Witness: Sergeant Fannie Nkosi. Evidence leaders: Adv Chaskalson SC.
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The ruling in the Witness Matter has been published on usual media platforms and the Commission's website making it publicly accessible.
“the ruling is now out there , it has been published on the usual media platforms and it has also been put upon the Commission's website .”
Sergeant Nkosi has protections against self-incrimination; answers given cannot be used in criminal trials against him, but he can assert privilege not to answer questions that may incriminate him.
“nothing that Sergeant Nkosi says in these proceedings can ever be used in a criminal trial against him ... he also has a privilege against self-incrimination”
Protection against self-incrimination does not extend to disciplinary proceedings, only criminal proceedings.
“this protection does not extend to issues relating to disciplinary matters but do not translate to the criminal process and criminal proceedings”
Sergeant Nkosi confirmed that Mr Mnisi is the CFO of Tshwane and recorded in WhatsApp chats as CFO Pumalanga.
“yes , I confirm ... That is recorded in your WhatsApp's as CFO Pumalanga”
General Dlamini is the Deputy Head of the Tshwane Municipal Police and is referred to in chat as 'General Dlamini Undercover'.
“he is the Deputy of the Tshwane Municipal Police, Deputy Head of the Tshwane Municipal Police Department ... listed in your chats as General Dlamini undercover”
Mr Modise (Bonzo Modise) is the Deputy Mayor of Tshwane over this period.
“He is still a Deputy Mayor”
The BAC chaired by Mr Mnisi awarded a security tender 1/24-25 related to land invasions and land protection to Sergeant Nkosi's brother's company.
“he chaired the BAC in respect of tender 1/24-25 , which was the security tender in relation to land invasions and land protection that was ultimately awarded to your brother's company”
Mr Mnisi also refers to General Dlamini as 'General' in the chats.
“Mr Mnisi also refers to him as General”
Sergeant Nkosi clarifies General is a rank, but states Dlamini is a Deputy Chief and ranks differ from their own.
“I refer him as General, but he is a Deputy Chief ... the ranks they are different than with us”
Sergeant Nkosi confirmed that Mpho Lekukela is recorded in chats as Luka Nico.
“there is Mpho Lekukela, and he is recorded in your chats as Luka Nico”
There was some tension between him and the CFO, and someone tried to broker peace between them.
“there was some tension between him and the C F O , and that you had tried to broke a peace between them”
Sergeant Nkosi stated Mpho Lekukela was working in Rustenburg administration office in late 2024/early 2025 and had moved there by late 2024.
“he is working in Rustenburg in administration office there in Rustenburg ... Yes, he had moved”
An individual had previously been employed by the Tshwane Municipality as a senior admin before moving to Rustenburg.
“H a d h e p r e v i o u s l y b e e n e m p l o y e d b y t h e T s h w a n e M u n i c i p a l i t y ? ... I t h i n k h e w a s s t i l l a s e n i o r a d m i n”
Vivian Morodi is a member of the Municipal Council of Tshwane representing Action SA.
“Is she a member of the Municipal Council of Tshwane ? ... That is correct ... Representing which party ? ... Action S A .”
Sergeant Nkosi does not know who Victor or Cain Mpofu are, despite their mention in chats related to the investigation.
“Would that be Victor Kgopa ? ... I do not know him ... Do you know who Victor is ? ... No ... Would that be Cain Mpofu , who is the Divisional Head of Supply Chain Management in Tshwane ? ... I do not know him .”
Mr Mnisi became CFO of Tshwane between 2022 and 2023, but Sergeant Nkosi is not sure of the exact timing.
“When did Mr Mnisi come to Tshwane ? When did he become the CFO ? ... I cannot be sure . Between maybe 023 or 2022 , I am not sure .”
Sergeant Nkosi shared an interest in biking with Mr Mnisi and frequently sent him pictures of three-wheelers he had bought for others.
“I have sent these pictures to him because we share the same interest of biking ... you send him a series of pictures of , it is the three wheelers , like the three wheeler that you bought for Mr Msibian and Mr Mthakathi ... those pictures continue all the way down to page 48 , and you sent them to him on the 15th of November”
Sergeant Nkosi and Mr Mnisi communicated about a draft letter to respond to the Hawks' requests.
“He in fact sent you a draft of the letter that he proposed to write back to the Hawks and he asked you to read it and to confirm that it was in order .”
Mr Mnisi asked Sergeant Nkosi for advice on how to deal with the Hawks in relation to certain investigations.
“Mr Mnisi asked you for advice in relation to how he should be dealing with the Hawks .”
Sergeant Nkosi responded to Mr Mnisi's draft letter with 'Send. We just saw it now. I am with Zungu,' indicating consultation with Warrant Officer Zungu at the Hawks.
“You responded to him : “Send . We just saw it now . I am with Zungu .” So , in fact , you were speaking to Warrant Officer Zungu , who is in the Hawks , together this advice also on how it would be appropriate to respond to this letter from the Hawks .”
Sergeant Nkosi stated that the dress code for the event to pick up Mr Mnisi was to wear a black T-shirt to avoid attracting attention.
“He says : " Just normal , my brother , black T-shirt . I do not want to attract too many eyes ."”
Sergeant Nkosi sent Mr Mnisi a copy of the warrant of arrest for Mr Khawula on 7 December.
“On the 7th of December , we see that you sent Mr Mnisi a copy of the warrant of arrest for Mr Khawula .”
Mr Mnisi did not physically come down to Kroonstad with Sergeant Nkosi to execute the operation involving Mr Khawula.
“Initially when I read the chats , I thought that maybe Mr Khawula had come down , sorry , Mr Mnisi had come down with you to Kroonstad , but I think now that my initial understanding was incorrect , he did not come down with you to Kroonstad , did he ? ... Yes , that is correct .”
Sergeant Nkosi planned to pick up Mr Mnisi the next morning to do something together, likely related to the operation.
““ M f o w e t h u t o m r o w . ” He responds : “ M f o w e t h u : Yes please . I am going to that place . I have to be there by 9 am . ” And you say : “ Dress code , time to collect you at your place . ” ... So from that I infer that you were taking , you and he were going somewhere together then next morning .”
