The accounting officer has the authority to request to see the contents of a specific bid specification before the advert goes out.
“before advert goes out, that is the specification. At that point in time, if he wants, he could request a specific document and say I want to see the contents of this specification. He has that authority”
The accounting officer has to analyze the cost of compliance and if there are irregular expenditures, he will be held accountable.
“We have to analyse the cost of compliance ... if the there is irregular expenditure ... He will be held accountable. So the powers are with him, he can decide.”
The accounting officer relies on the work of the Bid Specification Committee (BSC) which is constituted by members of the department especially within supply chain management to evaluate the specification terms.
“The functions are delegated ... he trusts the work of the BSC as a result of them being constituted by members of the department, especially within supply chain management ... I rely on their work as well.”
The Bid Specification Committee analyses and assesses the terms of reference prepared by the user department and approves it accordingly.
“The user department prepares terms of reference and presents those to the Bid Specification Committee. The Bid Specification Committee analyses and assesses the contents of that and approves it accordingly.”
The primary reasons for cancelling TMPD-3 are contained in the probity report, which were not fully discussed here to avoid obfuscation.
“the reasons for cancelling TMPD-3 is not only the three reasons that are recorded in the report and I have raised that. And for the record, I just want to be clear. The primary reasons are contained in the probity report.”
Mr Mnisi agrees that although the accessed document was innocuous, the possibility that other non-innocuous bid documents could be accessed must raise alarm bells.
“if he has sourced a fairly innocuous document, it basically means nothing... that possibility of other documents which may not be innocuous must surely raise alarm bells. I agree to that.”
The Probitiy report on TMPD-1 did not identify any shortcomings related to document control and found no irregularities.
“the Probity report of TMPD-1 did not identify any shortcomings of that nature. That then, of course, gives me assurance that for TMPD-1, there were no shortcomings, documents were validated to be under lock and key, and there were no instances of irregularity that were picked up.”
Mr Mnisi admits to 'huffing and puffing' intentionally in response to a vehicle list discussion related to Sergeant Nkosi's directive.
“177 is the last instance of trigger. This is where I start huffing and puffing intentionally as well ... I clearly indicate to him that, Sergeant Nkosi, there is nothing I can do for you.”
Mr Mnisi confirms his understanding that Sergeant Nkosi wanted him to rig the tender in favour of Ngaphesheya and Elshadai, although it was framed as checking for compliance.
“That is exactly what I am saying ... He wanted me to prioritise that, yes ...”
Mr Mnisi denies knowledge of the request to cancel the award of tender TMPD3 and says he was not forwarded that message at all.
“Which is something I know nothing about. I do not know the gentleman who sent him that request. Secondly, he does not even forward me that message at all.”
Adv S Haskalson suggests and implies Mr Mnisi's relationship with Sergeant Nkosi was close and that Mr Mnisi tainted both tender processes he presided over involving Ngaphesheya and Elshadai.
“It looks very much like your very close relationship with Sergeant Nkosi tainted both of these tender processes that you presided over.”
Mr Mnisi disputes any bias or impairment of objectivity in handling tender TMPD1 or TMPD3 and vouches for the rigorous procurement process and probity report validity.
“There was no bias or any impairment of my objectivity in terms of handling both tenders...with a conclusive probity report from an external party validating that.”
Mr Mnisi explains the probity report was a critical part of the procurement process and was always considered with the bid adjudication committee resolution and could not be read in isolation.
“The probity report...must be brought on board when we are making conclusions...You cannot read the BAC resolution in isolation of the probity report.”
Mr Mnisi identifies specific references to the probity report in the BAC resolution documentation and stresses its importance and contextual reading.
“On page 29...Material irregularities identified by probity...The probity report was considered...The BEC interpretation changed based on probity report...”
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.”
Mr Mnisi acknowledges he should have asked his personal assistant to handle communication with General Dhlamini instead of using Sergeant Nkosi, but at the time it did not cross his mind.
“At this point in time, it did not cross my mind, Chair. ... I should have.”
Mr Mnisi confirms the existence of a Whatsapp conversation between Sergeant Nkosi and General Dhlamini, with delays in conveying messages causing inefficiencies.
“...you see that that, there is a screenshot then that Sergeant Nkosi sends to the General of your conversation. ... He then comes back to you at 9:48 saying he confirmed it will be sorted now. ... at 9:55, you tell Sergeant Nkosi: "Okay, it is not yet in my system." And he sends you an image of fingers crossed. ... We are seeing in this example is how the allegedly convenient mechanism that you are using to address this situation actually results in delay...”
