Major Lebogang Andrew Phiri confirms that he is currently suspended from official duties and is offering his statement in response to allegations publicised by Lieutenant General Nhlanhla Mkhwanazi on 6 July 2025 and subsequent notices dated 27 March 2026 and 2 April 2026.
“I wish to place it on record that I am currently suspended from my official duties. The statement is therefore not intended to exhaust this, but promised on providing responses to the questions raised in the notice ...”
Major Phiri states he has been employed by the City of Tshwane municipality since 2008, responsible for security deployments in road policing without any disciplinary issues over 15 years.
“I have been employed by the municipality since 2008. For the past 15 years, I have been responsible for handling security deployments without any prior disciplinary issues.”
Major Phiri derives his authority to issue instructions for ad-hoc security deployments directly from Director Tshukudu Malatji, including specific instructions to manage ad-hoc services for Water and Sanitation issued on 9 January 2025 via email.
“I derive my authority to issue instructions for ad-hoc security deployments directly from Director Tshukudu Malatji and the instruction to run the process and handling of ad-hoc for Water and Sanitation was issued on 9 January 2025 via email, Annexure LA01 and LA02.”
Engineer consultant Herman Segolela sent urgent requests via email on 25 and 27 November 2024 to Mr Tshukudu Malatji for the provision and placement of security personnel at two pump stations, but did not receive a response.
“On the 25th of November 2024, Mr Segolela sent Mr Tshukudu Malatji an email. ... Mr Herman Segolela, engineer consultant, follows up on the 27th and says: “Good day. Kindly receive below email that was sent to you on your work email. I was not aware that your email has a problem receiving messages.” ... I believe he does not get the response. That is my ...”
Herman Segolela sent a follow-up email on January 6th urgently requesting security deployment due to vulnerability to further vandalism at vulnerable sites.
“Mr Segolela writes another email , says : Mr Malatji , kindly , urgently confirm you may be able to deploy security as the sites are vulnerable to further vandalism .”
On 31 December 2024, there was an agreement and actual deployment of security guards at Gubis to protect against vandalism, but Major Phiri stopped the deployment as he was not present and could not do it himself.
“He was saying deploy. In fact, he had already made arrangements for Gubis to deploy... I stopped it on the 31st and I said I am not around and I cannot do it... I stopped it.”
Deployment instructions for security guards were given verbally by Herman Segolela to Gubis, confirmed by WhatsApp message and a phone call.
“When they talked to me it was a WhatsApp message and then a call from Herman Segolela... Mr Herman Segolela had spoken to Gubis... deploy at these sites where there is vandalism.”
Director Tsukudu Malatji sent an email on 9 January 2025 at 09:15 and 20:45 from his Gmail account to Doctor Kwapeng Madihlaba regarding a request from Mr Herman from the Department of Water and Sanitation for further handling and monitoring of security deployment.
“The most important email will be dated Thursday, 09 January 2025... from a Gmail account of Director Tsukudu Malatji. He is sending the email to Doctor Kwapeng Madihlaba... He says: Good evening. Kindly find request from Mr Herman from the Department of Water and Sanitation for further handling. Please get Phiri to run with the process and let us monitor the progress.”
Major Phiri was responsible for overall coordination and command as security coordinator for municipal departments experiencing security vulnerabilities.
“It is just a document to show why Director Malatji will know that I am in overall coordination and command. It is me.”
There was an emergency in late December 2024 and early January 2025 regarding sabotage and vandalism of reservoirs and pump stations in all seven regions of the City of Tshwane.
“During late December 2024 and early January 2025, an emergency arose regarding severally sabotaged and vandalised reservoir and pump stations, including infrastructures situated in all seven regions of the City of Tshwane.”
MAJOR PHIRIDay 96 · 23 Apr 2026Refers to: December 2024 - January 2025Location: City of Tshwane
Major Phiri did not personally allocate security deployments but received instructions from Herman Segolela who did the allocations and identifications.