The operation plan involved waiting for Mr Khawula at 23h00 to be on stage and then arresting him because he had been gossiping about politicians, though Sergeant Nkosi denied this was the primary reason.
“You explained to Mr Mnisi in relation to Mr Khawula : “ We are waiting for him at 23 h 00 to be on stage , then we arrest . He stopped to gossip about politicians . ” ... Did you understand that the reason for this hunt for Mr Khawula was primarily to stop him gossiping about politicians ? ... No .”
Mr Khawula had published material about Minister Mbalula, which concerned General Sabiya.
“One of the reasons you understood General Sabiya to be so concerned about this case was that Mr Khawula had published material about Minister Mbalula .”
General Sabiya was probably highly prioritizing stopping Mr Khawula from publishing material about Minister Mbalula.
“Stopping him publishing material about Minister Mbalula was probably quite high in General Sabiya's list of priorities .”
Sergeant Nkosi had developed a close friendship with Mr Mnisi by the end of 2024, as evidenced by New Year's greetings exchanged on January 1, 2025.
“those greetings reflect a friendship that has, as strong friendship that has now developed ... by the end of 2024, you had a close friendship with Mr Mnisi”
General Dlamini sent Sergeant Nkosi a chat message on 12 July 2025 commenting that Nkosi had 'captured' Mr Mnisi and that Mr Mnisi would not want Nkosi to leave him.
“General Dlamini says to you : 'Morning Captain, I can see, Ukuthi, you have captured uMfowethu and he would not want you to leave him.'”
Sergeant Nkosi confirmed that 'captured' meant he was close to Mr Mnisi.
“According to my understanding, it was I am close to Mr Mnisi.”
Sergeant Nkosi understood General Dlamini's message as instructing him to stay close to Mr Mnisi forever.
“In terms of our relationship, myself and Mr Mnisi, that is how I understood him.”
Sergeant Nkosi confirmed that General Dlamini knew about his relationship with Mr Msibi.
“That is correct.”
Sergeant Nkosi denied that the reference to 'Babawakhoongasekho' was about the late Mr Msibi.
“That is incorrect.”
Sergeant Nkosi did not know who 'Babawakhoongasekho' referred to.
“I do not know.”
Sergeant Nkosi said he acknowledged receiving General Dlamini's message and understood it to mean he was close to Mr Mnisi, but he did not understand the reference to 'Babawakhoongasekho'.
“I am just acknowledging the message that he sent ... I received it ... I understood the content ... I would not understand when he said, 'uBabawakhoongasekho' ... I just responded that I have ...”
Sergeant Nkosi confirmed that the great things Mr Mnisi would do for him included bringing happiness as friends.
“Bring happiness as friends.”
Sergeant Nkosi stated that the 'great things' Mr Mnisi would do for him were related to enjoying life and spending time together as friends.
“Great things. Just great things in life , you know , enjoy life and according to my understanding , spend time together , having fun together. To me , those were great things .”
Sergeant Nkosi organized a birthday celebration for a school field at an address sent to Mr MMC Morodi on 2 December 2024.
“You send MMC Morodi an address in Theresapark ... that was an address of a school field where you had organized a birthday celebration for her.”
Sergeant Nkosi stated that the address given was an orphanage spa where unprivileged young women were being helped, and that a woman thanked him for making her birthday special by giving her that opportunity.
“it was an address of where there were, let me, orphanages. At that time they were visiting that address, and there were girls. It is a, if I can quite remember, it is a spa. I wanted her to address those ladies”
Sergeant Nkosi confirms that the document sent to him was an internal City of Tshwane document dealing with tenders for land leases, specifying details about the proposals, approvals, and cancellations.
“this looks like a internal City of Tshwane document dealing with tenders for land leases, which explains the specifications that were put out, the proposals that came in, which were recommended, which lease have been recommended for cancellation, and which proposals had been approved by the Bid Adjudication Committee”
Sergeant Nkosi says the project related to the land lease tenders was already closed when the document was sent to him, and that the document was publicly available, as told to him by the woman who sent it.
“this project, according to my understanding then, it was already closed ... It was on a public platform ... Because of she told me so”
Sergeant Nkosi denies having any interest in the land leases from the Tshwane Municipality, stating it was just a discussion topic between him and the woman who sent the document.
“I did not have any interest”
Sergeant Nkosi sent to Mr Mnisi a message clarifying a mistaken reference to a judge's office, about assistance on how to respond to the Hawks' query.
“Zungu, I think I mistake office of DPCI Judge. I think I wrote Sammy Marks. It should be Tramshed. Please confirm before the guys send message”
Sergeant Nkosi was inquiring from the CFO why his brother was not getting success in terms of the task related to procurement.
“I am not in a position to comment on that. All I was doing was to enquire from the CFO why my brother was not getting any success in terms of the task or whatever required to be done.”
Mr Mnisi sent details of a tender for supply, delivery, and offloading of refuse bags for the City for three years, indicating a need to regroup on it.
“Mr Mnisi sends you details of a tender that has a compulsory briefing session on the 21st of January. It is for the supply, delivery and offloading of refuse bags for the city for three years and he says underneath: 'Mfethu, I have sent the above to Bheki, we need to regroup on it.'”
Sergeant Nkosi understood that 'we must regroup on it' as meaning he and his brother must meet to discuss the tender.
“Okay, my understanding was maybe we must meet together, myself and my brother.”
Sergeant Nkosi stated that neither he nor his brother were going to play any official role in relation to the award of the tender.
“He was not going to play anything. That is correct. That is correct.”
Members of the Directorate for Priority Crime Investigation (DPCI) attempted extortion connected to investigations of procurement irregularities in Tshwane.
“It was an attempt to extort the CFO by the members of DPCI Stock Exchange.”
The City of Tshwane is investigating alleged cases of corruption involving municipal officials in the Supply Chain Management and Finance departments related to awarding tenders without following proper processes, leading to financial loss.