Sergeant Nkosi communicates messages from General Dhlamini to Mr Mnisi with delays, and Mr Mnisi confirms their communication mechanism is inconvenient causing delays.
“The General communicates this at 20 past 12, you only learn about it from Sergeant Nkosi half an hour after that, at 12:52. ... You are nodding your head. ... Yes, I am agreeing to that.”
Budget increases for the TMPD require a motivation and approval by Divisional Heads within Supply Chain Management and Procurement, specifically Cain Mpofu and Vusi.
“It is a delegated function that is delegated to the Divisional Head within Supply Chain Management and the Procurement, so it would have been Cain as well as Vusi.”
Budget increases mean making funds available up to the end of the month without increasing the overall annual budget threshold; it involves adjusting commitments within the approved allocation to TMPD.
“So sorry, SC. We are going to make monies available up until the end of the month. The budget is approved, we are not increasing the thresholds of the budget, we are not making any additional funds available, it is just increasing what could be committed at this stage on the funds that are already allocated and assigned to TMPD for the full financial year.”
Sergeant Nkosi is involved in operational TMPD matters that do not relate directly to him, and the witness admits to inserting Sergeant Nkosi into these matters and sharing contractual documents between Tshwane and service providers with him.
“So, this is another example of you involving Sergeant Nkosi in operational matters that have nothing to do with him. Mr Mnisi, this is another example of you involving Sergeant Nkosi in operational TMPD matters that have nothing to do with him. Is that correct? Yes, Commissioner, it is correct. He is not inserting himself here. You are inserting him. You are sharing with him contractual documents between Tshwane and its service providers. Yes, Commissioner.”
The witness agrees that terminating contracts between Tshwane and its service providers involves Sergeant Nkosi and acknowledges it is appropriate as Sergeant Nkosi was already involved in the matter and this was closing the loop.
“Dealing with termination of contracts between Tshwane and its service providers. I agree with you, Commissioner. And you consider that appropriate? No, Commissioner. However, he was already involved in this matter, and this was closing the loop.”
Mr Mnisi agrees in hindsight there was a perception of conflict of interest but maintains his objectivity was not impaired at the time of signing the declaration.
“In hindsight, I accept that. I agree to the fact of there being a perception in general. ... I maintain that during me signing this declaration, my objectivity was not impaired”
ADV CHASKALSON says the conduct of Mr Mnisi sitting on the BAC (Bid Adjudication Committee) after Sergeat Nkosi's attempt to rig the tender renders the bid capable of being reviewed and set aside by any losing bidder.
“you were involved in Sergeant Nkosi's attempts to rig this tender, your conduct in continuing to sit on the BAC as a matter of law renders this bid capable of being reviewed and set aside by any losing bidder”
Mr Mnisi denies bias and asserts that the supply chain management process was followed properly, with external legal oversight validating the award; he denies interest in Ngaphesheya and states no impairment to his objectivity.
“At thorough Supply Chain Management process was followed ... an external legal firm played a significant oversight ... I have got no interest in Ngaphesheya ... on signing this declaration, my objectivity was not affected”
Sergeant Nkosi, a close friend regarded as brother for life by Mr Mnisi, had been approaching Mr Mnisi to rig bids in favour of his brother's company Ngaphesheya during a City bid process; Mr Mnisi had also been assisting Nkosi regarding another bid Ngaphesheya submitted elsewhere.
“Bheki's brother, Sergeant Nkosi is a close friend and someone whom you regard as your brother for life. Sergeant Nkosi had been approaching you, trying to get you to rig the bid in favour of his brother's company ... You had also been assisting Sergeant Nkosi in relation to a bid that Ngaphesheya had submitted to another organ of state”
During the City bid process, Mr Mnisi gave Sergeant Nkosi access to documents between the City and a competing bidder, including an invoice showing pricing used by that bidder.
“you had given Sergeant Nkosi access to documents between the City and one of the competing bidders in TMPD 1, including an invoice that showed the pricing used by that bidder in respect of the City”
Mr Mnisi admits Sergeant Nkosi is a close friend whom he regards as a brother for life but denies the need to disclose this fact to the law firm providing oversight on the tender process.
“Sergeant Nkosi is a close friend and someone who you regard as your brother for life. That is a fact. There was no need to disclose that to the law firm”
Mr Mnisi is repeatedly receiving messages from Sergeant Nkosi reminding him to check compliance of entities, but he does not recall receiving the names originally and is only thanking him for the reminder, not for the information.
