated. I told them that they should go back where they have started kuMfowethu. I said to them he is the only gateway. They cannot go with a back door. I will only be able to assist if I get an indication from kuMfowethu. Protocol must be observed at all costs.”
Deputy Chief Dhlamini told the representatives that the payment process must go through APSS and Director Malatji who will take them through finance for processing and payment, but he refused to be on board to work directly with them.
“I told them the process that they should work through the APSS. Director Malatji, he will take them through to finance for processing and payment. But they prefer to say I should be on board, I meant to work with them and I refused.”
Deputy Chief Dhlamini explained to the representatives that for future payments, there is a process to follow involving purchase orders, invoice issuance, department authorization and payment, and he cannot be part of direct communication on payments.
“I explained to them what is the process and so forth and what was my intervention all about and it ended there. The process I have outlined to them to say we have a process that should be followed accordingly, and I cannot be able to be - they communicate with me either direct on these processes of payments and so forth.”
Deputy Chief Dhlamini said if the representatives have challenges, they can go back to the CFO, but emphasized the proper process must be followed for payments.
“I said if they have challenges, they can go back to the CFO.”
Deputy Chief Dhlamini stated that if payment has not been authorized by his department, it is either Director Malatji has not sent an invoice or the work has not been done.
“If your department has not authorised payment, one of two things has happened. Either Director Malatji has not sent you an invoice. Or Director Malatji has said to you this work was not done.”
Deputy Chief Dhlamini said it would not be appropriate for the CFO to deal with payments directly in cases where the invoice has not been authorized or the work has not been done, explaining he is not part of such communication and the process must be followed.
“They wanted to draw me on board in terms of communicating with them on future payments and so forth. And of which I said I cannot be part, there is a process that I have outlined like the question of the post-facto payment report. There is a process outlined and they should follow it. I will be able to get indication from the Director of Finance if there are outstanding payments and invoices and if processes have been fully complied with, definitely in that instance I will be able to intervene as I usually intervene in various cases. I did not want to deal with them as an entity apart from the entire service providers.”
Deputy Chief Dhlamini stated that the payment discussions he referred to with the representatives were historical regarding an old invoice, not future payments, and any future problems should be dealt through normal procedures with the CFO as the gateway.
“Much as I indicated, that is where they have started in this process of this payment. And I helped because I intervened as the CFO requested and also there were emails coming from the Department of Outstanding Payments, from the Chief's Office and so forth. ... So, you are directing them straight to the CFO to solve the problem. ... So, you are not talking about future invoices if there are issues? ... So, you are talking about something historical here.”
There was an outstanding payment issue explained to the entities, who did not find joy going to Malatji for resolution, and were advised to come directly to Deputy Chief Dhlamini if they experienced challenges in the future, but they insisted on resolving it through Malatji or the CFO.
“There were two aspects, Commissioner. The outstanding payment I explained to them, and they did not find joy going to Malatji... They will address it with Malatji or if they feel the CFO will deal with it, they will have to go back to him.”
Deputy Chief Dhlamini confirmed he told the entities to return to the CFO for resolution after explaining the process to them, indicating there is no shortcut to the payment process.
“Yes... I said to them, go back to the CFO... Correct.”
Deputy Chief Dhlamini stated he used the words 'he is the only gateway' to indicate that the entities must go back to where they started KuMfowethu and cannot use a backdoor, and that he will only assist if he gets an indication from KuMfowethu.
“I said to them, he is the only gateway. They must go back where they started KuMfowethu... They cannot go with a back door. I will only be able to assist if I get an indication from KuMfowethu.”
Deputy Chief Dhlamini said he was not comfortable working directly with the entities to establish a direct working relationship, preferring that they start with the CFO and that he does not want to owe any person any favour or be involved in direct payment matters.
“I am a free runner... I do not want to owe any person any favour or anything... I cannot be communicating with them direct on matters of payments. There are people within the section who deal with that.”
Deputy Chief Dhlamini communicated that if he receives a future request from the CFO regarding payment issues, he might assist, but no request should come directly from the entities to him.
“If I get a request maybe in future from the CFO I might assist them... No request coming direct from them to me.”
Deputy Chief Dhlamini explained to the entities that the established payment process must be followed and that he only intervenes if he receives instruction from the Chief of Police that companies were not paid appropriately.
“I explained that the process to them of future invoices, how they should be followed... If I get a request from the Chief of Police to say these companies were not paid to intervene, I will intervene like any other companies I intervene on.”
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 WhatsApp chat shows a discussion involving Sergeant Nkosi, the CFO, and Deputy Chief Dhlamini about lists of seven companies either for compliance checking or tender award rigging related to TMPD1.
“Sergeant Nkosi had forwarded to the CFO your message saying: “These are the vehicles for land to be given ku Mfowethu in order of priority and you had listed seven names. We discussed that on Friday.” And at the bottom of the screenshot, the CFO had responded to that specific message about the seven companies in order of priority saying: “This is ours Mfowethu, this is the final list, right. Yes, it is our final list.””
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.”
Deputy Chief Dhlamini admits that communication with Sergeant Nkosi was by cell phone calls but not on WhatsApp voice or messages during a key time window on 25 March.
“We spoke, SC. It might have been in a straight call, but we spoke. ... You said: “We spoke on a cell phone call.””
Deputy Chief Dhlamini acknowledges there was no WhatsApp voice call between him and Sergeant Nkosi between 08:02 and 09:30 on 25 March as per cellular records, and accepts this if found to be false.
“If we do that and find no call then this version is false. ... I will accept.”
No cell phone call record exists between Deputy Chief Dhlamini and Sergeant Nkosi between 08:02 and 09:30 on 25 March, contradicting earlier claim of such communication.
“There is no call between you and Sergeant Nkosi between 08:02 pm and 09:30 pm on 25 March. It does not exist.”
Legal counsel asserts the communication between Deputy Chief Dhlamini, Sergeant Nkosi, and the CFO regarding vehicles for land was about prioritising companies for corrupt tender rigging, excluding Gubis who was anxious to be included and ultimately succeeded.
“What your communications with Sergeant Nkosi and the CFO in relation to vehicles for land in order of priority was about was actually about which companies were going to be given priority for the tender to be rigged in their favour. And Gubis was not on that list. And that why Gubis was so anxious to speak to you and then to the CFO was because Gubis wanted to be on that list. And somehow Gubis managed to find its way into the final award of the tender.”
Advocate Baloyi suggests that the parties knew of Deputy Chief Dhlamini's contact with the CFO and Sergeant Nkosi and that this was why they engaged with him about being awarded the tender.
“I want to suggest that as a possible explanation, that it is because they knew of your proximity through Sergeant Nkosi and your dealings through Sergeant Nkosi with the CFO, and they would have had those engagements with you about being awarded the tender on that basis”
Sergeant Nkosi sent Deputy Chief Dhlamini a termination letter from Deputy Chief Spiester regarding Gubi's termination of services at various Tshwane sites.
“Sergeant Nkosi sent to you a document called “Termination Letter CO T adhoc” and the letter that that document was is a letter from Deputy Chief Spiester terminating the provision of services by Gubi at a range of sites in Tshwane.”
Deputy Chief Dhlamini confirms Sergeant Nkosi forwarded the termination letter to him on the instruction of the CFO to note the termination and discuss it.
“Sergeant Nkosi forwarded this letter to me to say the CFO said I should take note of this termination, he will discuss it with me.”
Deputy Chief Dhlamini and the CFO later discussed the termination letter; the CFO may have called Dhlamini after requesting numbers from Sergeant Nkosi.
“Later on, yes, we did discuss. I think I am not sure if he called me because I think he requested the numbers from Sergeant Nkosi and called me around this.”
Deputy Chief Dhlamini states the discussion with the CFO was about year-end financial matters to ensure accrual of invoices so no outstanding invoices remain unpaid in the City's financial statements.
“It was around year-end, financial year regarding to ensure that we accrue accordingly the invoices of the previous financial years so that we do not sit without standing invoices which were not accrued accordingly in the financial statements of the City.”
Deputy Chief Dhlamini states the termination letter was relevant to ensure recognition that services were terminated and no more invoices should be submitted beyond June for accrual purposes.
“To take note to say the services have been terminated, we need to ensure that there is a MOPA plan in terms of ensuring that there are no outstanding invoices.”
Deputy Chief Dhlamini agreed it was urgent to ensure that service providers submit their June invoices early for financial year-end accrual purposes.
“Yes, I can say so. Remember that end of financial year people need to ensure that actually we request service providers to submit invoices for June earlier so that we are able to ensure that they are being accrued accordingly.”
Deputy Chief Dhlamini states the CFO wanted to emphasize that the termination would mean the last invoice for June and no further invoices thereafter would be accepted.
“Yes, SC, he wanted to see, for me to note that this will be the last invoice for June and there should not be any other. I should be able to also monitor, follow up this process.”
Deputy Chief Dhlamini states if invoices come after June rendered services, it is uncertain if they should be paid because the agreement had been terminated.
“If the invoices have rendered services, then it comes after June or services were not rendered they bring an invoice, I am not sure.”
Deputy Chief Dhlamini states there was urgency to ensure invoices were accrued properly as per the MOPA plan to avoid outstanding payments in the new financial year.
“As I indicate earlier on to say he said I need to ensure that invoices get accrued accordingly. There is a MOPA plan in terms of the ad hoc services that we do not see ourselves having outstanding payments in the new financial year.”
Deputy Chief Dhlamini confirms the problem of ensuring accrual of invoices at financial year-end exists for all contracts whether terminated or continuing.
Deputy Chief Dhlamini stated that the termination was not about the termination letter itself but about ad hoc services rendered and ensuring accrual of every invoice for proper financial year closure.
“I t i s n o t a b o u t t h e t e r m i n a t i o n , i t i s a b o u t s e r v i c e s t h a t w e r e r e n d e r e d u n d e r a d h o c s e r v i c e s a n d s o f o r t h . S o h e w a s j u s t i n d i c a t i n g t o s a y t h i s h a s b e e n t e r m i n a t e d , l e t u s e n s u r e t h a t w e a c c r u e e v e r y i n v o i c e s , w e e n s u r e t h a t I m e a n w e c h o s e t h e f i n a n c i a l y e a r p r o p e r l y”
Deputy Chief Dhlamini explained that payments for Gubisana increased from 1.8 million to 14 million between six months and February related to additional ad hoc services procured from January.
“we were paying Gubisana amount of , it is 1 . 8 or some thing , million when it has inclusive of VAT per month . Come January , adhoc increased just for Gubis to 14 million in February , when I picked it up in March ... this was in relation to those additional services that were procured since January ... which escalate the adhoc services .”