“This office is investigating alleged case of corruption against City of Tshwane municipal officials attached to Supply Chain Management together with Finance officials. It is alleged that about four entities were awarded tenders without following proper Supply Chain Management processes leading to the City of Tshwane municipal departments suffering financial loss.”
On 22 November 2024, members of the Hawks visited the City of Tshwane and left a suspicious brown envelope at the securities office, not following proper procedures in their inquiry about Tshwane.
“On the mentioned date, that is 2024 date, it will be the 22nd of November, there was a visit by the member or the so-called member of Hawks into the City of Tshwane. They then came with a brown envelope. They left this note to the securities downstairs for the securities to call or to give it to the CFO. Because the CFO knew me, he found it very odd that if those members were legit and something that they had was legit, why did not they come to his office or follow proper procedures if they have any inquiry about Tshwane, about him representing Tshwane, following the proper procedures?”
An enquiry number provided was about theft of cable and unrelated to the content of the letter.
“they found out that this enquiry number was something of theft of cable or something, something that has nothing to do with what it is written here on this note”
Members of the DPCI delivered a letter at security without asking for a meeting and hand-delivering it to the recipient.
“members of the DPCI had delivered this letter at security and had not, as it were, asked for a meeting with him and hand-delivered it to him”
The CFO received a call indicating members of the Hawks were looking for him, related to the extortion matter, leading to a conclusion that the letter was a scam or extortion attempt.
“the CFO then received a call... telling him that no, there are members of Hawks there, they were looking for you... that is how now it comes to this page... we came to a conclusion that... it was a scam, or it was an extortion”
The CFO wrote back requesting the email address to ensure sensitive information reaches the correct recipient as per the letter.
“the CFO was writing back to these people: “Good morning, sir. Please confirm if this email address belongs to Captain Carlo.””
The CFO was cautious and requested confirmation of email addresses before sending sensitive info related to a letter.
“Apologies for inconvenience, who is ... and what is their relationship to this matter? The reason I am asking is because we want to send sensitive information”
Sergeant Nkosi usually refers to General Sibiya as 'number 1' due to his interactions and saved contact, even though the initials JS do not match his first name.
“I usually have interactions with him about General Sibiya. I call him number 1. I think it was General Sibiya... I call him number 1.”
Sergeant Nkosi is unsure why the shorthand 'JS' is used to refer to General Sibiya and was unable to give a clear explanation.
“I really do not know why he used JS and why I used JS... I do not know.”
Sergeant Nkosi exchanged WhatsApp chat with Mr Mnisi on 30 April 2025, sending a PIN at 15:28.
“It is your chat with Mr Mnisi. It is the 30th of April 2025... you will see a message where you send a PIN to Mr Mnisi... that message has timestamp 03:28:33... 15:28 in the afternoon on 30th”
Sergeant Nkosi exchanged WhatsApp messages with Mr Sibanyoni and Mr Mnisi involving an access code to Centurion Residential Estate for a 4 o'clock meeting on 30 April 2025.
“you send a screenshot of your chats with Mr Sibanyoni to Mr Mnisi ... He sends back an access code to Centurion Residential Estate ...this screenshot is sent on the 30th of April ... you say to Mr Sibanyoni at 18:31: "Kgotsong Sion, I am ready." ... he sent you an access code, entry code, to a residential estate for a 4 o'clock meeting”
Sergeant Nkosi could not recall why he informed Mr Mnisi that he was still at the location of Mr Sibanyoni when he sent the screenshot of the chats.
“I cannot remember as to why did I tell him ... may be myself and Mr Mnisi were supposed to be, or to go somewhere ... then something came up ... then I informed him that this thing has come up, I have to go somewhere”
Sergeant Nkosi was sending many pictures, including about 45 pages of photos of an expensive red Dodge Ram vehicle, to Mr Mnisi for his opinion because Mr Mnisi was more knowledgeable about cars.
“you have sent 45 pages of pictures of vehicles ... why were you exchanging pictures of vehicles with Mr Mnisi ? ... I sent him because he is more knowledgeable about cars ... several pictures of the Dodge Ram ... price ... specs ...”
Sergeant Nkosi denies buying the red bakkie for about 2.35 million Rand, stating he was just sharing pictures for opinion and was not interested in or connected to it personally but with his brother who wanted to buy one.
“No, I do not have that money ... I had to show him what is his view ... my brother was looking to purchase a bakkie ... we were just shopping around ...”
Sergeant Nkosi sent extensive pictures of a red bakkie valued at around 2.35 million Rand to Mr Mnisi to get his view on it, though Nkosi claims he did not have the money to buy it himself and was "window shopping" with his brother who wanted to purchase a bakkie.
“I do not have that money ... something that was very beautiful ... I had to show him what is his view ... like when you do the window shopping ... my brother was looking to purchase a bakkie ...”
Sergeant Nkosi sent 45 pages of photos of vehicles to Mr Mnisi consisting mainly of a red vehicle and some white vehicles to get his view on the aesthetics of the vehicles.
“You sent 45 pages of photographs principally of this red vehicle ... and white vehicles ... just to get this view on the aesthetic qualities of both vehicles ... that is correct ...”
Sergeant Nkosi admits to taking photos of the red bakkie at a dealership in a residential area and sharing the vehicle details and price with the CFO for opinion on whether to buy it.
“You obviously were very close to it when you took the pictures ... it was in your presence when you took these pictures ... this was at a dealership ... yes ... just gone there to look for vehicles ... you even asked the price just to share with the CFO to show him this beautiful vehicle ...”
Sergeant Nkosi could not recall the purpose of the meeting with Mr Sibanyoni at his home on 30 April 2025 and did not have many meetings at that home.
“What was your meeting with Mr Sibanyoni about on the 30th of April 2025? I cannot remember ... Do you have many meetings with Mr Sibanyoni at this home? No ... About how many have you had at this home? One or two, I am not sure”
Sergeant Nkosi sent details of his conversation with Mr Sibanyoni along with the PIN to Mr Mnisi.