“He sends me the names of the entities, he asks me to check for compliance. I tell him I do not recall during the phone call, I do not recall receiving these entities. He had sent them to me on the 11th of March. I do not recall. He said, I will remind you. He then sends it. Then, Chairperson and Co-Commissioners ... I say, I thank you for the reminder.”
Mr Mnisi states he does not check compliance on the documents because he is legally unable to; he explains that once he has said there is nothing he can do, he will not entertain further requests and considers further persistence as a waste of time.
“I clearly made it, I expressly made it clear to him there is nothing I can do to check compliance for you, this bid has closed. An individual who persists, once I have said, Chair, I am not going to waste my time and entertain that any further.”
Mr Mnisi expresses annoyance and eye-rolling at the persistent requests from Sergeant Nkosi and acknowledges receiving repeated requests on the same subject but does not respond for hours, clarifying he does not ignore them entirely but handles matters differently.
“I am at a stage where I am literally rolling my eyes now and I am getting a bit annoyed at this stage, at 57. This is the third instance where he is sending me the names. ... I ignore this, Chair. Clear distinction in time that ...”
Mr Mnisi denies ignoring Sergeant Nkosi’s texts for 4 hours on 25 March 2025 and clarifies that he responds within an hour directly to the issue of the companies, refuting the claim he ignored the messages.
“That is your response to Chair. And I am saying to you, that is incorrect because within an hour, you actually respond and your respond directly to the issue of the companies. So it is not a different incident. It is the same day, within an hour.”
Mr Mnisi claims that the persistent reminders and sending of names by Sergeant Nkosi are triggers for discussion, not initiated by Mr Mnisi but by Sergeant Nkosi.
“Is that not a trigger, Commissioner Khumalo? Is that not another trigger? With all fairness and with all due respect, do I initiate this again or does Sergeant Nkosi trigger this discussion again? With all fairness, it is a trigger from Sergeant Nkosi, Commissioner Khumalo. It is not me, hence, I am saying this is the fourth instance that this matter comes upon.”
The witness did not actively alert but was providing context based on public domain information and previous discussions, emphasizing that the entity was not compliant with minimum requirements and was not awarded the bid.
“Firstly, I did not actively alert... they were not compliant. They were not awarded on this bid in any case because they failed to meet the minimum requirements”
The messages referenced in the discussion were informal and the witness wanted to clarify that point in their testimony to the Commission.
“Chair, before we move on, it is just unfortunate that messages are informal and that is what I meant at this point. So I want to give that as my advice, as my testimony to the Commission in terms of clarifying the content of that discussion.”
There were two modes of communication discussed: a telephonic phone call and an SMS, regarding sending a list of companies to check compliance.
“Terms of requesting or modes of communication that are in front of us is two ways. The first mode of communication would be via a telephonic phone call. A second mode of communication would be via an SMS. In this instance, I did say to the Commissioner, to the Chair, as well as yourself, Commissioner Khumalo, that the phone call on 149 that took place at 326, is when we had a discussion clarifying the above.
On 148, he sends me the list of those entities and two other messages from there.”
The discussion was about sending a list of companies and was clarified in a telephonic call before the list was sent.
“This is where we have a discussion, and this is where he clarifies to me that he wants me to assist in checking compliance. So, the mode of communication might not have been in writing, but there was a telephonic phone call, from my recollection that where he explained why he is sending me the list of these companies.”
The phone call on page 149 explains why Sergeant Nkosi is sending the list of companies, and compliance issues come on board then.
“I have explained to the Commission that the second mode was a phone call, which happened on page 149, where he explains to me why he is sending me those companies, and this is where the issue of compliance come on board.”
There were multiple chats (around 390) between Mr Mnisi and Sergeant Nkosi demonstrating frequent communication and a developed friendship.
“Chair, indeed. Me and this guy used to speak all the time, and it is evident from the chats. We have more than, I think, 390 chats. He was my friend.”
Mr Mnisi denies ever inducing Sergeant Nkosi to send him a list of companies to break the law.
“From the best of my recollection, I would never and I would not induce him to send me a list of companies to break the law. I would never do that, Chair, and I did not do that.”
The term 'Mfowethu' used by Mr Mnisi typically means 'I have arrived' and was used to indicate arrival at a meeting venue.
“No, it would, this is, would mean me saying I have arrived. We were supposed to meet at a specific venue, as you will see beforehand. So when he says, 'Sharp, Mfowethu', and when I say 'Mfowethu', I am saying I have arrived, because immediately after that, I explain that I have arrived. It was not a form of acknowledgement. It was me telling him I have arrived where we were supposed to meet.”