“Now, the deployment is no longer on my hands. It is on Mr Herman Segolela. He allocates, he identifies.”
On 6 January 2025, a meeting was convened involving Director Tshukudu Malatji, Herman Segolela, Dr. Kwapeng Madihlaba, and Major Phiri where Segolela complained that Phiri's delay in deploying security caused multimillion rand damages due to theft and vandalism.
“On 6 January 2025, a meeting was convened involving Director Tshukudu Malatji, Herman Segolela, Doctor Kwapeng Madihlaba, and myself. During this meeting, Mr Segolela formally complained that my delay to deploy security blindly had cost the department an estimation accounting to millions of rands in damages due to theft and vandalism.”
Criminals intentionally vandalized reservoirs and pump stations to halt the flow of water to enable illicit operators to draw and sell water illegally from municipal hydrants.
“There is an established modus operandi whereby criminals intentionally vandalise the reservoirs and pump stations to halt the flow of water. Once the municipal water supply is stopped, illicit operators utilise water tankers illegally draw water directly from municipal hydrants to sell.”
MAJOR PHIRIDay 96 · 23 Apr 2026Refers to: December 2024 - January 2025Location: City of Tshwane
Major Phiri actively resisted deploying guards at two specific pump stations as he had not conducted physical site inspections to verify the extent of vandalism and instructed halting deployments by 31 December 2024.
“I actively resisted deploying guards at that time and instructed the service provider to halt my deployments by 31st December 2024, as I was out of Pretoria, I had not yet physically verified the locations or extent of the vandalism.”
Major Phiri stated he could not authorize deployments without conducting physical site inspections first.
“I reiterated to Director Malatji that I could not authorise deployments without conducting physical site inspections... I am doing physical site inspections now.”
Reservoirs and pump stations are located far from communities and criminals vandalize the infrastructure to force the department to replace pumps, which are usually stolen again within seven days, hence security must be deployed before replacement to guard the site adequately.
“Reservoirs and pump stations are located in areas that are far from the communities... criminals will vandalise the pump station and the department... will replace the pumps. And within seven days, they will be stolen again... what a normal practice is that before they replace, we put security first so that when they replace, security is already there now guarding the place.”
Criminals sell stolen water drawn illegally from municipal hydrants via water tankers, which operate through a City tender to supply water through water tankers.
“In the City there is a tender of supplying water through water tankers... So, if pump stations are vandalised and sabotage, now the communities need water. Water tankers must start working.”
The protective service provider known as Gubis 85 Solutions was chosen by the management of Water and Sanitation Department.
“Regarding the specific allocation of these protective services to the service provider known as Gubis 85 Solutions, I must state unequivocally that the company was chosen by the management of Water and Sanitation Department.”
The Water and Sanitation Department specifically mandated the use of Gubis 85 Solutions (Pty) Ltd and refused to engage multiple service providers for budgetary and administrative reasons.
“The Water and Sanitation Department specifically mandated the use of Gubis 85 Solutions (Pty) Ltd citing that they were already using this service provider ... refused to engage multiple different service providers for budgetary and administrative reasons.”
Major Phiri was not involved in the deployment of the company in May 2024 and started being involved only in January. The usage of Gubis at sites in May 2024 was without his knowledge, and Mr Herman Segolela or his bosses must explain this use.
“while following the proceedings, there were assertions that in May 2024 this company was deployed to certain sites and I was involved. And I cannot... I will just say it is incorrect... I started being involved in January... I want to put it clear that if Mr Herman Segolela or his bosses come here, they will have to explain why they were using it without the knowledge of APSS. So, I was not involved in that one.”
The department was already using Gubis prior to Major Phiri's involvement and owed approximately 2 million for services rendered that were unpaid.
“the department was already using Gubis before I was even involved... approximately 2 million generated by Gubis for service rendered to the department ... they were using it and the services were not paid ... now they include it to the next year ...”
The Water and Sanitation Department had already made promises to Gubis that they would commence work on the night of 31 December 2024.