Deputy Chief Dhlamini affirmed there was urgency created related to accrual of invoices, but not specifically from the termination letter alone.
“There was . Yes , much as I am saying we do not need to look at the termination in isolation of the subject matter that he was talking about . He was emphasizing the issue of invoices , SC .”
Deputy Chief Dhlamini received a screenshot from Sergeant Nkosi stating he was rushing to attend to an incident due to his wife being hospitalized, which led to rescheduling appointments.
“Sergeant Nkosi sent me this screenshot . Then I write to him to say , I thought you told him that your wife is in hospital and you had to rush there and reschedule our appointment . That is what he told me to say , he is rescheduling our appointment because he is rushing to hospital .”
Deputy Chief Dhlamini stated he was supposed to view a venue with Sergeant Nkosi at Hartbeespoort Dam, but the appointment was rescheduled because Sergeant Nkosi's wife was hospitalized.
“we were supposed either to view that venue because we wanted to use it for a couple 's seminar in our DPS and his wife was also sick ... he rescheduled our appointment because he wanted to rush to the hospital .”
Deputy Chief Dhlamini confirmed Ngôato is the attorney (not a standard advocate) associated with Sergeant Nkosi who sent the message about rescheduling due to his wife in hospital.
“It is Sergeant Nkosi ' s advocate ... It is in fact this attorney , not his advocate . Mr Ngoato who has the place at ... Hartbeespoort Dam .”
Deputy Chief Dhlamini states that Sergeant Nkosi postponed their joint appointment saying his wife was in hospital and he must go visit him, but later messages show he is attending to something else and has cancelled the viewing.
“S o w e w e r e s u p p o s e d t o g o t h e r e a n d m a k e a r r a n g e m e n t s f o r a c o u p l e s ' s e m i n a r . H e p o s t p o n e d m e a n d s a y s w e c a n n o t g o t h e r b e c a u s e m y w i f e i s i n h o s p i t a l , I m u s t g o a n d v i s i t h i m . S o I a m s u r p r i s e d t o s a y , b u t y o u a r e t a k i n g o t h e r c o m m i t m e n t s .”
Advocate Baloyi points out that Sergeant Nkosi's WhatsApp messages do not mention he is at another job or scene, and thus questions Deputy Chief Dhlamini's inference that Nkosi was attending elsewhere.
“O k a y , b u t t h i s s c r e e n p a g e t h a t S e r g e a n t N k o s i s e n d s t o y o u , i t d o e s n o t s a y h e i s a t a n o t h e r j o b . T h e r e i s n o a c c o m p a n y i n g m e s s a g e t h a t t e l l s y o u t h a t S e r g e a n t N k o s i i s i n f a c t a t a n o t h e r s c e n e . W h e r e d o y o u d r a w t h a t f r o m , t h a t h e h a s g o n e s o m e w h e r e e l s e i n s t e a d o f g o i n g w i t h y o u t o g o a n d s e e t h e v e n u e ?”
Deputy Chief Dhlamini indicates he was shown WhatsApp chat messages by Sergeant Nkosi that initially said he postponed the appointment but later indicated he was attending to something else that caused cancellation.
“A s m u c h a s I a m s a y i n g t h i s c h a t h e w a s s h o w i n g m e t o s a y h e p o s t p o n e d m e e a r l i e r o n , b u t h e i s n o w s h o w i n g m e t o s a y h e i s a t t e n d i n g t o s o m e t h i n g e l s e .”
Deputy Chief Dhlamini received a series of application receipts from Sergeant Nkosi related to trainees in the TMPD, indicating many applications received from various sources hoping for employment in the City.
“t o s a y t h e a p p l i c a t i o n r e c e i p t s t h a t S e r g e a n t N k o s i h a v e s e n t m e , I r e c e i v e d q u i t e a l o t o f t h e m f r o m v a r i o u s p e o p l e , f a m i l y , c o l l e a g u e s , f r i e n d s , a n d s o f o r t h , t o s a y , p e r h a p s , c a n y o u a s s i s t w i t h t h i s , w i t h t h e h o p e o f s e c u r i n g e m p l o y m e n t i n t h e C i t y . S o I r e c e i v e d q u i t e a l o t o f t h e m .”
The Metro Police Department shows wrongdoing in recruitment processes, characterized by arrogance or collusion between the department and a key accounts specialist, and Deputy Chief Dhlamini emphasizes this is a repeated issue.
“W h a t I s t a t e d h e r e a b o v e i s a n i n d i c a t i o n t h a t t h e M e t r o P o l i c e D e p a r t m e n t i s h e l l - b e n t o n c o n t i n u i n g t o c o n d u c t w r o n g d o i n g s o n a r e p e a t e d b a s i s w h e n c o m i n g t o r e c r u i t m e n t . O n e c a n c o n c l u d e t h a t i t i s e i t h e r a r r o g a n c e b y t h e d e p a r t m e n t o r t h e k e y a c c o u n t s p e c i a l i s t , a n d o r b o t h c o n n i v i n g a n d e n j o y i n g t h e s a m e a r r o g a n c e .”
Positions such as cashier and administrative officer referenced in documents at pages 540 and 542 were within the Tshwane Metro Police Department.
“The first receipt at 540 is for a position of cashier. Is that a position within the TMPD? The position was within the TMPD. The second application at 542, administrative officer, is that also at TMPD? The position was within the TMPD.”
Deputy Chief Dhlamini frequently receives inquiries from the public about recruitment adverts, assists with confirming genuine adverts, and provides information throughout the recruitment processes to those inquiring.
“I get inquiries from members of the public, either communities to say is it perhaps a bogus advert or not, confirm if this is a real advert whatever the case might be... I give them information.”
Deputy Chief Dhlamini receives numerous inquiries from people desperate for employment, including those not for department positions but because they hope his City position might influence outcomes.
“People are desperate. They go all out. Even if it is not positions in the department, for the mere fact that you work in the City, people think you might have a way and so forth... you will receive quite a number of them.”
Deputy Chief Dhlamini explained to Sergeant Nkosi and others that applicants must be able to run 2.5 km, do obstacle crossing, and pass all steps to qualify as Metro Police Officers.
“I do explain, SC, to a lot of them, even to him, to say if they want to be Metro Police Officers, they need to be able to be fit, be in a position to run 2.5, do obstacle crossing and so forth, and pass all the steps.”
Deputy Chief Dhlamini explained to Sergeant Nkosi that he could not ease the application process or help anyone get appointed outside the required procedures.
“I did, and much as you will ... I do explain. It is not only to him but to a number of people, and they will continue persuading with the view that perhaps one might help ... train your kids to be responsible. If they say these are the requirements, let them follow them.”
Deputy Chief Dhlamini explained to Sergeant Nkosi that no plan could be made to favor certain applicants; they must all follow the entire process and be successful through evaluations to be called for interviews.
“I did, to say he need to ensure that he is able to go through the entire process ... the evaluations, if he is successful, then they will be able to call her for interviews.”
Deputy Chief Dhlamini clarified he does not play a controlling role in the appointment process; the panel is appointed by DC Bolhuis, Nadia, and the Chief, and he can only assist with inquiries.
“I do not appoint the panel, it is appointed by DC Bolhuis, Nadia and the Chief. I can only assist with enquiries.”
Deputy Chief Dhlamini stated he does not create any impression he might find a way to assist applicants and tells everyone, including close family and friends, to follow due processes.
“I do not create any impression, SC. Even from my close friends or close family members, I tell them to say, if you want an opportunity, you need to follow the due processes.”
Deputy Chief Dhlamini received private photographs related to arrests, including one of General Khumalo, but did not know where Sergeant Nkosi got them or why he sent them.
“He just said there was an arrest of the, I mean General Khumalo and so forth ... Much as I am saying he was just sharing with me to say there was this arrest ... I am not aware where he got it ... I never took interest.”
Sergeant Nkosi shared names and case numbers of people arrested, including General Khabela, Brigadier Madondo, and General Khumalo, but Deputy Chief Dhlamini did not know who these people were or why the diary was shared with him.
“This is not just a sharing of what is on social media. He gives you names of people that have been arrested ... General Khabela... Brigadier Madondo... General Khumalo... I do not know who Kabela is... I knew who Madondo is... I knew who Khumalo is... You have just said you know nothing about this.”
Sergeant Nkosi woke up Deputy Chief Dhlamini and shared information concerning SAPS arrests and details, including people's names, case numbers, and OB numbers, despite Dhlamini's claim of having no interest in SAPS matters at that time.
“Sergeant Nkosi woke up one morning on a topic that you have absolutely no interest in, decided to share with you information about who has been arrested, the names, that you say I actually have no interest in that.”
Deputy Chief Dhlamini sent a WhatsApp message on 12 July 2025 to Sergeant Nkosi referencing the capture of CFO Mr Mnisi and advising to gear oneself to do so forever.
“On the 12th of July 2025, at chat 3, you send a WhatsApp to Sergeant Nkosi that reads as follows: 'Morning, Captain... UMfowethu is the best person to be with, uJudawethu who will do great things for us compared to uBabawakhoongasekho.'”
Deputy Chief Dhlamini clarified that the WhatsApp message was sent as a reply to a picture he had tapped on and not purely his own words.
“I think we are reading this message not taking into consideration that I tapped on a picture there, SC. It is not like I wrote this message purely, so there was a picture that I was tapping on when I wrote this message.”
The 'capture' referred to by Deputy Chief Dhlamini means attracting the attention of the CFO, not a formal thesis or communication.
“Capture signifies here, SC, the attention here. ... It is not like you are writing a formal thesis or whatever that need, I mean we are communicating on WhatsApp groups and so forth ...”
The Deputy Chief explained that the WhatsApp message saying 'I can see ukuba, you have captured uMfowethu and he would not want you to leave him' means that the CFO wants to stay close to Sergeant Nkosi and not leave him.
“I was referring ... to the attention with regard which I think he has taken the attention of the CFO and he would not want to, I meant to be far from him. ... That is correct. ... Captures signifies here, SC, the attention here.”
Deputy Chief Dhlamini believes Sergeant Nkosi seems very happy and peaceful and should be prepared to stay with them forever based on his own analysis, not from explicit statements by the CFO.
“he seems very happy next to Sergeant Nkosi and this is what I have explained”
Deputy Chief Dhlamini states he has a unique way of analyzing the situation and based on that feels Sergeant Nkosi will want to stay forever.