The matter about the outstanding payments started with supply chain management, not with Mr M N I S I, contradicting General Dlamini's understanding.
“Gubis did not start with me . They started with supply chain management . And maybe we should go to GM 22 and 23 . They started escalating , so they did not start with me .”
The message Mr M N I S I sent to Sergeant Nkosi saying 'purchase orders as per requested have been approved' is a general message and not confidential information sharing.
“The second last text , no . There is nothing confidential about the text . It is a general message saying purchase orders have been approved .”
Mr M R M N I S I says the call from Mandla Mgcina was out of the blue and unrelated to an outstanding Gubis payment issue, which would have triggered contact from Mr Calvin Mahlangu.
“It was out of the blue for me as well . Had there been an issue on the outstanding Gubis payment , Mr Calvin Mahlangu had direct contact details of mine , he would have called me on that . That is the pure reason why we even had a light moment of this matter . It was purely out of the blue for me .”
Mr M R M N I S I denies that calls around 08:01-08:02 to Sergeant Nkosi about Elshadai and Ngaphesheya security services were about checking compliance.
“Not on those calls . The reason he sends me these is he is asking me to check compliance . But the reason for the calls , Chair , was general matters that we would always discuss on a daily basis .”
Mr M R M N I S I eventually understood Mandla Mgcina kept raising the matter persistently despite being told twice that it could not be done.
“Hence , I say , Chair , at this point I started to understand as well that he is not saying it in general terms , I see , but obviously he is still touting for the matter to proceed .”
A meeting took place at Jean Avenue with Sergeant Nkosi but General Mfowethu did not attend as he was committed elsewhere.
“The meeting with Sergeant Nkosi did take place . However , the General was not there . ... The General did not attend that meeting . He was committed on other matter”
Mr M R M N I S I did not initially consider it necessary to get General Mfowethu's number because they were still resolving the outstanding matter.
“At this point , I did mention that it was the hindsight view of mine , where I should have obviously gotten the General 's number at this point , but it was not necessary because we are still resolving that outstanding matter .”
Mr M R M N I S I admits to continuing to follow up outstanding matters personally to resolution, including billing issues raised by clients, despite formal procedures.
“I am a person who wants to complete matters end to end , even if it is a resident raising an issue on an account . Once that issue is being raised , I do make follow - ups with my colleagues . ... The purpose of this was for me to get feedback from the General in terms of what is happening . We can not just ignore this thing . I am not breaching any processes . I am dealing with the General who is part and parcel of the process .”
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 Prevention of Illegal Evictions Act (PIE Act) is legislation governing the tender related to illegal and invasion and illegal occupation of city's buildings.
“Illegal and invasion and illegal occupation of the City's buildings. ... That is TMPD competency ... That is PIE Act ... Prevent ion of Illegal Evictions Act.”
Tenderers must submit audited annual financial statements for the most recent three years or since establishment if less than three years, certified by independent auditors.
“Three years’ financial must be done by independent auditor and signed or certification that they have been audited. ... The bidder must submit signed, audited annual financial statements for the most recent three years, establish for a shorter period, submit audited annual financial statements from the date of establishment.”
Financial statements must be audited and signed off by an independent auditor to qualify in the tender process.
“Audited financial statements are financial statements that are audited. ... Yes. So what I am looking at there is the element which covered that ... If it is established for a short period, submit audited annual financial statements from the date.”
All tender requirements for documents such as lease agreements for vehicles and public liability insurance are mandatory as per GM13 specifications.
“Lease agreement for vehicles ... including five-tonne truck ... Lease vehicle, signed lease agreement by either director or company along with the title holder for certification. ... Public liability insurance for 10 years, for 10 million, apologies, it is captured for under seven, 166 ... These are mandatory requirements as per GM13, yes.”
The phrase "we" and "ours" in the context of the tender refers interchangeably to M R M N I S I and Sergeant Nkosi, not to the City of Tshwane or Nqaphesheya.
“I referred to me and Sergeant Nkosi ... not me and Ngaphesheya ... when I said we need that”
The tender advertised on 12 December and still open involved the supply, delivery, and offloading of refuse bags for the City of Tshwane over three years; advice was being given on key administrative and evaluation criteria for the open tender.
“advertising a tender for the supply, delivery, and offloading of refuse bags for the City of Tshwane for a period of three years ... regrouping was me giving advice in terms of key administrative requirements, mandatory requirements, as well as key evaluation criteria”
The requirement for Grade A guards mentioned in a text related to the tender referred to the needs of Sergeant Nkosi, not M R M N I S I or the City of Tshwane.