“Furthermore, the Water and Sanitation Department had already made promises to Gubis that they will commence work on the night of 31 December 2024. Gubis personnel were essentially already working and deployed to sites prior to me issuing the official deployment letter.”
Gubis personnel were already working and deployed to sites prior to the official deployment letter, with the Water and Sanitation Department dictating their preferred service provider role.
“Gubis personnel were essentially already working and deployed to sites prior to me issuing the official deployment letter. As the paying and user department, the department dictate their preferred service provider and mandate was strictly limited to facilitating the base of their operational instruction.”
The deployment of Gubis sites was approved by the department management through their representative Mr Herman Segolela, not by APSS Inspector Phiri.
“Gubis was not given many sites by APSS Inspector Phiri. It was given sites by the department, the management of the department of Water and Sanitation through their representative, Mr Herman Segolela.”
In the experience of Major Phiri at Protection Services (now Watchman Services) and APSS, the selection and allocation of service providers lies with them, and bringing multiple companies to the same site causes "double pegging" which loses accountability.
“In my 15 years’ experience at the Protection Services which is now called Watchman Services and APSS, it lies with us when we allocate to them ... if you bring another company to come and work with company X ... it is called double pegging ... accountability will be lost there.”
Water and Sanitation decided to use only Gubis for reservoirs and pump stations scattered across seven regions for reasons unknown to Major Phiri, which he thinks are competent.
“The anomaly was that the reservoirs and pump stations were scattered all over seven regions, but Water and Sanitation decided to use only Gubis for their reasons, which are unknown to me, but I can think that they are competent.”
Major Phiri's standard operating procedure for deployment involves physically visiting vandalized sites to conduct security assessments before issuing formal deployment letters, often requiring departmental technicians to accompany him due to insufficient coordinates.
“I was among the evaluation and assessment of processes: 'When tasked with a deployment, my standard operating procedure was to physically visit the sites to conduct the security assessment before issuing a formal deployment letter. Because coordinates were often insufficient to locate remote infrastructure, I required the use of the department technicians to ... physically accompany me to the vandalised sites.'”
Major Phiri does not have the names of the department technicians who accompanied him because the information was sent to him as phone numbers only, and he has changed phones multiple times since 2025.
“I do not have the names because they will send me maybe a phone number and then name. But remember it was in 2025, and I have changed phones three times. So I do not have their names ...”
Upon inspecting premises, Major Phiri formulates security recommendations detailing required personnel and resources, such as recommending three day shifts, five night shifts, or one VIP and guards.
“Upon inspecting the premises, I will formulate a security recommendation detailing the request, the requisite personnel and resources, for instance, recommending three day shifts and five night or one VIP and guards.”
An email from Herman Segolela on 31 December discusses the general ledger and vote number for security deployment costs, instructing service providers to submit invoices to the Department of Water and Sanitation for payment.
“The email was written by Herman Segolela on the 31st of December... It says: 'Colleagues, below find correspondence indicating that the GL and cost centre number from which these services will be paid for further handling and urgent deployment of security at both Klapperkop and Brickfield. These service providers shall submit all invoices to the Department of Water and Sanitation.'”
Deployment instructions include six armed guards for day and night shifts at Klapperkop Pump Station and five armed guards each for day and night shifts plus one armed patrol vehicle at Brickfield Pump Station.
“Klapperkop Pump Station, six armed guards day shift, six armed guards night shift. ... pump station, five armed guards day shift, five armed guards night shift, one time patrol vehicle armed will be deployed per shift.”
Service providers named Calvin, Zakele, and Andrew from Gubisa were informed about where to send invoices and the deployment dates and locations for guards at the pump stations.
“I see there is Calvin from Gubisa and there is Zakele from Gubisa and there is Andrew from Gubisa and they are told that this is where they will send the invoice to and this is the date of the deployment and these are the guards that will be deployed and these are the pump stations in which they will be deployed.”
Major Phiri highlights that his security recommendations were disregarded and he had to work with existing directives, despite recommending specific personnel and shifts.