“I have my own way of, I meant the tools of analysis and I think, I would not think alike any other person ... I will be able to reduce what I see the way I see it”
Deputy Chief Dhlamini considers Sergeant Nkosi the best person and expects him to do great things for the group, though 'great things' refers to nurturing and advice rather than material achievements.
“When I say great things ... it is not like uBabawakho ngasekho ... great things will come in many forms ... taking interest in a particular person's welfare ... check him with his wife ...”
Deputy Chief Dhlamini describes Sergeant Nkosi as like a brother to him and the support given by the CFO to Sergeant Nkosi is akin to what a father would do for a child.
“I indicated that Sergeant Nkosi it is like a brother to me ... So when we talk, I cannot say he will do great things for you ... I am happy for you because there you are having a father who can look after you ...”
Deputy Chief Dhlamini claims the CFO will provide mental wellness, guidance and support to Sergeant Nkosi although they have only met at formal municipal meetings and have no personal relationship.
“He will provide guidance also ... You have absolutely no personal relationship with him ... You know that the CFO will support Sergeant Nkosi ...”
Adv Baloyi accuses Deputy Chief Dhlamini of being dishonest about the content and meaning of a WhatsApp message implying that the CFO will take over roles previously performed for Sergeant Nkosi's father.
“You are not being honest about the content of this WhatsApp ... The CFO will take over what Sergeant Nkosi's father used to do ... You are not being open ...”
Deputy Chief Dhlamini refers to pictures and videos sent to him that recalled a previous incident back in 2010 involving the CFO.
“I was referring to pictures that were sent to me and the videos I have seen and it made me to recall the previous incident what transpired back in 2010”
There was no WhatsApp communication between Deputy Chief Dhlamini and Sergeant Nkosi between 8:02 pm and 9:03 pm on 25 March, when some critical messages were sent.
“there is no WhatsApp communication between you and Sergeant Nkosi between 8:02 pm and 9:03 pm”
Deputy Chief Dhlamini states he needs to verify whether there was WhatsApp communication during that period because some messages might be calls and others chat messages.
“I will have to verify that because last time you said these are not calls, that are I mean incoming, it is chat messages and today it has changed, so some of them are calls and so forth”
Advocate Chaskalson accuses Deputy Chief Dhlamini, Sergeant Nkosi, and the CFO of rigging a tender in favour of Elshadai, Ngaphesheya, and others for personal enrichment.
“your version is false, that what you, Sergeant Nkosi and the CFO were doing was rigging a tender in favour of Elshadai, Ngaphesheya and some others. And that when you speak of capturing the CFO who will do great things for us, what you are really speaking of is other abuses of public procurement processes that will make you and Sergeant Nkosi very rich”
Management and Admin Support (MAS) handles finance, HR, OHS, and performance management issues, including contract management and assisting divisions with bid specifications.
“When we come to Management and Admin Support, that is MAS, and that is where it deals I mean with issues of finance, issues of HR, issues of, I mean OHS, issues I mean of performance management, and so forth. I n brief, that is where they deal with. Project Management, as I indicated, they deal with issues of contract management, I mean, assisting divisions with bid specifications”
Tenders get advertised as soon as they are awarded and SLAs and contracts are loaded on SAP to ensure payments are backed by valid contracts.
“I mean with issues of ensuring that, I mean, tenders get advertised as soon as they are awarded. Then they draft I mean SLA, assisting various divisions to ensure that SLA’s are in place in order to assist I mean accounts payable, that SLAs should be in place, loaded on SAP, contracts are in place, loaded in SAP, so that when payments get done, they can be sure that there is a contract for such a payment”
In the City of Tshwane, work is not done before purchase orders are generated; purchase orders exist for the entire financial year but specific requisitions and POs are created as invoices are received for delivery quantities.
“It is not the case, because each and every financial year, at the beginning of the financial year, the finance section accounts payable, once the budget get loaded, they create requisitions, they create PO’s...You create a PO for the quantities that have been delivered...The PO has been created for the entire year on those aspects”
The CFO only starts the purchase order process after the work is delivered and an invoice is received, creating an impression that POs are issued after work, which is incorrect.
“He only started the process when, after, I mean work has been delivered, they come with an invoice”
For contracts like the security contract, monthly figures are used to create requisitions and POs for the entire contract period, and payment debits against these POs occur as invoices are received for actual services delivered.
“The security contract, because we know it is a contract, there are figures in that contract on a monthly basis, we create, I mean, requisition and PO...We create PO’s for the entire period...It works against, it debit against those POs...As soon as we receive an invoice, we do a requisition again. We do a PO of the exact figure of an invoice that will debit against that”
It is the duty of each departmental head to ensure that POs are generated before work can be executed at the beginning of the financial year.
“He only started the process on the second phase. It is upon the duty of each and every departmental head to ensure that, I mean, at the beginning of financial year, I mean, PO’s get generated before work can be executed”
Tender for ad hoc security services is advertised with fixed monthly rates per guard and contracts are awarded with fixed monthly figures for each service provider, but ad hoc services are charged as and when required with invoicing reflecting actual use.
“The tender, when it gets advertised, it advertise with two portions of I mean payments to say what are your fixed rate per month, per guard, and so forth. So as soon as the contract get awarded, it has got a fixed monthly figure of the particular service providers, because ad hoc services, it is as and when required”
Ad hoc security services are not fixed services and must be requested by asset protection services, with invoices substantiating costs for additional guards needed due to operational activities.
“They can come for three months. They can go as a need arises. So these are not fixed services...It is incumbent upon the Assets Protection Services to say as they receive a request from either Electricity, from Housing, or whoever, for additional guards”
Purchase orders for watchman services are created for the full year, but additional ad hoc services are accounted for via invoices and GL accounts to ensure payment processing outside normal budgets.
“So we create purchase order for service providers for the duration of a year on the Watchman Services. So those comes as additional. So they create I mean GL to ensure journal of those, I mean monies”
The Management and Administrative Support directorate is one of four directorates under the Deputy Chief, dealing with management aspects of the department.
“The one that we have been looking at is Management and Admin Support.”
Policing Logistics Support deals with fleet management, vehicle maintenance, IT equipment, and asset management of the department.
“Policing Logistics deal with the fleet management of the department, and they also deal with issues of ... fleet, which it is, I mean vehicles, building maintenance, and all equipment, I mean IT, and so forth ... ensuring that all assets get registered and they are managed accordingly.”
The Administration Bureau deals with capturing infringement notices and liaises with RTMC and South African Post Office relating to invoicing and payment.
“Admin Bureau deals with issue of infringement, capturing of infringement notices ... They liaise with RTMC ensuring that all the infringements are posted ... They liaise with SA Post Office in terms of receiving invoices and payment of such.”
Internal Affairs investigates departmental laws, fault in accidents involving members, damage and loss control, legal litigations and conduct within the department.
“Internal Affairs deals with issues of investigation of departmental laws. If members are involved in an accident, they need to investigate if the member was at fault or what, damage and loss control. They deal with issues of conduct within the department.”
The family taxi business is run by the Deputy Chief's brothers and he does not own or run it, nor does he receive any proceeds from it.
“It is a family business. I am not running it, I am not involved in it. It is run by my brothers ... I am not owning it. It is owned by the family, my brothers ... I receive no proceed ... I do not get a salary out of this business.”
The Deputy Chief does receive occasional assistance from his brothers in the family taxi business for work he might do, but not as regular payments or salary.
“If I have something to do, work or something, brothers will assist ... I do not get a salary out of this business ... I cannot tell how much or whatever ... some one can do a tent, can do whatever.”
The Deputy Chief refuses to disclose the number of taxis or operations run by his brothers in the family taxi business citing relevance and confidentiality.
“I do not think it is relevant ... I think I cannot disclose their operations ... disclosing such things compromises the other party.”
The taxi industry is alleged to be linked with organised crime and efforts to infiltrate the SAPS and TMPD, introducing investigation questions about Deputy Chief's role in the taxi industry.
“Investigating all allegations of people who are linked to the taxi industry and are alleged to have been involved in organised crime and efforts to infiltrate the SAPS and the TMPD ... Your status as someone inside the TMPD and a taxi business operator raises questions.”
Mr Msibi had a close relationship mainly with Deputy Chief Dhlamini's brother, not with Deputy Chief Dhlamini himself.
“Mr Msibi worked very closely with my brother and actually we grew the same area. ... I knew him as such, but never had a relationship with him. He had a relationship, closer relationship with my brother.”
Deputy Chief Dhlamini asserts that there is no conflict of interest between his family's taxi industry connections and his law enforcement duties regarding the taxi industry.
“No at all ... I am not directly involved with them and I mean whatever they run, they comply. I do not interfere with anything.”
Deputy Chief Dhlamini denies that AARTO notices are of no major significance to the taxi industry, affirming their major interest in such notices and related traffic enforcement matters.
RTMC enforces by-law related warrants by blocking drivers or vehicles with unpaid fines to ensure settlement, but for negligent driving warrants, the police department does not currently execute them under AARTO provisions.
“Most of the warrants are by-law related warrants and so forth. So currently RTMC use enforcement notices to say if fines are not paid, they enforce, they block the driver or whoever on the system to ensure that they pay...Much as I am saying, currently under AARTO we do not have, I mean, those warrants.”
Deputy Chief Dhlamini states that the police department currently encourages voluntary payment of outstanding infringement fines but does not arrest people for unpaid fines at roadblocks.
“We do that. Even the media communication does inform I meant the public to say , this is the situation, we just encourage people...we cannot arrest you for it.”
Deputy Chief Dhlamini admits he has never interacted with Mr Sibanyoni or Mr Mandla Mgcina, but acknowledges that one of his brothers' businesses interacts rarely with Mr Sibanyoni, who is the big boss of SANTACO.
“That is correct, SC...They do, but very rarely. Remember, Mr Sibanyoni is the big boss for, is it SANTACO now? Ja, I think it is SANTACO now.”
Deputy Chief Dhlamini denies that his late brother Peter was the father of Kamokelo Hlatshwayo and denies knowing Kamokelo Hlatshwayo, but later acknowledges knowing Kamokelo Hlatshwayo as a friend to Bheki, associated with events.
“No...I think I might, do I know him? Yes, I know him...As Sergeant Nkosi indicated, he is a friend to Bheki.”
Deputy Chief Dhlamini denies knowledge that Kamokelo Hlatshwayo is the son of his late brother Peter and that Kamokelo is the only director of Elshadai Security Services.
“I do not know...I do not know...Much as I am saying I do not know. He has never told me.”
Sergeant Nkosi requested Deputy Chief Dhlamini to confirm with Nico whether the bids for Ngapesheya and Elshadai were compliant.
