MFMA

Under the MFMA, the rates and taxes must not be in arrears for either the company or the directors before awarding a contract; this is a mandatory requirement in the tender specification.

“The MFMA contains a provision that the rates and taxes that are submitted must not be in arrears. ... Or. ... Yes.”

The BAC's powers, including the power to refer back to BEC, are delegated through the MFMA and SCM policy to the City Manager who delegates further to the Bid Adjudication Committee including Mr Mnisi as chairperson.

“It is in the delegation of authorities ... the roles and responsibilities of the Bid Adjudication Committee as per the MFMA ... delegated to the City Manager, who further delegates them to myself (chairperson) and other members serving on the Bid Adjudication Committee”

A witness denied involvement in politics or tender awarding and stated no confidential information was shared with Sergeant Nkosi; tender awarding process is guided by MFMA, Act 53 of 2003, and SCM policy with no direct or indirect involvement from the witness.

“I am not involved in any politics nor interfere with any awarding of tenders and there is no confidential information that I have ever shared with Sergeant Nkosi. The process to award tenders in the city is informed by MFMA, Act 53 of 2003 and SCM policy. I have not been directly or indirectly involved in the awarding of tenders.”

Because a new tender could not come into place, it had to be extended procedurally as per MFMA regulations, which was done.

“Because the new tender could not come into place, then as per the MFMA, you will have to extend it in a certain procedural manner, which we have done.”