“Why would you have sent details of your conversation with Mr Sibanyoni together with the PIN to Mr Mnisi? ... Yes, the PIN and the screenshot”
Sergeant Nkosi states the Dodge Ram 200 vehicle is his brother's vehicle which was advertised at R1,000,099 but purchased at a lesser amount possibly around R600,000 or R700,000.
“That is correct. ... My brother's vehicle. ... No, it was advertised as R1000099. ... But he got it, if I am not mistaken, plus minus seven or six, I cannot remember. ... I think so.”
Sergeant Nkosi does not know who bought the red vehicle retailed for 2.2 million.
“And you do not know who bought the red vehicle that was retailing for 2.2 million? ... I do not know. ... Yes.”
Sergeant Nkosi says he has no dealings whatsoever with General Sibiy (or Sibanyoni), despite a referenced communication about 'handling' him and a concern about being worried in December 2024.
“Did you and Mr Mnisi have any dealings at all of any nature with General Sibiy? ... No. ... There were no dealings. ... Yes. ... So when he asks, should we be worried, he is just talking out of the air. There is no basis for him to say this because there are no dealings whatsoever.”
Sergeant Nkosi confirms he received a message from Mr Mnisi asking 'Is General winning?' and he replied he is 'onto him'.
“You will see that Mr Mnisi sends you a message: 'Is General winning?' And you say: 'Morning, my brother, I am onto him.' ... That is correct.”
Sergeant Nkosi says he does not know who Cain Mpofu, Vusi, or Tommy are, despite messages involving them concerning processing an issue for Mfowethu Ukuthi and increasing a target value.
“Cain would be Cain Mpofu. ... I do not know him. ... You do not know him ... Do you know who Vusi is? ... I do not know him. ... Do you know who Tommy is? ... I do not know him.”
There was a phone call to the CFO from a person complaining about unpaid payments owed to their company, threatening to take the city to court if not paid.
“The CFO received a call from a person whom I did not know. And he said he was complaining about the payments that were not made to his company or her company. And her company worked. So, as a result, I think it was a lot of money that was owed to them. As a result, they complained to CFO, threatening to take the city to court if they do not get their payment.”
The disgruntled supplier complained about unpaid invoices to the CFO and the city manager of Tshwane.
“They are threatening to take the city to court. They have also engaged or conveyed the same message to the city manager of Tshwane.”
Sergeant Nkosi engaged with General Dlamini to address the payment crisis with the unpaid company invoice; General Dlamini requested an invoice to confirm the details.
“Then, I have engaged with General Dlamini Umashi. Then I said, the CFO has got this crisis of payment, and the company that they are owing, they are threatening to take the city to court. Then General Dlamini said, let him send you that invoice on the particulars of the company. Then I took the same and forwarded it to General Dlamini.”
The company 'Gubis' was the source of the unpaid invoice complaint.
“I think it was about Gubis.”
General Dlamini confirmed that the unpaid invoice was valid and the company had never been paid.
“General Dlamini checked the invoice, and he also found that indeed that company worked, and it was never paid. Then he came back to me, he said, indeed, this complaint is valid because of this company, never worked.”
Sergeant Nkosi had no prior dealings or knowledge of the people owning Gubis and was not familiar with the company before or after the incident.
“No. Not that I can remember. No.”
Payment was eventually made to Gubis after the issue was resolved with the help of General Dlamini and Mr. Mnisi.
“I think that payment was made to them. They were paid.”
Sergeant Nkosi was driving the CFO's car when the CFO received a call from a disgruntled supplier complaining about unpaid payments.
“I was driving the vehicle. That is correct. I hear the CFO taking a call in the car from a disgruntled supplier.”
Sergeant Nkosi was helping the CFO by giving the invoice document to General Dlamini since he was driving the CFO's car at the time.
“I was helping the CFO. By giving the document to General Dlamini. It was not an issue for the CFO to give it to General Dlamini, but at that time when the information was received, it happened that I was driving on one vehicle with the CFO.”
Sergeant Nkosi made phone calls to General Dlamini while driving to try to sort out the payment issues with the unpaid invoice.
“While you were driving, you made some calls to General Dlamini to try and sort all of this out? That is correct. I phoned him.”
Sergeant Nkosi intervened voluntarily in a payment dispute between the CFO and a disgruntled supplier after overhearing a call.
“The CFO did not need me to intervene. I volunteered. I do not want to push a narrative that it seems the CFO wanted me to intervene.”
The problem in payment was with the TMPD (security department) who had not processed or signed off invoices, delaying the CFO's ability to pay the service provider.
“The problem lay with the TMPD... They had to do something before the CFO could pay - they had to sign off on the invoices.”
Sergeant Nkosi overheard the CFO complaining to a disgruntled supplier about non-payment issues and decided to assist by ensuring payment was processed.
“I was only helping the CFO with the frustration that the service provider was threatening to take the city to court. So, as a result, the CFO was getting frustrated... That is how I intervened.”
General Dlamini, head of finance at TMPD, needed to verify and sign off documents before the CFO could approve payment to the service provider.
“I think he will need to verify all the documents submitted before him. And then that is when now he is going to instruct or he is going to follow necessary or do necessary arrangement for the payment to be done.”
Sergeant Nkosi volunteered to act as intermediary in the communication between General Dlamini and the CFO, which otherwise involved bidirectional mediation through messages and screenshots over hours.
“Your way was simpler. You were speaking to the General conveying the General's words to the CFO, speaking to the CFO, taking a screenshot of your exchange with the CFO, sending it to the General, getting the General's response, relaying it to the CFO. This goes backwards and forwards for about 4 or 5 hours.”
Sergeant Nkosi knew General Dlamini since youth but denied being friends, describing him as a father figure.
“I have known him since youth stage... General Dlamini can never be my friend... He played a father figure role in my life.”
Sergeant Nkosi was involved as a middle person in facilitating payment requests between the CFO and General Dlamini due to his relationship with General Dlamini.
“you would have been that involved , or been the middle person , because of your relationship with General Dlamini”
The general communicated to the CFO about winning and working on multiple purchase orders and invoices which require scanning and uploading individually before payment can be processed.