“Sergeant Nkosi , a day before , when I spoke to him , requested me to check with Nico if he has done compliance , he is done with compliance for the tenders of I mean Ngapesheya and Elshadai .”
Deputy Chief Dhlamini received a message on 1 March with a list of seven companies which Musian and Sipho, who falsely claimed to represent the EFF, wanted him to verify.
“It is not from the EFF . Two guys , as I indicated previously , Musian and Sipho , came to me claiming to be having these companies from the EFF .”
Deputy Chief Dhlamini clarified that the message he sent asking Sergeant Nkosi to check with CFO Mfowethu from CIC Juj was to verify if the CFO had the same list of companies given to him by Musian and Sipho, who claimed to be from CIC Juj.
“The message was saying check if this is the same , that is what they said , they gave the CFO the same list .”
Deputy Chief Dhlamini stated that whenever he verifies messages, he explains in detail beyond what the message captures.
“I want to be clear so that whenever I verify , he says , remember that we are not only speaking on messages only . We also , I also call to say this is the situation , explain in detail . The message will not capture everything , Commissioner .”
The list was given for the purpose of assisting and gaining advantage in a tender process, not for verification of political affiliations.
“They want to get a certain advantage through your assistance to do with a tender... This is a tender process of the City... It should not matter whether the people are ANC or not.”
People come to Deputy Chief Dhlamini's office trying to get assistance with tenders by name-dropping from political or influential persons, which he finds dangerous and requires verifying authenticity.
“There is number of people who come to my office... name-dropping people's name... which becomes dangerous in this instance.”
Deputy Chief Dhlamini asked Sergeant Nkosi to verify the list with the CFO because of his established relationship; he did not have the CFO's contact details himself.
“I know that Sergeant Nkosi has a relationship with the CFO. I do not have the CFO's numbers... It was going to work better for me for him to verify for me.”
The complainants claim that the CFO is implicated in attempting to rig the tender in favor of a list of companies allegedly connected to the EFF.
“They are suggesting to you that the CFO is implicated in an attempt to rig this tender in favour of a list of companies that are ostensibly EFF companies.”
The persons who came to Deputy Chief Dhlamini's office claimed to be with the CFO and gave him a list from CIC (Juju) which they were giving to him for the purpose of assisting with a tender.
“They are saying they were with the CFO. They have given him a list from the CIC Juju...”
Mr Malema gave a list to the CFO according to what Deputy Chief Dhlamini was told by others, but Deputy Chief Dhlamini denies that he was directly informed about the list from Mr Malema.
“that the CFO has a list from Mr Malema is what I said”
Deputy Chief Dhlamini says he was told that a list was given to the CFO, but that the people telling him did not mention Mr Malema as the source of the list.
“they just said that they had given a list to the CFO”
Deputy Chief Dhlamini sent a message referring to a list that Mfowethu had from CIC Juju, although he now clarifies it was a general message typed and might have sounded otherwise.
“in your message, did you refer to a list that Mfowethu had from CIC Juju?”
Deputy Chief Dhlamini confirms he sent a message saying the list came with the people who gave it to the CFO, but upon verification, it was not true that the list was from Mr Malema.
“they said they have a list, that it is from Mr Malema, they gave it to the CFO. When I verified with the CFO, it was not true”
Sergeant Nkosi asked Deputy Chief Dhlamini to assist Bheki with making compliant bids for two vehicles, related to land invasion.
“He said it was for land invasion. He said I must check with Nico Mathobela which companies did he prepare compliance for. The one of Bheki and the other one to forward it to him.”
Nico Mathobela was engaged by Sergeant Nkosi to help put together a compliant bid for Bheki.
“Sergeant Nkosi approached him to assist Bheki. I said I cannot assist I refuse to help. I said I referred him to Nico Mathobela to be able to help him with that.”
Deputy Chief Dhlamini describes Sergeant Nkosi as a young man he has groomed and trusts, explaining why Nkosi needed him to ask Nico Mathobela about the bid.
“It is a level of trust maybe that he has in me. It is a young boy that I have groomed so perhaps the level of trust he has within me.”
Sergeant Nkosi requested Deputy Chief Dhlamini to confirm which bids Bheki assisted with in terms of compliance, but the request wasn’t confirmed with certainty, and Deputy Chief Dhlamini wanted to send the names to Sergeant Nkosi.
“He wanted me to say, much as I indicated, he requested me a previous day. Unfortunately, I could not verify to say, apart from Bheki, which bids did he also assist in terms of compliance. He wanted me to send him those names.”
Sergeant Nkosi forwarded a WhatsApp message to Deputy Chief Dhlamini listing preferred people for demolition, which was understood to relate to companies for a land invasion tender.
“Sergeant Nkosi sent you a WhatsApp saying: “Morning General. The list of preferred people for demolition.””
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 admitted that the bid process was at an evaluation stage in March, while submissions had happened the previous year with a closing date of October 2nd.
“At this stage in March the bid process was at evaluation stage ... the submission happened in September of the previous year because the closing date was October the 2nd.”
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 states he never had an interest nor responded to Sergeant Nkosi regarding a list of people connected to the TMPD evaluating bids.
“I never had interest in this. And I will take you through the steps to say, I never responded to Sergeant Nkosi.”
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 indicates he was unsure why Sergeant Nkosi would ask to confirm that Ngaphesheya was helped by Nico, since all role players including himself and Sergeant Nkosi knew this fact.
“I am not sure, Commissioner... He knew, Commissioner, yes, I confirm, he knew about Ngaphesheya.”
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 states he explained the meaning of preferred people for demolition to Sergeant Nkosi by phone call and followed up with a callback.
“He called me, SC, and explained to me. Yes, he called first and then I called him back.”
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.”
Sergeant Nkosi forwarded a message to Deputy Chief Dhlamini stating that he had a meeting with ACTOSA and EFF the previous day and was told to submit five bidders which he found insulting.
“Sergeant Nkosi forwards you a message that says: “Good morning. I had a meeting with ACTOSA and EFF yesterday. Telling me to submit 5 is an insult and did not sit well with me.””
Deputy Chief Dhlamini did not understand the message about the meeting with ACTOSA and EFF and asked Sergeant Nkosi for an explanation.
“He then called me and explained the message, what is it all about, because I did not understand where the meeting with ACTOSA and EFF in this regard.”
Deputy Chief Dhlamini indicated the message he received showed high contestation related to the tender process, possibly involving political contestation.
“I just said it means that there is high contestation ... I said it seems there is high contestation ... High contestation, perhaps in the political sphere or something.”
Deputy Chief Dhlamini stated he avoids engaging with politicians to avoid political interference and has a history in politics.
“I took a decision long ago not to engage with politicians for personal reasons. I do not talk to politicians ... I avoid politicians for personal reasons, as I indicated. I have a history in politics.”
Deputy Chief Dhlamini said this was the first time he encountered what seemed like political interference in the award of a tender.
“This was the first time in your experience that you had encountered what seemed to be an attempt at political interference in the award of a tender? ... The message that he showed me, I said there is high contestation ... I took it like that.”
Deputy Chief Dhlamini testified that he and Sergeant Nkosi speak frequently, sometimes about personal matters.
“I indicated that we speak frequently. I might not recall what it is that he might have been calling me for. I mean sometimes he will call me with regard to issues regarding either my son or whatever the case it might be. So, we speak frequently.”
Deputy Chief Dhlamini recalled a meeting requested by the CFO and Sergeant Nkosi on 25 March regarding invoicing of Gubis but he did not attend because of training.
“On 25 March, the CFO had asked for a meeting with you and you and the CFO and Sergeant Nkosi were due to meet. CFO says it was due to discuss issues relating to invoicing of Gubis... I never turned up for the meeting because I was going for training runs so I could not honour the meeting.”
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 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...”
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.”
Deputy Chief Dhlamini denies having dealings with the City Financial Officer (CFO) but acknowledges dealing with the CFO through Sergeant Nkosi regarding the tender.
“I do not have any dealings with the CFO ... You have dealings with the CFO through Sergeant Nkosi ... I still maintain I do not have dealings with the CFO”
Deputy Chief Dhlamini admits he did not see the complaint as something he could investigate if it was not put into a written statement and did not act on the allegations despite receiving them.
“I do not think I saw a need, Commissioner, to investigate it ... I did not see it in that way”
Deputy Chief Dhlamini stated that he is not aware of discussions between Sergeant Nkosi and the CFO outside his knowledge and that he did not follow up on progress regarding the compliance checks.
“I am not, I mean, the relationship that Sergeant Nkosi have with the CFO, I am not, I mean, having the same relationship with myself and the CFO. So what are they discussing or what is he talking with the CFO, I might not be aware of in most instances. ... there is nowhere where I make a follow-up to say whether what is happening, what is the progress or how far are these things.”
Adv Khumalo accused Deputy Chief Dhlamini of unlawfully interfering in an ongoing tender process by instructing Sergeant Nkosi to give the CFO a list of seven companies to check for compliance.
“Because when you say to Sergeant Nkosi give this list to the CFO to check whether these seven companies comply with the tender requirements, it is no longer Nico, it is no longer Sergeant Nkosi, it is you now who is interfering in an ongoing tender process... That action on its own is you interfering in an ongoing tender process... So unlawfully... You are interfering in a tender process and you are doing so unlawfully.”
Deputy Chief Dhlamini denied interfering in the tender process, stating the request came from Sergeant Nkosi and that if it was him, he would have an interest which would be evident in the chats.
“Not true, Commissioner, because I indicated that Sergeant Nkosi called me, it is not me. If it was me, I had a vested interest, Commissioner. You would see in this chat, either I would enquire to say how far is the process or what is happening...”
Adv Khumalo argued that giving a message to Sergeant Nkosi to give a list to the CFO constitutes unlawful interference in the tender process regardless of vested interest or follow up.
“By virtue of the fact that you are saying to Sergeant Nkosi, Captain, find below our vehicles for land to be given to the CFO in order of priority... That action on its own is you interfering in an ongoing tender process. Whether you have interest or not, whether you followed up or not, simply by doing that you are interfering in the tender process.”
Adv Chaskalson summarized that Deputy Chief Dhlamini was responding to a request by Sergeant Nkosi rather than making the request himself.
“That message in chat number 1 was really responding to a request made by Sergeant Nkosi as opposed to making a request to Sergeant Nkosi. That you were responding to his request, you were not making any request to him.”
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 denies having any interest in any of the companies involved in the bidding process and also denies benefiting from any appointment or success in the bids.
“I did not have any interest, Commissioner, in any one of these companies.”