“So you and Sergeant Nkosi needed Grade A guards for the Ngaphesheya tender. No, not me. That is what he needed ... It is something that purely deals with me alone, but he would say yours”
M R M N I S I gave general advice on what the requirements are for a tender not related to the City of Tshwane but to another municipality, and confirmed it was not related to the City of Tshwane.
“I can confirm that I did provide general advice on what the requirements are ... it was not anything related to the City of Tshwane”
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”
Mr M R M N I S I states he has never met, communicated, or interacted with Mr Sibanyoni in any manner and has never had any direct or indirect engagement with him.
“I reiterate that I have never met, communicated, or interacted with Mr Sibanyoni in any manner whatsoever, nor have I ever had any direct or indirect engagement with him.”
Mr M R M N I S I states he has never met, communicated, or interacted with Mr Vusimuzi Catmlala in any manner and confirms no personal, professional, social, or official relationship has existed between them.
“I have never met, communicated, or interacted with Mr Vusimuzi Catmlala in any manner whatsoever. I accordingly confirm that no personal, professional, social, or official relationship has existed between myself and Mr Matlala.”
Mr M R M N I S I denies having any personal, business, financial, or other association with Gubis 85 Solutions (Pty) Ltd or its directors or shareholders.
“I have no, never had any personal business, financial, or any other association with Gubis 85 Solutions, (Pty) Ltd or any of its directors or shareholders.”
Mr M R M N I S I denies any relationship, direct or indirect, with Ngaphesheya Construction and Projects CC or any of its shareholders, directors, or representatives.
“I have no, nor have I ever had any relationship with Ngaphesheya Construction and Projects CC, directly or indirectly. I further confirm that I have no interest in or relationship with any of the shareholders, directors, or representatives of the said entity.”
Mr M R M N I S I states that Sergeant Nkosi persistently forwarded him names of two prospective bidders who were subsequently awarded as part and parcel of this panel.
“I do, however, wish to place on record that Sergeant Nkosi persistently forwarded me names of two prospective bidders who were subsequently awarded as part and parcel of this panel.”
Mr Mnisi's security detail was withdrawn by the City as a decision he accepted without protest or challenge.
“I accepted it. It is a City decision. If they decide to withdraw my security, all I can do is accept it and move on, even if they do not explain to me the reasons why.”
Sergeant Nkosi informed Mr Mnisi that Joe Mabunda is going on pension this year, information which Mr Mnisi considered as just additional information sharing without personal interest.
“It must have been additional information sharing, Chair. I had no interest in that. It must have been just informing what he was aware of.”
Mr Mnisi's VIP security detail was unceremoniously removed without proper explanation or due process by Mr Sipho Nkomo and Joe Mabunda, who are responsible for VIP services in the City of Tshwane.
“... Mr Sipho Nkomo, with his colleague ... unceremoniously removed my VIP security without explaining ...”
M R M N I S IDay 92 · 17 Apr 2026Refers to: about December 2025Location: City of Tshwane
Mr Mnisi's VIP protection was removed from about December 2025 and remained removed at least until the end of February 2026, during which time he had no protection officers assigned.
“A b o u t D e c e m b e r ... Ever since ... No ...”
M R M N I S IDay 92 · 17 Apr 2026Refers to: December 2025 to February 2026Location: City of Tshwane
Sergeant Nkosi was a friend of Mr Mnisi and was aware of the issue regarding the withdrawal of Mr Mnisi's VIP security, though he may not have known the identities of Mr Sipho Nkomo and Joe Mabunda at the time.
“Sergeant Nkosi was a friend of mine ... so we had discussed these issues ... he was aware of the circumstances that we were discussing.”
Mr Mnisi did not know the faces or positions of Mr Sipho Nkomo and Joe Mabunda despite knowing their names and that they were responsible for his security detail.
“I know their names but I do not know them by face ... I did not know where they sit and I did not know their faces.”
Mr Mnisi's security detail informed him that the brigadier in charge was the individual responsible for his security detail under the City of Tshwane safety structure, delegated by the Chief of Police.
“... my security detail would inform me that the Brigadier in charge would be this individual ... the Chief boss is the Chief of Police.”
Mr Mnisi explained that his role in the appointment of VC members and BEC compliance assessment is functional and based on department representation rather than personal knowledge of members' identities.
“I deal with hundreds of emails ... I check functions ... Once I receive confirmation the Chief of Police or a delegate have designated individuals, I am comfortable.”