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”
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”
At the beginning of the financial year, finance sections create requisitions and POs for the entire year even though invoices and deliveries occur progressively.
“At the beginning of the financial year, the finance section accounts payable, once the budget get loaded, they create requisitions, they create PO’s. I think I have given an example, for instance, we have a uniform tender. They will create PO’s at the beginning of the financial year”
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.”
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 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.”
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.”
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.”
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 .”
Nico confirmed to Deputy Chief Dhlamini that the bids for Ngapesheya Security Services and Elshadai were compliant for the land invasion tender in Tshwane.
“Nico sent a message to me ... usually you will see my writing ... then I share the message , I edit and then read and add whatever that I want to add and forward .”
Sergeant Nkosi wanted to know from Nico whether the bids of his brother's company Ngapesheya and Elshadai, which is Mr. Hlatshwayo's company, were compliant.
“So Sergeant Nkosi wanted to know from Nico whether the bids of his brother ’ s company , which is Ngapesheya , and the bid of Elshadai , which is Mr Hlatshwayo 's company , were compliant ?”
There was no need for Sergeant Nkosi to communicate the compliance information about the bids to anyone else inside the City other than possibly Elshadai and Ngapesheya.
“And there would be no need for Sergeant Nkosi to communicate this information to anyone else other than possibly Elshadai and Ngapesheya ? ... That is correct .”
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 .”
Musian and Sipho were name-dropping and taking chances by pretending to be connected to the CFO to access money from companies.
“It is common knowledge , SC , that people sometimes take chances . They moonlight , and many people are name-dropping people ' s names . For instance , they indicated they were with the CFO , which is not true . ... They do many things just to access I mean money from companies and so forth .”
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.”
Nico Mathobela would confirm to Bheki the bid was compliant and ready to be submitted before the closing date in October.
“Now presumably, before that bid goes in, Nico has said to Bheki, we have now ticked all the boxes, our bid is compliant, we can now submit it, it is now a question of price and BEE. That was Nico’s job, was it not?”
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.”
The term 'preferred people' is procurement technical language meaning bidders who are preferred to get the award.
“preferred people means bidders ... preferred commissioners ... it is technical language ... preferred bidders would ordinarily mean bidders that are preferred for the award.”
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.”
The inquiry related to historical events that happened prior to the submission of bids in October and was considered useless information that served no purpose.
“This is an enquiry that relates to something historical that happened in October. It is closed in October... It would have served no purpose, so it was an enquiry that was not taking anybody anywhere. Useless information.”
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 communicated via WhatsApp with the CFO, Ngaphesheya Security Services, and Elshadai Security Services about preferred bidders involving Nico, Ngaphesheya, and Elshadai.
“Sergeant Nkosi WhatsApp’s back to the CFO, Ngaphesheya Security Services and Elshadai Security Services ... I understand that you are asking who Nico helped. I have already told you it is Ngaphesheya and Elshadai.”
Sergeant Nkosi and the CFO exchanged messages indicating resolution of the issue involving Ngaphesheya and Elshadai by 9 AM on 18 March.
“...after Ngaphesheya and Elshadai, at the foot of 152, at the top of 153, the CFO writes back, thanks my bro, and Sergeant Nkosi sends him a thank you emoji... All of this is still happening before 9 o'clock in the morning on the 18th of March.”
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 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 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 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.”
Victor Kgopa is identified as the person working at Supply Chain and understood to be chairing the Bid Evaluation Committee (BEC) for this bid, although Deputy Chief Dhlamini is unsure about the chairing role.
“Victor, I knew Victor as the person who works at Supply Chain ... I think so ... Chairing the BEC on this bid ... I am not sure about it.”
Deputy Chief Dhlamini relayed to Sergeant Nkosi that the preferred bidders list given by Nico to Victor was the mandate he was told Victor must work with, implying Victor must give preference to these companies in procurement.
“this list of companies is the mandate that was given to Victor ... Viktor must work on those companies ... Viktor must give preference to those companies in the procurement process.”
Deputy Chief Dhlamini gave the list from Nico to Sergeant Nkosi and said Sergeant Nkosi should stop looking for other bidders because Victor already has the preferred bidders list.
“I gave it to Sergeant Nkosi to say ... already Victor has given a list of preferred bidders.”
Deputy Chief Dhlamini admitted that Nico was communicating with Victor, believed to be the Chair of the BEC, providing him with a list of companies to be given preferred bidder status for the TMPD01 tender.
“Nico had been communicating with Victor and had told Victor that these seven companies ... are the companies that should get the tender ... Nico had given Victor a mandate to appoint seven companies for this bid.”
Deputy Chief Dhlamini acknowledged that the list from Nico was given to Victor, then passed on to Sergeant Nkosi, despite Sergeant Nkosi asking for a list of other bidders.
“I gave it to Sergeant Nkosi to say, but you are still looking, but this is what was given already ... you are looking for something else, this is what I am being told.”
Deputy Chief Dhlamini denies referring bidders to Nico, clarifying that he only referred Sergeant Nkosi to him to help Bheki with assembling compliant bids.
“I do not refer bidders to Nico... I only referred Sergeant Nkosi to say let him help Bheki.”
Deputy Chief Dhlamini confirmed that Nico claimed to have gone to the Chair of the BEC and given him a mandate to appoint seven companies for this bid.