“Yes , we have won . Busy with creating requisitions , plural , and at the same time releasing them , plural , in order for buyers , plural , to create purchase orders , plural . The process is long , as invoices , plural , have to be scanned and uploaded individually . And our trust will include the entire process before 17H00 . As soon as the buyers , plural , have created purchase orders , we will create service entries and submit them for payment .”
Sergeant Nkosi says he was trying to help the CFO through General Dlamini and did not have deeper involvement than that.
“it was just me trying to help the CFO through General Dlamini , that is all”
Sergeant Nkosi denies being able to comment on whether he was dealing with one invoice or multiple invoices but admits to forwarding multiple communications related to payment queries between the CFO and General Dlamini.
“you were intervening .”
Sergeant Nkosi admits to intervening on at least one invoice by forwarding it from the CFO to General Dlamini for follow-up.
“I was to intervene on this one invoice”
Sergeant Nkosi states his intervention was simply forwarding the invoice from the CFO to General Dlamini to look at it, not direct intervention.
“it was a matter of the CFO sending it to me , then I send it to the General so that he must look at it . Not that I was intervening in the way it sounds”
Sergeant Nkosi's intervention involved giving General Dlamini and following up on an invoice matter to ensure payment issues were addressed.
“My intervention in this matter was to give General Dlamini and to make follow-ups with that effect”
Sergeant Nkosi understood the General's message to mean that they would adjust the budget to facilitate payment and he passed this message to the CFO.
“according to my understanding about that message, it was for the General to inform me that they will adjust the budget and the payment will be made. It was the message that he sent to me to send it to the CFO.”
The General instructed that the budgets would be adjusted to ensure payment despite the amount being higher than expected.
“I have spoken to Cainan and Vusi also to increase the target value as the amount is a bit higher. And as soon as all of them are released, all of them, more than one, I will let you know for his intervention to ensure that Tommy makes payment urgently.”
Sergeant Nkosi did not know the full meaning of the General's message but was passing it on to the CFO.
“I do not know what the General meant at that time. I am explaining the message that he wrote to me.”
Sergeant Nkosi stated he was merely passing the message and did not think it would be a problem for Cainan and Vusi to communicate through him despite his lack of knowledge in municipal finance.
“I was just passing the message. So, I did not think that it would be a problem for them to communicate through me. So, I took it from the General to the CFO. My understanding was that they were going to adjust the budget so that the outstanding invoice would be paid.”
Sergeant Nkosi knows Gubis and that it is a security company, but does not know who exactly represents it or any details beyond that.
“I do know Gubis. I do not know. I do not know them. I know that Gubis is a security. That is correct. I only know that it is a security company.”
Sergeant Nkosi was informed about a planned meeting involving Gubis, Cainan and the General, but the General declined the meeting aiming to keep communication centralized.
“I think the General was informing me that there was a meeting that was to be held by Gubis and Cainan and him now. That is the General. So, the General declined that meeting because according to me, understanding this message, he wanted the centre of communication to be one.”
Sergeant Nkosi denies that he knew the communication was about bidders for the TMPD contract in 2024-25, which included his brother's company as a successful bidder.
“That is not true.”
A termination letter from Mr. Revo Spies to Gubis was forwarded by Sergeant Nkosi to the General following concerns that Gubis was operating without approval and non-compliance, leading to the order to terminate services.
“The General confirmed that, indeed, he is the one who instructed – who is this one? Spies because this company was working without any approval process or something. But I remember along those lines, he informed me that, that he recognised this company and he alleged that he is the one who informed that this company is not compliant, so they must terminate.”
The CFO and General Dlamini communicated via intermediary using screenshots sent through a witness' phone to avoid leaving electronic communication trails regarding payment of invoices involving Gubis material.
“the CFO and General Dlamini have been communicating in relation to this matter through you and through screenshots that have been passed through your phone”
There is a sinister reason for using indirect communication to facilitate irregular payments by changing budgets and increasing target values to extort money from the City.
“there is in fact a more sinister reason for this, which is that if this whole process of increasing target values, extending budgets and the like to facilitate payment of invoices is being done irregularly to extract money out of the City, the General and the CFO would not want to communicate in this regard in the manner in which officials normally communicate”
The CFO used an intermediary due to the witness's family relationship with the General, leveraging that relationship to persuade the General to act in circumstances the CFO could not.
“the CFO thought that because of your family relationship with the General, you would be to persuade the General to do things that he as CFO might not be able to persuade the General”
The use of an intermediary obscured the communication trail to conceal irregular conduct within the municipality.
“by interposing you between all of their communications, they leave an electronic trail that suggests that they never speak to each other. So they are able to communicate in relation to irregular conduct within the municipality without leaving an electronic trail that suggests that they have done so”
Sergeant Nkosi denies that the communication through the witness was to conceal irregular payments.
“That is not true. ... That is correct. That is so.”
Sergeant Nkosi saw no problem with continuing involvement in Gubis Security affairs even three months after contract termination.
“I did not see any reason, I did not see any problem for me to continue even beyond that three months of continuing to be involved in this process .”
Sergeant Nkosi was involved with Gubis Security because other security issues were not brought to him.
“The reason is that other security issues were not brought to me. That is why I did not involve myself in them as much as I was involved with Gubis.”
Gubis submitted a bid for tender 1 of 2024/25 and the deadline for bids for that tender was 2 October 2024, with all bids submitted by 28 November 2024 and are bound by the principle that bids cannot be altered after submission.
“on the 28th of November 2024, the General sent you in chat number 7 a document headed TMPD01-2024-25... the correct deadline for submissions of bids is 2 October 2024... by 28 November, if there is a list of all the tenders received with their bid prices, then the deadline for submission must have passed... so by 28 December, all bids had to be in... And are you aware of the principle of public procurement that you are bound by your bid and that after you have submitted your bid, you may not alter it ?”
The preferred vehicle bidders for the tender were identified by the General, Sergeant Nkosi, and Mr Mnisi.