“Mine now is to verify and make sure that the deployment letters speak to what is written on page 18.”
Major Phiri issued the first batch of deployment notices on 14 January 2025, effective from 15 January 2025, after verifying that the infrastructure size existed to justify deployment.
“I signed off approximately the first batch of deployment notices on 14 January 2025, which officially became effective on 15 January 2025. The purpose of the adhoc deployment was to secure the premises adequately so that Water and Sanitation could safely execute repairs and reinstall infrastructure.”
Major Phiri issued deployment notices effective 15 January 2025 but acknowledges guards were deployed on site from 7 January 2025, without backdating the deployment letter to fit the actual deployment dates.
“you issued your notice on the 14th and it becomes effective on the 15th , regardless of the fact that these have already deployed on the 7th of January.”
Major Phiri describes the purpose of ad hoc deployment of guards as securing premises so that Water and Sanitation Department could safely execute repairs and reinstall infrastructure, with oversight of guards handed to the Department and TMPD monitoring team after deployment.
“The purpose of this ad hoc deployment was to secure the premises adequately so that Water and Sanitation Department could safely execute repairs and reinstall infrastructure . Once the guards were deployed , the monitoring and daily oversight of this personnel were entirely handed over to Water and Sanitation Department . The Tshwane Metro Police Department , TMPD , APSS monitoring team , thus supervised this ad hoc placements .”
Major Phiri denies allegations of favouring Gubis 85 Solutions or receiving incentives for channelling work to them, stating he executed his duty as instructed without improper motives.
“I have been made aware of inferences suggesting that I may have favoured Gubis 85 Solutions or received incentives for channelling work to them . I categorically deny this allegation .”
Major Phiri states he has no role in generating or creating purchase orders; this responsibility lies solely with the Department of Water and Sanitation, which also handles invoice payments. He denies any improper relationship or favouritism regarding Gubis 85 Solutions.
“I am not responsible for generation or creation of purchase orders . That is the sole responsibility . In this case , it was going to be the sole responsibility of Department of Water and Sanitation . As in 18 , it was told that the invoices must go to Department of Water and Sanitation or TMPD Finance Department . And I have been made aware of inferences suggesting that I may have favoured Gubis 85 Solutions or received incentives for channelling work to them . I categorically deny this allegation .”
Major Phiri states that once deployment of Gubis 85 Solutions' guards was processed, he had no further interaction or relationship regarding the ad hoc services, as invoices and payment responsibility lay with the Water and Sanitation Department or TMPD Finance Department.
“I had no further interaction or relationship with Gubis Solutions once the deployments were processed .”
Major Phiri states his role regarding ad hoc services ended with deployment and invoice responsibility transferred to Water and Sanitation Department; any payment disputes must be escalated to other parties without further interaction with him.
“My job is done with the deployment and any payment dispute should be handled by other responsible parties without further interaction with me.”
Major Phiri states there were further interactions with Gubis 85 Solutions relating to their work in the region, specifically with issues regarding reservoir and pump stations, but no further interactions regarding ad hoc services.
“I have further interactions with them because they work in the region and if something happens in those , what you call , reservoirs and pump stations , they will contact me and say , but we have a problem , we do not have a parameter fence . But we are not speaking about any other thing other than that .”
Major Phiri states he obtained a Standard Bank account where a bond settlement amount of R147,2776.02 was received on 11 December 2025 and he is now telling the nation that he got the money.
“Standard bank account number, bond settlement amount of R1472776.02 on 11 December 2025 . Here now I am telling the nation that I got the money”
Major Phiri received a lump sum more than the bond settlement amount from RAF in 2024 and started loaning portions to friends and family but intended to settle the house immediately after payment.
“But I received the money in 2024. ... I started loaning out a portion to my friends and family, but my intentions were to settle the house immediately after payment.”
On 13 May 2025 Major Phiri received R151,462.07 from BMW and R145,000 from We Buy Cars, using a loan from a friend to finance these transactions.