Deputy Chief Dhlamini explains that he edited messages referring to companies as "our vehicles" to insert names as requested, particularly to give to Mfowethu.
“I put Captain there to be given to Mfowethu as he requested. Then that is what I did on this message.”
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 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 thought Sergeant Nkosi would be satisfied with the list of companies provided and their names and the additional five companies he wanted.
“I thought Sergeant Nkosi then will be able to be satisfied about either of these names of the companies then draw the additional five that he wants.”
Deputy Chief Dhlamini denies being close to the CFO and states they only started talking when the CFO requested Sergeant Nkosi to call him on March 4th; he never spoke to the CFO outside of work before.
“I am not close to the CFO and that is a fact. I only started to speak to the CFO when he requested Sergeant Nkosi I think to call me on the 4th of March. I have never spoken to the CFO outside of work before.”
Deputy Chief Dhlamini says he edited and sent a message to the CFO about companies to be given vehicles for land in order of priority as instructed by Sergeant Nkosi.
“I edited the message, I added Captain, then I also added to be given to Mfowethui because that is what Sergeant Nkosi told me”
Deputy Chief Dhlamini confirms there is communication (incoming and outgoing calls) between him and Sergeant Nkosi before he sent back a different list.
“I call him. I think there is incoming calls ... and outgoing call”
Deputy Chief Dhlamini admits there was no WhatsApp voice call between the times of sending Nico's mandate and sending the list of vehicles for land at 9:30 PM, but they spoke on a cell phone call.
“We spoke on a cell phone call, not a WhatsApp call”
Deputy Chief Dhlamini agrees that if phone records do not show calls between him and Sergeant Nkosi between 8:02 PM and 9:30 PM on 25 March, his version is false.
“If we do that and find no call, then this version is false”
Deputy Chief Dhlamini clarifies that he was not personally looking for compliance issues in the tender process, but that it was Sergeant Nkosi who was.
Deputy Chief Dhlamini stated that the choice of words in the messages came from Mr Mathobela and that he just edited the messages and added what he wanted to add.
“this was the choice of words from Mr Mathobela. I just edited on his messages and just added what I wanted to add”
Deputy Chief Dhlamini would not accept that the messages were to rig the tender, but acknowledged the possibility he could not confirm as it was Sergeant Nkosi's request.
“I would not accept the statement that it was to rig the tender ... it might have been that possibility, but I cannot confirm because it was Sergeant Nkosi's request”
Deputy Chief Dhlamini acknowledged it was not possible for the CFO to check compliance before the BEC had finished its business and made a recommendation.
“the CFO has no lawful access to the documents until the BEC has finished its business and made a recommendation”
Deputy Chief Dhlamini accepted that questions of compliance after bid closure on 2nd October are essentially irrelevant because it is not possible to cure non-compliance at this stage.
“questions of compliance are in fact essentially irrelevant ... The bid closed on the 2nd of October, it is not possible to cure non-compliance at this stage”
Deputy Chief Dhlamini said the matter dates back to 9 March and his texts show no follow-up or enquiry to show interest in the matter.
“this matter back dates from the 9th of March ... there is nowhere in my text where I made a follow up or enquired about this to show that I do not have an interest in them”
Deputy Chief Dhlamini disagrees with the literal interpretation of the pronoun use 'ours' and says sometimes it means a way of communication and not what is normally understood.
“I do not agree to it because we sometimes adopt a way of communication with people, how we communicate and refer to each other, a particular set of standards when we communicate. It might not mean what, I mean, you are suggesting.”
The CFO is communicating with Sergeant Nkosi to assist in checking compliance of seven companies in a pending tender, but Deputy Chief Dhlamini agrees the CFO cannot lawfully check compliance because he cannot access the relevant bid documents.
“On your version ... the CFO is communicating with Sergeant Nkosi, he is undertaking on your version to check for compliance of seven companies in a pending tender. And you know that he cannot lawfully do that because he cannot lawfully have access to those documents ... You will accept that?”
Deputy Chief Dhlamini passed the list to Sergeant Nkosi, who was requested to give it to the CFO; Deputy Chief Dhlamini was privy to communication between them regarding bidders in the tender process.
“I passed it to Nkosi ... You are privy to that communication.”
Deputy Chief Dhlamini maintains that he did not discuss issues related to pricing, bid documents, specifications, or other confidential matters involved in the bid evaluation committee, therefore denying involvement in procurement discussions.
“When it says procurement matters, it is matters either that relates to issues of ensuring that they help me with the document compilation, also discussing pricings and so forth, or transpired within the Bid Evaluation Committee because those matters are confidential and so forth ... I did not discuss matters that relate to procurement.”
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”
Advocate Baloyi argues Deputy Chief Dhlamini has no interest in the tender yet pressured Bheki and Nkosi to assist, which Dhlamini denies, saying his interest is compassion and support for Sergeant Nkosi whom he has known from school.
“I think there are people you will have compassion on ... They are people you have compassion on ... I took interest in Sergeant Nkosi on the earliest while he was still at the primary school ... You have absolutely no interest in this ... I do not ... I help Sergeant Nkosi from there ...”
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”
Advocate Baloyi contends the list Deputy Chief Dhlamini sent was an effort to assist Bheki fix shortcomings in a Tshwane tender linked to Ngaphesheya, implying potential misconduct, which Dhlamini denies.
“You have shown that you prefer Ngaphesheya to be awarded a tender, and this list I want to suggest that this was to assist Bheki fix the shortcomings in this Tshwane tender ... That is not true”
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”
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.”
There is a suspicion by counsel Chaskalson that Deputy Chief Dhlamini, Sergeant Nkosi and the CFO conspired to rig the bid in favour of Elshadai and Ngaphesheya.
“the only reasonable conclusion that can be drawn is that you, Sergeant Nkosi, and the CFO were in a conspiracy to rig a bid in favour of Elshadai and Ngaphesheya.”
Deputy Chief Dhlamini admits that all but seven of the 57 bidders who started bidding ended up with contracts, with Elshadai and Ngaphesheya among the seven winners.
“although there were 57 bidders who started, only seven bidders got contracts under this tender. And two of those seven were Ngaphesheya and Elshadai. Do you accept that ? Yes.”
Mr Mnisi did not ask Sergeant Nkosi to phone Deputy Chief Dhlamini in the car; Sergeant Nkosi took it upon himself to make the call, after which Mr Mnisi interacted with Deputy Chief Dhlamini.
“I did not ask him to phone Deputy Chief Dhlamini when we were in the car . He took it upon himself to call him . Once he had made that call , of course I had a discussion or interaction with the Deputy Chief Dhlamini in terms of the matter that we are facing .”
Mr Mnisi discovered Sergeant Nkosi had called Deputy Chief Dhlamini and handed him the phone during a drive, where Mr Mnisi communicated the concerns.
“So I was driving, he went on a call, he called Deputy Chief Dhlamini, and he gave me the phone. That is when I identified that he had given him a call already.”
Sergeant Nkosi made a call to Deputy Chief Dhlamini on the same day during the call Mr Mnisi had with Mr Mahlangu, not a subsequent day as initially stated by Mr Mnisi.
“While I was wrapping up my call with Mr Calvin Mahlangu, Sergeant Nkosi calls Deputy Chief Dhlamini on the same day.”
Mr Mnisi used Sergeant Nkosi as a convenient intermediary to communicate with Deputy Chief Dhlamini but admits in hindsight he should have obtained the Deputy Chief's contact directly and dealt with him personally.
“At this point, after the call had been made, Sergeant Nkosi was already involved. From my perspective, it was convenient for him, taking into account that I was busy with other strategic matters as well. So one operational matter off my table would be easier for me to focus on the strategic nature of my job. In hindsight, I did admit that at this point, I should have requested for the contact details of Deputy Chief Dhlamini.”
Mr Mnisi coordinated communication between himself and Deputy Chief Dhlamini through Sergeant Nkosi; Sergeant Nkosi was not officially delegated any authority by Mr Mnisi to handle matters.
“I was not necessarily using him as an official representative... I was not delegating anything to Sergeant Nkosi. He is not an official of the City. He can in no way have any delegations to deal with any matters.”
Mr Mnisi stated he spoke to General Deputy Chief Dhlamini about the concerns from the call with Mr Mahlangu, expressing that the Deputy Chief said he was not aware of the matter but would look into it.
“I spoke to the Deputy Chief Dhlamini. I expressed to him the concerns on the call that I just received. He said he was not aware of this matter, however, he will look into it accordingly.”
Mr Mnisi admits that while speaking to Mr Mahlangu, Sergeant Nkosi called Deputy Chief Dhlamini and handed the phone to Mr Mnisi so he could speak directly to the Deputy Chief.
“While we were driving, just as I was about to conclude my discussion with Mr Calvin Mahlangu, Sergeant Nkosi was already phoning the Deputy Chief. At that point, he gave me his phone and I spoke to the Deputy Chief.”
Deputy Chief Dhlamini was actively dealing with the matter, while Mr Mnisi was not actively involved and only sent messages on behalf, without knowing details.
“He was sending, Deputy Chief Dhlamini was dealing with them actively. The individual that was actively dealing with the matter, resolving, analysing documentation is the Deputy Chief Dhlamini. Nkosi was not actively dealing with the matter. Nkosi was the individual who was sending the message on my behalf. He was not actively dealing with this. He did not even have the details of what was going on in this.”
Mr Mnisi admits that ideally he should have contacted Deputy Chief Dhlamini directly instead of using Sergeant Nkosi as intermediary due to convenience but acknowledges this was not ideal.
“In hindsight, I accept that. ... Like I said, ideally I should have got the contact details of the Deputy Chief. I did not have his details at this point in time. ... I do agree that I should have got this numbers directly and had communications with him initially from the matter, when that matter was raised, Chair. ... I should have asked for them, and I agree. ... I should have had that, Chair. I do agree to that. In hindsight, it is something I should have done to avoid this entire complication.”
Mr Mnisi did not have the contact details of Deputy Chief Dhlamini because he normally engages the Chief of Police and there is no central directory of senior executives with their cellphone numbers at Tshwane.
“I did not have his contact details at this point, Chair, this is why I did not deal with him directly. ... No. Normally I engage the Chief of Police. ... That give cell phone numbers, no.”
Sergeant Nkosi has a relationship with Deputy Chief Dhlamini, who is responsible for support, services, and finance within TMPD, and by virtue of this relationship, Sergeant Nkosi knew Deputy Chief Dhlamini's roles and functions.
“I think Sergeant Nkosi has a relationship with Deputy Chief Dhlamini. He knew that he was a Deputy Chief responsible for support and services and finance within TMPD. So by virtue of their own relationship, he had known his roles and functions and what he does. That is how he knew.”