“the General, yourself, and Mr Mnisi identified as the preferred vehicles for this tender”
The company listed as Ngaphesheya Construction and Projects was misspelled and disputed to be the actual name of Sergeant Nkosi's brother's company; however, Sergeant Nkosi admitted his brother submitted a tender and was a successful bidder.
“there is a misspelling of your brother's company, Ngaphesheya Construction and Projects... name is spelled wrongly... I deny it was my brother's, my brother's Ngaphesheya... I do not deny my brother submitting a tender... my brother as successful bidder for this tender”
Triotic Protection Services is associated with Mr Modise, the Deputy Mayor.
“Triotic is a company group associated with Mr Modise, the Deputy Mayor”
There was denial about the correct name of the brother's company but acknowledgment of tender submission and success by Sergeant Nkosi.
“I deny it was my brother's ... I do not deny my brother submitting a tender. Yes, according to me”
Sergeant Nkosi confirms sending a photo of Joe Mabunda in response to a query from the CFO on 26 February 2025.
“your respond by sending a photo of Mr Nkomo . And the CFO then say underneath : “ Okay, taking him off this one , pointing up at that photo .””
Sergeant Nkosi sent a photograph with a Facebook link to Mr Mabunda, stating Mr Mabunda is retiring this year.
“you then below that says : “ I am sending Joe Mabanda , but he is going on pension this year . ” And you send a photograph with a Facebook link to a picture of Mr Mabunda .”
Sergeant Nkosi did not know why the CFO was interested in who Mr Nkomo and Mr Mabunda were.
“Now, do you know why Mr Mni si was interested in who Mr Nkomo and Mr Mabunda were ? I do not know .”
General Dlamini sent messages on 9 March about two vehicles for land: Ngaphesheya Securities and Elshadai Security Services.
“The two vehicles for land are on Ngaphesheya Securities and two Elshadai Security Services .”
Mr Nkomo and Mr Mabunda were the two departmental representatives from the TMPD on the Bid Evaluation Committee for this tender, knowledge Sergeant Nkosi did not have.
“Did you know that they were the two departmental representatives from the TMPD on the Bid Evaluation Committee for this tender ? I do not know .”
General Dlamini received a list of seven companies from an individual or group called CIC Juju and sent the same list to the CFO for verification.
“He sent me the same companies to send to CFO to verify, as in he knows about these companies, and are these companies legit or is it true the way they are saying that they were sent by Juju ?”
General Dlamini sent a list of seven companies on 11 March, identified by the Red Berets, asking to check authenticity with Mfowethu.
“The above is from the Red Berets . Please check with Mfowethu if it is the same with his from CIC Juju to verify the authenticity .”
The purpose of verifying with the CFO was to ascertain whether the company names indeed came from Juju, explained by Sergeant Nkosi.
“The reason was to ascertain if indeed these names, these companies’ names did come from Juju so that the CFO could be assured of that .”
No one, including Juju, has the right to influence tenders by indicating preferred bidders, according to the interpreter's response.
“Is anybody, Juju or anybody else, entitled to influence tenders by indicating who their preferred bidders are ? ... No, they did not have that right .”
General Dlamini had this company name but was unsure if they were just name dropping from Juju CIC; he wanted to ascertain this fact from Mr Mnisi.
“Mr Dlamini did have this name, but he was not sure if they are just name dropping to say that they came from Juju CIC . He wanted definitely to ascertain with Mr Mnisi that fact .”
Sergeant Nkosi sent two companies, Ngaphesheya and Elshadai, to Mr Mnisi to assist his brother to secure the contract.
“The reason for giving this name of Ngaphesheya was to assist my brother to secure the contract .”
Sergeant Nkosi sent names of Ngaphesheya and Elshadai to Mr Mnisi to verify that they comply with the requirements of the tender.
“So when you sent to the CFO, to Mr Mnisi, the name of Ngaphesheya and Elshadai, you wanted the CFO to verify that they comply with the requirements of the tender ? That is correct .”
Elshadai is a company that Sergeant Nkosi's brother usually works with in joint ventures for stadium or big events.
“Elshadai is a company that my brother usually works with in terms of the joint venture when they are working in stadium or in big events .”
Yesterday Sergeant Nkosi claimed no interest in Elshadai, but today admits knowing that Elshadai usually participates in joint ventures with his brother's company.
“Yesterday you did not know who Elshadai is , but today you know that they usually participate in joint ventures with your brother 's company .”
Sergeant Nkosi requested General Dlamini to ensure his brother got the job.
“You said that you requested General Dlamini to do something to ensure that your brother got the job .”
Sergeant Nkosi requested General Dlamini to assist his brother to secure a job related to a tender.
“Your requested General Dlamini to do something and assist your brother towards securing the job, job in respect of the tender. Not so?”
Sergeant Nkosi did not make a similar request regarding Elshadai, but the same person was also doing Elshadai.
“No, but it happens that the same guy was doing also Elshadai.”
Sergeant Nkosi was intermediary for communications between General Dlamini and the CFO regarding preferred companies for demolition tenders.
“What it seems to me is taking place here is once again, you are placing yourself as the conduit for communications between the General and the CFO and you have asked the General in the wake of last week's conversation about these seven extra companies that the Red Berets want.”
Gubis, a bidder for a tender, approached the General asking to meet him, and the CFO agreed that the General should meet with him to report back outcomes.
“the General's message that he has been approached by Gubis, who want to meet him ... Gubis is also one of the bidders on this tender”
Sergeant Nkosi sent names of two companies to the CFO to check if they were compliant, as informed by the General, and confirmed that the companies were compliant.
“I sent these companies to the CFO to check if these companies are compliant according to what has been informed by the General to me that indeed through that person who helped these companies, they are compliant”
The companies listed are the preferred vehicle providers for the tender and the list was compiled by Nico, an outsider referred by General Dlamini in Tshwane.
“a list of bidders who Victor has a mandate to award this tender to ... This list, it was the list that was compiled by Nico ... Nico who was referred by General Dlamini who is an outsider to Tshwane ... I sent to General Dlamini ...”