“On the 13th of May, I received R151462.07 payment from BMW. ... on the very same day I received R145000 from We Buy Cars. And on the very same day I received this money that I borrowed from this friend of mine.”
Major Phiri borrowed R150,000 from his friend William Shupe and paid it back, though payment was demanded in cash due to the friend's gambling habits.
“It is a loan from a friend of mine who owns businesses ... The name? It is William Shupe ... This friend of mine said to me you must pay back in cash ... we are professional gamblers. So we must use the money.”
Major Phiri managed a social club called Stokvel through which significant sums of money are pooled and shared among members.
“He pays me R6004 and he also pays me R876000 on the same day ... So Keryot Lulama Mweli is a friend of mine where we have a social club ... A social club is what we, in the street, we call it a stokvel ...”
Major Phiri derives money by selling cars and gambling, which are pooled in a social club, over a period of about a year, then repaid to him.
“And I derive this money by selling cars, gambling and stuff like that ... over a year ... it is returned to me ... I am under the impression that these payments are made by a friend of mine called Papi Mogashwa ... He loaned me this money to acquire a new vehicle because I was involved in an accident and I did not have insurance.”
On 20 May 2023, Major Phiri bought a car with a loan from Papi Mogashwa and promised to pay the dealer back in cash.
“Here I am at the dealership We Buy Cars ... I ask for a loan ... they give me a loan on the 20th and the very same day ... I use the money to pay for this car and I am left with R2300, and I promise them to pay them back.”
The deployment of security services to Gubis by Asset Protection and Security Service (APSS) was not done through the normal procurement process and was irregular, despite a memorandum sent to departments instructing the process was to be followed but was ignored.
By acceding to the deployment of APSS at Gubis during a period of pressure and vandalism, the deployment became regular due to acceptance though it was initially irregular.
“By acceding, is the deployment not regular? Or does it not become regular because you have acceded? So effectively, because you have acceded, it is a deployment by you.”
MAJOR PHIRI executed the deployment orders for APSS as his duty at the time, despite being unsure if there were other communications beyond what he received.
In normal circumstances, a request is sent before deploying security services, but in this case everything was done to satisfy that the people deployed were at the required place.
“In a normal circumstance, you will send us this request before deploying. And then we will do what we are supposed to do. But in this one, everything has been done. Ours is to satisfy that indeed these people are at that place.”
MAJOR PHIRI referred to a document identified as LA02 related to his authority and instruction for deployment, which was incomplete when he accessed it.
“The document was on page 3 of my annexures...which I could not extract from my laptop might have led to Director Malatji giving me the authority and the instruction. It is LA02”
All of the deployment letters signed by MAJOR PHIRI and effective from 15 January 2025 were permanent and lacked an end date, contrary to the ad hoc nature of the security deployments which should be temporary for damage or vandalism situations.
“My problem with your deployment letters... it was a permanent deployment. There was no end date to it... You turned what should have been ad hoc deployments to cover the vandalism in December into permanent appointments for Gubis”
The deployment letter for Gubis set a start date of 15 January 2025 and a monthly amount per guard of R20925 with a total of R406000 but did not specify an end date, implying that the deployment could continue indefinitely unless terminated.
“It gives them Moreleta Reservoir Pump Stations and then it says effective date 15 January 2025... And then it sets out amount per guard is R20925... And then the grand total is R406000... But it does not say when this deployment ends, which means according to this deployment letter...it is not intended to be permanent”
MAJOR PHIRI admitted it is improper that the deployment letters lacked end dates and effectively appointed Gubis on a permanent basis for security services, which should have been an ad hoc emergency arrangement.
“You appointed them on what was supposed to be an ad hoc arrangement but you appointed them on a permanent basis and you left it there. And that is improper to me... It runs across all the deployments that you did”
All deployment letters appointed Gubis security permanently without termination dates, entitling Gubis to receive R14 million indefinitely unless terminated by Revo Spies in June 2025.