While invoices had already been confirmed and signed off by relevant departments including APSS, the Deputy Chief was coordinating a deadlock over budget and cost centre consumption to proceed with purchase orders, but did not give step-by-step feedback on his location in the process.
“Yes. So, while this was happening, a lot was happening in the background, Commissioner. A lot was happening in the background, where the Deputy Chief was obviously in engagements with individuals from APSS, Supply Chain Management. He played a role that coordinated all parties. He did not give a step-by-step feedback where he was. What is important for us to take note of, at this stage, invoices had already been confirmed and signed off by the relevant departments, by APSS, as seen with one example here. So, invoices were not being submitted from scratch, and the process was not starting from scratch. The process had halted at this stage and was at a stage where purchase orders needed to be processed on the system.”
There was a deadlock or standoff between budget and funds availability between the department requesting and TMPD, with Deputy Chief Dhlamini engaging throughout the process, which had proceeded to the stage of generating purchase orders.
“There was a standoff now on which budget must be utilized to proceed with the generation of the purchase orders and which cost centre must be consumed. So, the entire process had happened at this stage. There was just a deadlock at this point, where budget and funds availability to a standoff between the department requested and TMPD. And Deputy Chief Dhlamini, throughout that process, was, of course, engaging. So, the process was already at this stage, at this point in time.”
The termination letter was forwarded to Sergeant Nkosi on 26 June and the witness instructed Sergeant Nkosi to call Deputy Chief Dhlamini to ensure clarity and closure on the matter, as the TMPD had taken full authority and responsibility for the ad hoc security services.
“that is received on the 24th of June, and it is forwarded by you to Sergeant Nkosi on the 26th of June, and that is at page 331. And there at page 331, we see that on the 26th of June at 9:57, message time 7:57, you forward to Sergeant Nkosi the termination letter and then you say: "Call him, Mfowethu." Who did you want Sergeant Nkosi to call? Deputy Chief Dhlamini. Because we needed to close the loop on this matter. There needed not to be any further uncertainty. There was clarity on how the new internal control process that are implemented. Ad hoc security service was now fully assigned to the full control of TMPD. So this was me saying this matter has now reached finality. I just need to close on this effectively and ensure that all parties involved are clear and there will be no elements of uncertainty moving forward. The TMPD has taken full authority of this matter, and Water Department, if there is a need for any ad hoc services, they will communicate with TMPD.”
Deputy Chiefs Spies and Dhlamini are equals with separate responsibilities; Spies is responsible for APSS and Dhlamini for Support Services and Finance matters.
“They are both Deputy Chiefs and they are equals with separate responsibilities. The responsibilities of Deputy Chief Spies is APSS. The responsibilities of DC Dhlamini is Support Services and Finance matters.”
Mr Mnisi engages directly with Deputy Chief Dhlamini to ensure that all parties are on the same state of mind and to avoid misunderstandings especially between APSS and Finance within TMPD.
“So I needed to engage him directly to make that matter certain ... previously, there was complete misunderstanding between APSS and payables or Finance services within TMPD. That is why we had an issue of that nature.”
Mr Mnisi used telephonic communication with Deputy Chief Dhlamini as a faster way to resolve urgent finance related matters at year-end.
“The reason for me addressing this via telephonic mode of communication with Deputy Chief Dhlamini, it is pure responsibility. It is his responsibility at year-end to ensure that finance related matters from TMPD are dealt with accordingly... I preferred cellphone related communication, because it would transmit the matter faster.”
MR MNISI indicated he wanted to communicate directly with Deputy Chief Dhlamini regarding payment matters but did not initially save WhatsApp contact details, which he later requested to correct his oversight.
“I probably made a direct phone call from WhatsApp without saving those contact details, and I could not trace them from there. Then I asked for them again in order to correct my own activities.”
After Sergeant Nkosi forwarded the termination letter to General Dhlamini, a voice call was made from Deputy Chief Dhlamini to Sergeant Nkosi at 10:13, followed by a chat message from Sergeant Nkosi asking when they could meet, but without response until later when MR MNISI indicated urgency in contacting the General directly to avoid future disputes over accounts payable.
“At 10:13, there is a voice call from Deputy Chief Dhlamini to Sergeant Nkosi. ... At 10:21, Sergeant Nkosi having spoken to Deputy Chief Dhlamini says to you: “Ifound him. What time can we meet today?” He gets no response by 10:29... You finally get back to him at 2:58 saying: “Will confirm, Mfowethu.” And at 12:58, you also say: “I need to call him urgently in the meantime. Can I have his number? This cannot wait for the meeting, bro.””
MR MNISI said there was no need for a meeting with Deputy Chief Dhlamini as the matter could be addressed over the phone, which is why he urgently wanted the contact details to communicate directly.
“From my perspective, there was no need for a meeting. I could address this over the phone, hence, my urgency in wanting the contact details in order to enable me to have direct communication with the Deputy Chief Dhlamini.”
Messages were repeatedly exchanged between Deputy Chief Dhlamini and MR MNISI through Sergeant Nkosi on WhatsApp and email, showing a routine pattern of indirect communication.
“We see a repeated pattern where messages from Deputy Chief Dhlamini get sent to you through Sergeant Nkosi, and messages from you get sent to Deputy Chief Dhlamini through Sergeant Nkosi”
Extensive communications regarding TMPD1 and Gubisi invoicing between the witness and Deputy Chief Dhlamini occur through Sergeant Nkosi, with no direct WhatsApp messages between the witness and Deputy Chief Dhlamini.
“this mode of communication between yourself and Deputy Chief Dhlamini in relation to TMPD1 and in relation to the Gubisi issues about invoicing and termination, has the same hallmarks, that you are actually having very extensive communications, but there is no sign of them on either of your phones”
Mr M Nisi denies engagement in illicit or unlawful activities with Deputy Chief Dhlamini and states the use of Sergeant Nkosi as an intermediary was for convenience due to a broken communication channel.
“I strongly disagree with the notion that we are engaged in illicit or illegal activities that are unlawful, and the major difference is that there is trace of communication directly between myself and Deputy Chief Dhlamini”
Mr M Nisi requested Deputy Chief Dhlamini's contact details to deal with TMPD1 and Gubisi invoicing matters more directly going forward.
“I requested for his contact details in order to deal with the matters moving forward, particularly on the accounts payables matter, as well as the termination letter”
There were no WhatsApp messages exchanged directly between Mr M Nisi and Deputy Chief Dhlamini relating to TMPD1 or Gubisi because Mr M Nisi did not have Deputy Chief Dhlamini's contact details.
“No, there are none because I did not have his contact details from the Gubisi invoices and I was not interested. And he would not send me any WhatsApp messages for TMPD1”
Extensive WhatsApp communications between Mr M Nisi and Deputy Chief Dhlamini, relating to TMPD1 and Gubisi, are routed only through Sergeant Nkosi.
“We see extensive WhatsApp messages in relation to TMPD1 and Gubis where you are communicating with the General, but they all got through Sergeant Nkosi”
On 25 March, Sergeant Nkosi sent Mr M Nisi a WhatsApp message from Deputy Chief Dhlamini instructing to find vehicles to be given by order of priority to Mfo Wethu.
“You get a message from Sergeant Nkosi, which says: "Captain, find below our vehicles for land to be given ku Mfowethu in order of priority. Elshadai and Ngaphesheya ..."”
Mr M Nisi wanted the messages to stop and directed this request at Sergeant Nkosi, even though he knew the messages originated from Deputy Chief Dhlamini.
“I wanted the person who was sending me the messages to stop, and that person was Sergeant Nkosi. I knew that.”
Mr. Mnisi accepted that Deputy Chief Dhlamini assumed that Mr. Malema gave him a list of companies for the tender, but Mr. Mnisi denied receiving any list from Mr. Malema.
“Deputy Chief Dhlamini assumes that Mr Malema has given you a list of companies in relation to this tender. You accept that?... Did Mr Malema ever give you a list of companies in relation to this tender? No.”
Deputy Chief Dhlamini describes the contract management process under his division, including project management, contract management support, ensuring bid specifications, and involvement in the Bid Evaluation Committee (BEC).
“Under the Finance section has got the project management, that is contract management support, that supports other divisions in terms of ensuring that when they have contracts that they want to undertake with bid specifications... The then after the bid specifications, when the contract goes to the BEC, the Chief of Police nominates people who sits at the BEC together with Supply Chain officials and other appointed people for the BEC.”
Deputy Chief Dhlamini confirms the use of Service Level Agreements (SLAs) managed by his division to oversee contracts and ensure compliance with legal requirements and approval processes involving the Chief and Group Legal.
“we then prepare SLA’s for those contracts. I am raising this because it is pertinent, because as an end-user department, we must be able to ensure that there is an SLA in place to manage that contract... it is sent to the office of the Chief, who then take it to Group Legal for confirming that the SLA it complies with all the legal terms... thereafter it is sent to the service providers who also go through the SLA and confirm before signing in the SLA.”
SLAs are currently being done electronically and approved through the Legal department to Group Heads for signing off, ensuring compliance with procurement plans and financial controls.
“SLA currently they are being done electronically. They are being sent by Legal department to Group Heads to ensure that, I mean they can sign them off... procurement plans... there are stage gates that you plan a project to say it is at this stage gate before it can be funded...”
Deputy Chief Dhlamini has known Sergeant Fannie Nkosi since the early 1990s from their shared neighbourhood and family connections; their families are close.
“I have known Sergeant Nkosi from the early 90's while he was still attending school ... We come from the same neighbourhood in Soshanguve ... our families chose me to lead a delegation that was sent to negotiate his lobola which culminated in marriage ... Our relationship remained that of brother to ...”
Deputy Chief Dhlamini and his wife engage with Sergeant Nkosi's family members, including Bheki Nkosi, to provide counselling and support during family challenges.
“I do engage with Fannie when they have family challenges, marriages, we do intervene with my wife to do counselling ... and so forth ... That would include Bheki as well”
Deputy Chief Dhlamini states that his communication with Sergeant Nkosi is frequent and natural as between brothers, but he refused to assist Sergeant Nkosi with completing a tender document for his younger brother due to conflict of interest and referred him to Nico Mathobela for assistance.
“My communication with Sergeant Nkosi is frequent and flows naturally as it will be between the brothers ... The recent discussion among others were when he came to me and requested assistance in completing a tender document for his younger brother. I refused to assist Sergeant Nkosi and instead I advised that helping him with the request will amount to a conflict of interest. I referred Sergeant Nkosi to Nico Mathobela for assistance.”