The 'land tender' or 'demolition tender' seeks to protect city land from illegal invasion and to demolish shacks built illegally.
“this tender I am putting to you is known as the land tender or the demolition tender. It is to protect city land from land invasion and to demolish shacks if people invade city land”
The General reported meeting with Gubis and Cain. He instructed them they must deal only with the CFO, Mfowethu, and that he would only assist if indicated by the CFO. Protocol must be observed at all costs.
“After noon, Captain. I had a meeting with Cainan and those guys today ... I have to told them they should go back where they started Mfowethu ... Protocol must be observed at all costs ... He is not going to deal directly with them, if they want anything they must go to the CFO”
Sergeant Nkosi denies having been instructed to hold a meeting with Gubis and Cain that he was to report on afterwards without the CFO.
“No.”
A message from a General indicated a meeting with Cain and others concerning Mfowethu, instructing that protocol must be observed and Mfowethu is the only gateway.
“After noon, Captain. I had a meeting with Cain and those guys today, as I indicate. I have to told them they should go back where they started Mfowethu. I said to him he is the only gateway, they cannot go with the back door. I will only be able to assist if I get an indication from Mfowethu. Protocol must be observed at all costs.”
The General instructed to let him meet with Gubis and Cain and then report back, refusing to meet them directly.
“Let the General meet him and then he will brief us of the outcomes of the discussion when we meet later Mfowethu. So when we see this message at page 522, four days after that exchange with the General and the CFO, we see a message saying: Afternoon, Captain. I had a meeting with Cain and those guys today, as I indicate. I have to told them they should go back where they started Mfowethu. I said to him he is the only gateway, they cannot go with the back door. I will only be able to assist if I get an indication from Mfowethu. Protocol must be observed at all costs.”
Sergeant Nkosi does not know the proper channels to complain about the tender in Tshwane.
“I do not know what is the proper channels to complain about the tender in Tshwane, so I cannot comment on that.”
The appropriate person to approach for complaints relating to this tender was the CFO, who should be the point of contact instead of meeting with Gubis.
“And in this case the appropriate person to approach for complaints around this tender was the CFO. Remember, they were complaining about the tender.”
The General told Sergeant Nkosi that protocol must be followed, meaning proper channels through the offices at Tshwane.
“I think what was nice was when the General sent me a message that he said they must follow protocol. I think protocol is to follow proper channels to go to the offices at Tshwane.”
Mandla Mgcina is someone known to Sergeant Nkosi from Soshanguve and is a nephew of Mr Sibanyoni.
“He is someone I know from Soshanguve.”
Sergeant Nkosi says he cannot comment on the missed calls of the CFO but acknowledges that Mr Mgcina is frustrated because the CFO does not answer his phone calls.
“I am saying I am not going to comment on what you said earlier that the General has turned down Mr Mandla Mgcina. Now Mr Mgcina is frustrated. He is calling the CFO and the CFO do not answer his phone. I am saying I cannot comment on that.”
Mandla Mgcina is trying to get hold of the CFO on behalf of Gubis, who has approval from the CFO for this course of action; Mgcina is repeatedly calling the CFO who is not answering.
“The General has had a meeting with Mr Mandla Mgcina in relation to Gubis. He said do not speak to me, speak to the CFO. The CFO has then approved of that course. And now Mr Mgcina is desperately trying on behalf of Gubis to get hold of the CFO. That is what we are seeing.”
Sergeant Nkosi refuses to comment on missed calls of the CFO from Mandla Mgcina.
“I would not comment on the missed calls of the CFO.”
Despite refusing to comment on the missed calls, Sergeant Nkosi admits sending laughing emojis and a message that Mandla Mgcina 'is looking for you'.
“But you did comment at the time. You sent four laughing emojis and the message he is looking for you.”
The General sent a preliminary list of non-compliance issues regarding the Ngaphesheya bid dated 3 April, demanding several documents to rectify the tender.
“On the 3rd of April, in chat 3 and chat 4, the General sends you a preliminary list of non-compliance issues... Please push Bheki to submit the above documents.”
Nico was involved as a tender document specialist to assist with compliance issues for a security project bid related to Tender 1/2425 in Tshwane.
“Nico was there to assist with compliance.”
It is over six months after the bid submission deadline for Tender 1/2425 (October) and Nico still had not ensured the bid was compliant, but this was due to the bid process being closed and no further submission could be made, relating to a different project in Mpumalanga.
“It is now six months since the bid submission deadline. Remember, the bid submission deadline was in October.”
The General and Bheki Fana (likely the brother referenced) were involved in discussions with Nico Mathobela concerning tender compliance.
“And you will see that chat is a chat between the General, Bheki Fana... and Nico Mathobela.”
The General noted that the bid specified Grade B security guards, but the City required Grade A, and asked for information to correct this issue.
“The General says: 'Ngaphesheya is Grade B and has nothing in the documents... We need Grade A guards.'”
The bid relating to Tender 1/2425 in Tshwane had deficiencies including non-certification by PSIRA, director being Grade B rather than Grade A as required, missing licensed firearm registration, no proof of Provident Fund contributions, missing ICASA lease or license, missing bank rating, no list or photos of vehicles/tools, no reference or experience indicated, wrong CSD report attached, and no rates and taxes clearance certificates.
“There were 12 independent grounds on which your brother's bid should have been disqualified... including the PSIRA certificate not certified, director Grade B, letter of good standing Grade B, no licensed firearm registration, no proof of Provident Fund, missing ICASA agreement, no bank rating, no list of tools or vehicles, wrong CSD report, no rates and taxes certificates.”
The CSD registration report provided was for another company named Nkabela II Trading and Projects, not the brother's company.
“The CSD registration report... was not for your brother's company. It was for a company called Nkabela II Trading and Projects.”
SERGEANT NKOSI denies that there were valid grounds for disqualification of the brother's bid based on the deficiencies listed.
“That is not true.”