“Nico is now telling you that he has gone to the Chair of the BEC and given him a mandate to appoint seven companies for this bid ... that is what he said.”
Deputy Chief Dhlamini said he cannot confirm Nico's claim of attempting to corrupt the procurement process but acknowledged many people claim to have connections to benefit others.
“I do not know whether this was true or not ... people might claim sometimes ... I cannot confirm that.”
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...”
Deputy Chief Dhlamini describes how people falsely claim connections with officials to secure benefits, implying the preferred bidders list may be a false claim.
“People will tell people and say, I know this judge ... just to benefit ... the same thing that other people do, especially with supply chain processes ... there is a lot of bogus people who claim sometimes to be having connections ... while it is not true.”
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...”
The Chairperson challenges the adequacy of the list given to Sergeant Nkosi, asserting it does not answer his enquiry about who else was assisted by Nico.
“How could that be a response to Sergeant Nkosi's latest enquiry? The two just do not correspond... The question is who else was assisted by Nico? And what you get is not a response to that...”
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.”
A person from outside the City called Nico claimed to have given a mandate to the head of the Bid Evaluation Committee (BEC) to rig a tender in favor of seven companies, and one potential perpetrator admitted to doing this, though Deputy Chief Dhlamini considers this claim may not be truthful.
“someone from outside the City, Nico, had come to you, claiming to have given a mandate to the head of the BEC to rig a tender in favour of seven companies ... You had one potential perpetrator admitting that he had done this ... That is what he claimed, which might not be truthful”
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”
If a third party from outside the City comes as a complainant and lodges a complaint about a mandate to manipulate the bid in favour of seven companies, Deputy Chief Dhlamini would investigate if the complaint is put into a statement.
“if a third party from outside the City came as a complainant and lodge a complaint that Nico ... had said he had given a mandate to the Chair of the BEC to manipulate the bid in favour of seven companies, would you investigate that? Correct ... The third party, I believe, could have reduce it into a statement”
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”
Sergeant Nkosi insisted on getting Nico to give him 10 additional companies to B7 for checking compliance, and Nico was to put them in order of priority after evaluating compliance.
“Sergeant Nkosi insisted that I need to get Nico to give him 10 additional five companies to B7, that he wants to give it to the CFO to ensure that he is able to check for him if they comply accordingly, and I must indicate that Nico must put it in order of priority in terms of the requirements”
Nico previously provided only two companies (Ngaphesheya and Elshadai) as compliant, but later Sergeant Nkosi requested an additional five companies to make a total of seven.
“The initial request was that he gives me an additional company on top of Ngaphesheya so that there might be two. Now currently he is looking for additional five companies.”
Sergeant Nkosi wanted to give the list of companies to the CFO to check if they comply with tender requirements, although the CFO is not a member of the Bid Evaluation Committee (BEC).
“Sergeant Nkosi requested me that he wants to give them to the CFO to check for him the companies. He indicated that he wants to check with the CFO if they comply, they meet all the requirements.”
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.”
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 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.”
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 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 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 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 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 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 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.”
Adv Chaskalson SC asserts that after the bid closing date of 2 October, no one could legally change any bid documents and bids that were not compliant would not have been passed by the BAC.
“The bids closed on 2 October ... if a bid document was compliant, it would go through the BAC. If not compliant, it would not go through the BAC”
The texts related to the tender process do not mention checking for compliance but convey that companies to be given vehicles for land are listed in order of priority.
“nowhere in any of the texts is there any suggestion that what you are looking for is questions of compliance ... they talk about our vehicles for land to be given Mfowethui in order of priority”
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”
The CFO intends to look at the bid documents to check if bidders were compliant, which he was not allowed to do and admitted he could not see the documents until the first meeting of the BAC.
“He is going to look at the bid documents to see if these bidders were compliant. And he is not allowed to do that. He has admitted he cannot see any of these documents until the first meeting of the BAC.”
The CFO and Sergeant Nkosi use the pronoun 'ours' to describe the list, which is understood as a way of referring to each other closely, potentially indicating collaboration.
“That is how they speak with Sergeant Nkosi. Then he indicated it is ours because that is how they refer to each other.”
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 showed the Deputy Chief a WhatsApp screenshot of communication with Sergeant Nkosi listing vehicles to be given to Mfowethu in order of priority, confirming the list as final between them.
“Captain, find below our vehicles for land to be given to Mfowethu in order of priority, Elshadai Security Services. Response from the CFO is: This is ours, Mfowethu. This is the final list, right? And Sergeant Nkosi responds: Yes, it is ours, the final list.”
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?”
Sergeant Nkosi and the Chief Financial Officer (CFO) discussed bidders in an ongoing tender process for the City of Tshwane, with communication shared involving a list of bidders and a final list.
“You know what he is saying. You have seen all of this correspondence, including this communication between the two of them, where they are talking about this being a final list and him saying I am on top of it.”
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.”
The bid procurement process for the City of Tshwane, including specification preparation, tender publication, bid submission, evaluation, and final award is confirmed as a procurement process.
“That is correct, Commissioner, that is a procurement process.”
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.”
Sergeant Nkosi reports that Nico promised to help but has now stopped answering his phone, requesting the General to intervene to avoid further delay.
“Nico promised to help but now is no longer answering his phone. Please check Nico. I will push Bheki. These people must know it is one thing and they must work as a team, not the other way. And then please, General, intervene. We cannot lose now. We have been waiting for this for a while.”
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.”