Deputy Chief Dhlamini denies ever receiving any payments or benefits from Sergeant Nkosi, directly or indirectly, or from any third party through him.
“I want to put it on record that I have never received any payments nor benefit from Sergeant Nkosi, whether directly or indirectly ... nor received payments from a third party through him or anyone else.”
Deputy Chief Dhlamini knows Mr Joe Sibanyoni from the taxi industry due to his brother's involvement establishing SALTA but has never met or interacted with him.
“The one that I know, I have never met with him, it is Mr Joe Sibanyoni. He used to work with my brother in the taxi industry when they were establishing SALTA.”
Deputy Chief Dhlamini denies having any interest or relationship with multiple named companies or their shareholders/directors, including Gubis 85 Solution, Ngaphesheya Construction and Project, Triotic Protection Services, Two Cop Security Services, Vimtsiri Security and Protection Services, and Elshadai Security Services.
“I do not have any interest or relationship, whether directly or indirectly ... with any of their shareholders or directors.”
Deputy Chief Dhlamini attended a meeting in March 2025 with Mr Cain Mpofu of Supply Chain Management and representatives of Gubis 85 Solution regarding outstanding payments owed to Gubis 85.
“The interactions I had with director of Gubis 85 was when Mr Cain Mpofu of Supply Chain Management invited me to a meeting at his office. However, I cannot recall the date of the meeting, but it was around March 2025. The meeting was attended between Mr Mahlangu and Mr Kgwadi of Gubis 85 Solution and Mr Mpofu and myself. The meeting was called because Mr Mahlangu raised concern with outstanding payments relating to his company.”
Deputy Chief Dhlamini stated he has never initiated or set up any meetings with Gubis 85.
“And then your answer to the question is that you have never set up or had any contact with anyone from Gubis to set up a meeting ? That is correct , Commissioner .”
Outstanding payments owed to Gubis 85 related to ad hoc services from July 2024 to December 2024 and an unpaid invoice from May of a previous financial year.
“It was on ad hoc services , Commissioner , that we attended on March . I think it will be explained later on . They were owed for a period of 6 months starting from July 2024 up to December 2024 when that complaint came . And I think there was an outstanding invoice that was of a previous financial year for May .”
D E P U T Y C H I E F D H L A M I N IDay 88 · 10 Apr 2026Refers to: July 2024 to December 2024
Deputy Chief Dhlamini does not have documents relating to the specific meeting about outstanding payments but has a spreadsheet of payments owed to companies from July 2024 to December 2024.
“I do not have documents relating to that specific meeting , Commissioner . The[y] will be there , Commissioner , because we load them on a sub-system , the request that we get them . I only have a spreadsheet of the payment of companies that were owed starting from July 024 to December .”
Deputy Chief Dhlamini stated that he would not have the letter requesting Gubis to provide ad hoc services in 2024 as it is not within his control to deploy such letters.
“The letter I would not have , because it is not within my environment to deploy them .”
Deputy Chief Dhlamini stated invoices received for services are processed if verified and signed off by the concerned division.
“What we do , we process invoice as received from a division that has verified that services were rendered , accordingly signed off by that division .”
Deputy Chief Dhlamini indicated he has not influenced or facilitated payments to Gubis 85 or any other company.
“Whether I have influenced , facilitated the payment of any service provider , in particular Gubis 85 Solution Ltd . I have not influenced the payment of any company , including Gubis 85 .”
Deputy Chief Dhlamini stated his involvement in the Gubis 85 case followed a request by the CFO regarding outstanding invoices due for six months.
“My involvement in the case of Gubis 85 Solution and other came later following the request by the CFO concerning the outstanding invoices , which were due for a period of six months .”
Outstanding invoices relating to Gubis 85 from July 2024 to January 2025 amounted to 14 million for ad hoc services.
“The specific thing is that these are invoices that were outstanding from July 2024 , I meant to January 2025 , of companies , and I want to draw specific attention to the Commission because this matter came on the Commission , that invoices for the entire 6 months were amounting to a total of these companies to 14 million for the entire 6 months of ad hoc services that the complaint came .”
D E P U T Y C H I E F D H L A M I N IDay 88 · 10 Apr 2026Refers to: July 2024 to January 2025
Invoices for July to December and January to February had a total changed amount of one invoice reaching 14 million, which falls within Deputy Chief Dhlamini's responsibilities to alert, investigate, and deal with.
“with the total changed figure of one invoice I mean amounting to 14 million, it is within my responsibilities to alert them to say this has grown so much, investigate this, deal with this matter.”
Ad hoc security services were deployed by the division Assets and Protection for three companies: Triotic Protection Services, Mogalagadi Security Services, with the amount for two companies being 2.8 million.
“these were ad hoc services that were deployed by the division Assets and Protection for three companies, Triotic Protection Services, Mogalagadi Security Services, which for two companies it amounted to 2.8…”
Deputy Chief Dhlamini receives complaints from the CFO regarding outstanding invoices and intervenes only when complaints are raised, but denies influencing or facilitating payments inappropriately.
“The statement is not true and I say this because I am the Divisional Head, Support and Administration. ... My communication on financial matters is mistakenly inferred to as having an influence when in actual fact it is sacrosanct to my daily work ... I cannot be said that I am influencing anyone when my position and my work is centred around managing the financial business side of the department.”
Deputy Chief Dhlamini states that he only intervenes when there are complaints about payments not done or companies complaining, and he clarifies that he facilitates payments but does not influence them.
“I am involved, Commissioner, but I am not influencing this person. I only come as an intervention when there are complaints that are raised through to my office.”
Deputy Chief Dhlamini explains that the CFO called him on March 4 while with Sergeant Nkosi, requesting to ensure outstanding invoices are paid as companies were threatening legal action.
“The Chief Financial Officer called me while he was with Sergeant Nkosi on the 4th of March, requesting me to say there are outstanding invoices that Mr Mpofu cannot get it right in ensuring that they are being paid and the companies are threatening to go to court.”
Annexure F is a trail of emails indicating complaints from February about outstanding invoices within the department, which Deputy Chief Dhlamini was never included on but became aware of only after a call from the CFO.
“The Annexure F, as the evidence leader indicated, it was a trail of email that I wanted to demonstrate that this complaint came from February. I was never included on the emails ... I only became aware when I was called by the CFO to say there are outstanding invoices within the department.”
Deputy Chief Dhlamini states that after resolving the payment for six months, a meeting was requested to deal with outstanding invoices for May, which he considered a post facto deal.
“After we have resolved their payment for 6 months, they then later on requested a meeting to deal with the outstanding invoices for May that I indicated to say it will amount to a post facto deal.”
Deputy Chief Dhlamini denies influencing or directing the allocation of work by the City of Tshwane or Tshwane Metro Police Department to any service providers, including Gubis 85 Solution.
“I could have not influenced or directed the allocation of work to any service provider ... I deny, the narrative is incorrect.”
Deputy Chief Dhlamini states he would never instruct someone who is not his subordinate to do anything and has never worked with or knows Phiri, so he cannot protect him.
“There is no way I will give an instruction to someone who is not my subordinate to do anything ... I have never worked with Phiri. I do not know him.”
Deputy Chief Dhlamini was requested by the CFO to assist in resolving outstanding payments of Gubis 85 Solution related to tender TMPD2 for 2016-17, finding outstanding invoices for six months including other service providers.
“I was requested by the CFO to assist in resolving outstanding payment of Gubis 85 and the others ... I discovered there were outstanding invoices for a period of six months.”
Sergeant Nkosi approached Deputy Chief Dhlamini to inquire about a tender process for Ngaphesheya, and Deputy Chief referred them to someone well vested in those tenders.
“Sergeant Nkosi approached you with what we at least agreed to a tender process where Ngaphesheya wanted to tender, and you referred them to someone that you say is well vested in those tenders.”
Deputy Chief Dhlamini testified he never discussed payment and allocation of work with Sergeant Nkosi or other persons not employed by the City of Tshwane or Tshwane Metro Police Department.
“I have never discussed any payment with Sergeant Nkosi. ... The allocation of work is the responsibility of APSS.”
Deputy Chief Dhlamini asserts that contrary to allegations by Deputy Chief Spies, he did not block a report investigating Sergeant Phiri; the report was sent to him in 2025 but only surfaced in March 2026 after inquiries.
“I think I wanted to bring to the Commission that I think, I am not sure whether that was misinformation given to the Commission, no, it was a deliberate effort perhaps to tarnish me in the Commission that I have blocked this report.”
Deputy Chief Dhlamini states that the report concerning Inspector Phiri was actually sent to him by Director Minnaar on 29 July 2025; Deputy Chief Spies did not personally come to him with the report.
“Because Director Minnaar, it was indicated that he reports to me under internal affairs and he came to me to indicate that, I mean, he was given a mandate by the Deputy Chief Spies to investigate Inspector Phiri... On 29 July, he sent the report to say, I am done with the report, this is the report I am forwarding to D C Spies.”
Deputy Chief Dhlamini denies that he blocked a report about Sergeant Phiri; he says the allegation is misinformation as the report was properly managed and he instructs subordinates to execute assigned work even without his personal sanction.
“I wanted to deal with that assertion that it was incorrect, that it was misinformation, that I blocked them in a report seeking to deal with Sergeant Phiri.”
Deputy Chief Dhlamini confirms that Internal Affairs reports to him, as do Director Minnaar and the report, which must come to him for noting before being forwarded.
“Yes, Commissioner. Yes. He brought it for me just to take note that it is done with the report.”
Deputy Chief Dhlamini denies exerting influence on the extension of a security tender; intervention was requested by the Chief of Police after the BAC had not approved the extension report presented by Director Nwandule.
“The second assertion which was made by DCS Spies is that I have influenced the extension of the security tender through the CFO. It is incorrect.”
Deputy Chief Dhlamini facilitated the extension report for the security tender as requested by the Chief of Police to assist Director Nwandule and DC Bolhuis, the head of the assets protection unit at the time.
“I only facilitated and assisted as requested by the Chief of Police to assist Director Nwandule and DC Bolhuis with that report because by then DC Bolhuis was the one who was heading asset protection unit.”
Deputy Chief Dhlamini denies having a personal relationship or assisting bidders related to Sergeant Nkosi; he referred Nkosi to Mr Mathobela to avoid conflict of interest.
“It is not true that I have assisted any bidder in winning tenders. I actually refused to assist and preferred instead to refer Sergeant Nkosi to Mr Mathobela.”
Deputy Chief Dhlamini does not know for which municipality or provincial government the tender was intended and cannot specify the municipal entity involved.