Adv Chaskalson SC alleges four propositions including that Sergeant Nkosi and the CFO conspired to award a manifestly non-compliant bid (by Sergeant Nkosi's brother), and that the bid was impermissibly altered more than six months after the submission deadline without leaving an electronic trail between the General and CFO.
“the following propositions ... your brother's bid was manifestly non compliant and should have been disqualified ... you, the General, and the CFO conspired to ensure that this manifestly non compliant bid was nonetheless awarded the tender ... you achieved that outcome by impermissibly altering the bid and supplementing the bid at a date more than six months after the bid submission deadline ... the CFO and the General never communicated directly with each other in a manner that would leave an electronic trail ... instead communicated indirectly through you.”
Sergeant Nkosi denies that he, the CFO, and the General orchestrated anything and says all documents were compiled by the tender documents specialist before the tender submission deadline.
“the statement that you just uttered is false. Myself, the CFO, and the General did not orchestrate anything ... all the documents were there because they were compiled by the tender documents specialist.”
Sergeant Nkosi explains that late submission of documents was due to his brother not knowing places or people outside Tshwane, and that the project was ongoing contrary to being closed six months before.
“my brother did not know places or people ... this was done later ... it is the ongoing project. Ongoing project.”
Sergeant Nkosi states that the General is involved because he intervenes between Bheki and Nico to ensure progress, as Nico assists Sergeant Nkosi's brother with tender documents but the General's role is supervisory.
“the General is involved because if I ask him to intervene between Bheki and Nico ... Nico was sending the General now because Bheki was playful or not taking it seriously or was too busy ... the General makes sure that Nico does what is expected of him.”
Sergeant Nkosi confirms that Sergeant Nkosi's brother's company was awarded the tender, and Elshadai also got the tender, but he does not know about Gubis.
“according to me, yes ... I do not know.”
Adv Chaskalson SC alleges Gubis initially was not included on a vehicle priority list dated 25 March but ended up on the tender list after complaints and intervention by Mandla Mgcina with CFO, with instructions from the General to use only the CFO as the official gateway.
“there were seven companies which did not include Gubis ... The General said, do not speak to me, there is only one gateway, it is the CFO ... Mandla Mgcina then started calling the CFO regularly and then lo and behold, Gubis found their way onto the list.”
General would never say that documents were outstanding if the deadline had been met and all required documents submitted by Ngaphesheya.
“The General would never do that.”
As of 13 April 2025, five documents were outstanding and the General was asking Sergeant Nkosi to push Bheki (his brother) to submit them.
“After noon, Captain. I trust you are well and your family. Please push Bheki.”
The five outstanding documents were indeed outstanding for a tender as of 13 April 2025.
“Please push Bheki to submit the above documents. That is the list of the five documents in chat number 3.”
The outstanding documents do not relate to the Tshwane tender previously discussed.
“You say that the outstanding documents listed here by the General do not relate to the tender that we have been discussing. Did you not just say so?”
The five documents relate to the Tshwane tender discussed throughout, although Sergeant Nkosi initially could not recall which tender.
“I think they relate to the Tshwane one.”
Sergeant Nkosi says the documents were not outstanding, contradicting logical inference that they were outstanding for the brother's tender as of 13 April 2025.
“No, they were not outstanding,”
General meant the documents were outstanding but not for the project or tender under discussion.
“He meant they were outstanding but not on this project.”
Sergeant Nkosi states the CFO of Tshwane and General Dlamini were discussing a tender in Mpumalanga because the CFO was trying to help where he could.
“According to me, it is not the matter of maybe in a bad way, but he is trying to help where he could.”
It is coincidental that while the Tshwane CFO was assisting with a tender in Mpumalanga, he was also evaluating a bid in Tshwane where Sergeant Nkosi's brother had submitted a bid.
“That is my submission to my Honourable.”
Sergeant Nkosi denies it is proper that the CFO of Tshwane evaluate a tender where his brother submitted a bid and at the same time assist him in a tender in another municipality.
“No, no, no, no. Commissioner, he was not assisting us in assisting. He was knocking on doors, I am just saying.”
The CFO of Tshwane allegedly knocking on doors to assist is seen by Advocate Khumalo as assistance, implying a potential improper assistance during bid evaluations in Tshwane and Mpumalanga.
“Knocking on doors for you or your brother, that is assistance. So while he is evaluating your brother's bid in Tshwane, at the same time you are forwarding to him things that relate to a tender in Mpumalanga, and he is helping you at the same time that he is evaluating your brother's tender in Tshwane. And what I find exceptionally odd is this.”
Sergeant Nkosi states that sometimes his brother might have misplaced documents which added to why documents were outstanding for a tender.
“You would find that at that particular time, when my brother submitted those documents, maybe he might have misplaced them somewhere. So that can also add to why he was outstanding.”
Sergeant Nkosi says it is highly improbable that for Tshwane they would have been compliant but not for Mpumalanga because one set of documents can be used for multiple tenders within the same calendar year.
“It is highly improbable that for Tshwane you would have been compliant, but for Mpumalanga you would not have been compliant. It just does not make sense.”
The tender in question relates to a vehicle lease agreement including a five-tonne truck for a Tswhane tender already submitted and pending decision.
“this exchange was not about knocking on doors trying to get business, but in fact related to a tender that has been submitted already... It says lease agreement of vehicles... including a five-tonne truck... This is the Tswhane tender.”
Bheki submitted the wrong document for the vehicle lease tender, submitting a quotation instead of the required agreement with photos.
“Bheki has submitted the wrong document, a quotation instead of an agreement...”
Sergeant Nkosi claimed the five-tonne truck was needed for the tender, but the Chair states that the tender is related to guarding a mall, which contradicts the tender requirement.
“you have said the five-tonne truck was required for the Tswhane tender earlier... Now you are saying this is related to guarding a mall...”
The tender is specifically a Tswhane tender, not related to Mpumalanga as claimed by Sergeant Nkosi, who is accused of being untruthful about the tender's location and nature.
“you are not being truthful when you say this is Mpumalanga and it is about knocking on doors... This is specific. This is a Tswhane tender... everything you say about Mpumalanga is untruthful, in fact.”