“I would not tell whether it was for which municipality or provincial government or which municipality.”
The communication from Sergeant Nkosi included details of job applicants for various positions within the City of Tshwane Metropolitan Police Department, giving rise to an implication of Deputy Chief Dhlamini's involvement in recruitment processes, which Deputy Chief Dhlamini denies.
“It is further alleged that the communication received from Sergeant Nkosi wherein you were provided with details of job applicants for various positions within the city of Tshwane Metropolitan Police Department, as well as within the city, give rise to an implication of your involvement in recruitment-related processes... I could not assist him because... I was not involved during that recruitment process.”
Deputy Chief Dhlamini states confirmation letters sent to applicants are not confidential and do not imply involvement in recruitment.
“The information which was shared by Sergeant Nkosi is not confidential or restricted to officials within recruitment. These are confirmation letters forwarded to applicants who applied for position in the city. They do not reside with HR.”
Deputy Chief Dhlamini states he assists with confirming authenticity of job adverts and recruitment processes but denies any preferential treatment or influence in recruitment.
“I do assist with confirming such . There is no influence that I exercise in recruitment process, nor preferential treatment that I have given to others.”
Deputy Chief Dhlamini denies unauthorised disclosure of confidential recruitment information or involvement in irregular hiring processes.
“I have never been involved in the unauthorised disclosure of confidential recruitment information, as well as in potential irregular involvement in hiring process. The recruitment policy places a duty on duly appointed panel members to declare interest and sign the confidentiality clause during selection process up until their appointment are finalised.”
It is alleged that Deputy Chief Dhlamini was influenced by Sergeant Nkosi due to personal relationship and proximity in escalating and assisting with invoices owed by the city to Gubis 85 Solution to get paid, which Deputy Chief Dhlamini denies.
“It is alleged that you were influenced by Sergeant Nkosi due to your personal relationship and proximity in escalating and assisting with invoices allegedly owed by the city to Gubis 85 Solution in getting paid. Sergeant Nkosi has never influenced me in relation to payment of invoices”
Deputy Chief Dhlamini refutes the impression of being involved in influencing or facilitating payments and says the statement is not true as he is the divisional head responsible for support and administration accounts payable function.
“I wish to refute the impression which is created that I am involved in business of influencing or facilitating payments. The statement is not true. And I say this because I am the divisional head support and administration accounts payable function falls within my responsibilities”
It is alleged Deputy Chief Dhlamini was involved in internal procurement process as a conduit between him and CFO at request of Sergeant Nkosi, which Deputy Chief Dhlamini denies having discussed or been involved in payment with Sergeant Nkosi.
“It is alleged you were involved in internal procurement process. This can be seen further via messages exchanged whereby Sergeant Nkosi served as a conduit between you and the CFO. Such messages confirming that you were requested by Sergeant Nkosi to assist with payment of invoices and together with the CFO are managing payments via communication facilitated through Sergeant Nkosi. I have never discussed any payment with Sergeant Nkosi”
Deputy Chief Dhlamini says he merely responded to CFO enquiries made through Sergeant Nkosi and responded to requests for updates by CFO through Sergeant Nkosi.
“I merely responded to the CFO enquiries which were made through Sergeant Nkosi. And much as I indicated to say the CFO the next day enquired through Sergeant Nkosi, I responded through the request of update by the CFO”
Deputy Chief Dhlamini states that his involvement in procurement was assisting divisions in compilation of specifications to serve the Bid Specification Committee, denying improper involvement.
“Involvement in procurement processes, as I indicated that we assist the divisions in compilation of specification from the onset to serve the Bid Specification Committee”
Deputy Chief Dhlamini denies improper involvement in procurement and payment processes and asserts he is properly involved to ensure invoices get paid on time.
“I do not think I am improperly Commissioner involved because it falls within my section to ensure that invoices get paid on time”
Deputy Chief Dhlamini denies giving rise to implication of irregularity in securing payment to suppliers through manipulation or rushed off internal process including increasing budget and target value to accommodate such payments.
“It is therefore alleged that your conduct gave rise to an implication of irregularity in that you may have participated in securing payments to suppliers through the manipulation or rushed off internal process including the alleged increase of budget and target value to accommodate such payment. I have never conducted myself in any way that would have given rise to an implication of irregularity”
All payments were made following proper internal processes including budget allocation division, tender costing and allocation, and contract management, with invoices signed off by relevant division confirming services rendered and payment due.
“All payments effected in this regard went through all the process before the final payment was released. The annual budget allocation is divided into 12 months, and it is released on a quarterly basis through finance management. Upon the awarding of a tender the contract is costed and allocated a contract value for the contract period. Any additional services effect the contract value in that such services were not included in the cost of the contract. Therefore, the contract value cap will be prematurely reached. In such circumstances contract value may be increased to accommodate additional services. The increase in the monthly expenditure makes it necessary to request budget release for the future, quarterly budget. The invoices in question were signed and authorised for payment by the relevant division Asset Protection and Security Services which confirm that services were indeed rendered and payment were due”
At the request of Sergeant Nkosi, Deputy Chief Dhlamini assisted his brother in securing a tender, including facilitating qualification of companies previously disqualified, which Deputy Chief Dhlamini denies and calls false and misleading.
“It is further alleged that at the request of Sergeant Nkosi who assisted his brother in securing a tender including facilitating the qualification of companies that had been previously disqualified. The argument that I have assisted Sergeant Nkosi's brother to secure tender is false and misleading”
Deputy Chief Dhlamini denied involvement in procurement stage influencing awarding of tender to Sergeant Nkosi or his brother and denied divulging internal confidential information.
“I was not involved in any procurement stage where I could have possibly influenced the awarding of a tender to Sergeant Nkosi or his brother. I deny that I have divulged internal confidential information to Sergeant Nkosi. I did not know of any company that was disqualified and could not have had any influence over procurement outcome”
Deputy Chief Dhlamini gave Sergeant Nkosi the names of two companies, Ngaphesheya and Elshaddai, and a list of seven other companies purportedly linked to the EFF that might get the tender, but denied leaking any confidential or sensitive information from the City, stating the information came from Mr Mathobela and was merely confirming preference for the two companies.
“I was literally confirming that the two companies would be preferred. It was a choice of words from Mr Mathobela to refer these companies as vehicles, which I adopted in relaying the message to Sergeant Nkosi.”
Deputy Chief Dhlamini explained he used Sergeant Nkosi to verify the companies with Mr Mnisi and Mr Julius Malema rather than directly contacting the CFO because he did not have Mr Mnisi's contact details but knew Sergeant Nkosi had a relationship with Mr Mnisi.
“I did not have the contact details for Mr Mnisi. I know Sergeant Nkosi to be having relationship with Mr Mnisi. I did not have the contact details for Mr Mnisi.”
Deputy Chief Dhlamini was visited by Mr Muzia and Sipho, known to him from student movement in the late 1980s, who came with the CFO and gave the CFO seven names of security companies; he then requested Sergeant Nkosi to verify the story with the CFO but found it was not true.
“I had a visit to my office by Mr Muzia and Sipho, the two I know from student movement in the late 80s, who came to have met with the CFO and gave him seven names of these security companies. I then requested Sergeant Nkosi to verify with the CFO the story and only to discover that it was not true.”
Deputy Chief Dhlamini admitted he did not literally confirm the two companies should be preferred but repeated that referring to the companies as 'vehicles' was taken from Mr Mathobela's wording.
“I was not literally confirming the two companies should be preferred. It was a choice of words from Mr Mathobela to refer these companies as vehicles. I adopted it in relaying the message to Sergeant Nkosi.”
Deputy Chief Dhlamini stated he referred Sergeant Nkosi to Mr Mathobela to assist with the compilation of tender documents because he knew Mr Mathobela and he worked with him for quite some time.
“I know him for a long time, he worked with me for quite some time, he was actually at ease to say I must contact him, speak to Mr Mathobela on his behalf.”
Deputy Chief Dhlamini validated that he has professional and face-to-face dealings with the CFO and knew where to find him, contradicting his claim of lacking the CFO's contact details.
“You have had some discussions with him, and you knew where to find him if you wanted to find him.”
Deputy Chief Dhlamini asked Sergeant Nkosi to verify with the CFO because it could be easier for the Sergeant to confirm information related to the CFO due to their closeness.
“I asked Sergeant Nkosi is because these people named Rob the name of the CFO, and I know that he is close to the CFO. It could be easier for him to verify that information.”
Deputy Chief Dhlamini confirmed standard municipal internal systems exist to find employees' contact details but stated his own cellphone number is not on the City system.
“In organisations such as the municipality Tshwane Municipality, there is an internal system or the network where if you are looking for somebody's name and you want to know which department they are, their email address and phone number, you can easily do that.”
Deputy Chief Dhlamini stated Sergeant Nkosi told him the CFO never met the people who claimed to represent the EFF and alleged to be bidders, and that the CFO did not know them.
“He told me that the CFO says he never met those people. He does not. He does not know them.”
Deputy Chief Dhlamini expressed uncertainty whether Muzia and Sipho were from EFF as they were known to him from student movement and last known as ANC members; he was puzzled by their claim to represent EFF.
“I cannot tell whether they are EFF. I know them from student movement. The last time I know them, they were ANC members. So, I am not sure whether they moved or what. That is what puzzled me when they came to namedrop, I meant the EFF thing.”
Deputy Chief Dhlamini stated the people claiming to represent the EFF and wanting to pursue bids were unknown to the City political structures and that he did not engage with politicians in the City.
“They claim to be representing the EFF, those people, to say these are bidders that they want to pursue. But I know that within the city I do not engage with politicians and so forth. For reasons best known to me, so much as I was puzzled in that regard.”
At the end of June financial year, the budget needed an uplift of R91 million due to exceeding the budget and inability to pay for sideline adhoc services, resulting in a letter drafted by Deputy Chief Dhlamini and approved by the Chief of Police and City Manager to authorize uplift funds payment.
“At the end of June... our budget needs an upliftment of R91 million because we have exceeded our budget and we could not pay for the sideline adhoc services... there was then, by the Chief of Police, a specific letter that was drafted in the department... signed off by the Chief of Police as recommended and requested, and the CFO to recommend it, and approved by the City Manager”
The report on challenges in the investigation was concluded by Internal Affairs and sent on 29 and 30 July, but a key witness, Inspector Phiri, was unable to be interviewed or provide a statement before finalization.
“this report was concluded on the email that was already sent on the 29th of July...sent to the Deputy Chief Dhlamini for his office...Unable to interview Malatji if he is suspended and suspended but unable to interview and obtain a statement from Inspector Phiri”