“All your deployment letters, in effect, appointed Gubis on a permanent basis and if Revo Space had not terminated this in June, they would have been entitled to this R14 million forever”
Major Phiri visited Mamelodi and Cullinan sites after termination letters were issued to assess the situation, and reported damaged equipment and vandalism.
“The first ones that I went to is in Mamelodi and Cullinan . Because there were water issues . And I did not dispute the termination ... When I got there the clear view fence was gone . The pump was damaged on all those three . ... the pump station in Mamelodi , it was vandalised , water was not coming out . But I could not do anything , because they were stopped”
Major Phiri, in his role, does the risk assessment and determines whether security services are still required based on client department instructions.
“I understood you to say it includes your risk assessment . You analyse whether these service is required”
Gubis refused to accept termination of its ad hoc services, claiming continued authority to be at the site based on a deployment letter signed by Major Phiri.
“Gubis saying to Commissioner Spies , we have a deployment letter , we are entitled to be here”
Major Phiri was surprised and flabbergasted by the termination letters regarding security services deployment and claims the Department of Water and Sanitation was not notified as required by duty.
“Commissioners, on this occasion, the letters come, in fact, they surprised me. Surprise, in fact, is not a word that I can use. I can say I was flabbergasted.
The termination letters.
Yes, when they come.
And the departments, the Department of Water and Sanitation, I did not even notify them.”
Major Phiri states security deployment stopped because the service provider was terminated and any security issues thereafter should be dealt with by the department adjusting evidence to reflect that termination.
“I say, no, but we terminated, Director Malatji will tell you. It is now the department that must adjust evidence to say, you are terminating the security. The problem is, we are sitting with this problem. Immediately after terminating, we do not do any other assessment after that...”
The department chose to leave certain sites unsecured due to lack of budget despite risks of vandalism and the service provider could not force the department to conduct a risk assessment because the department was not paying for the services.
“Page 77 of 198 substations to be vandalised is because they provided a GL account and a call centre. They cannot come to us and say, guys, come back and do a risk assessment. Because they are not paying for the services. We are. Now, if they were paying for the services, they would have come to us and said, but what you are doing, guys, is malicious compliance...”
Major Phiri confirms termination letters issued by him gave a right to be on site but did not confer indefinite authorization to remain, and that when instructed by Commissioner Spies to leave site, the order to comply should have been enforced.
“Those letters do not give them the right to be there indefinitely. Because you are telling us the letter does not, even though it does not fix a period, your letter, it does not entitle a service provider to be there indefinitely. It is up to when you tell them. You would ordinarily say, that is enough...And they remain there for a longer period...And my question is, at that point, when Spies says to them, leave site, you need to leave site. And they say, no, Phiri has given us the right to be here. Why do you not say to Gubis, leave site? I am now instructing you to leave site. You are no longer required...”
Major Phiri claims he instructed Gubis verbally and in writing to stop security services immediately upon receiving the termination letter and that there was no invoice for July as services had stopped.
“It means today, the day you received a letter, the date that is written there, it means you stopped services. Hence, there is no invoice for July. Because they stopped...You did talk to them to stop...Yes, they stopped. The invoice ended, I believe, in June.”
Major Phiri provided security operational planning documentation for an event in 2023 showing his coordination and command role concerning asset protection and security services relevant to the IDP and budget community consultation.
“No w, that letter is dated the 5th of May 2023...It says security preparedness for the IDP and budget community consultation...It talks about crowd control, VIP Protection, and special operations...coordination and command by Mr Andrew Phiri being yourself.”
Major Phiri accepts that the document discussed with Advocate Mosikili was solely focused on the upcoming event's security and not on deployment of sites or ad hoc services.
“Yes, for the event of, yes...Yes, it had nothing to do with deployment of sites ad hoc or otherwise...You accept that? Yes, I accept it.”
In one instance, there was no security at a site in Soshanguve in July, and management would call Major Phiri to arrange security deployment.
“it will happen that we have a site in Soshanguve in July, and at that moment there is no security... they will write an email to Mr Nava and Director Tshukudu... the person who must come to your place at this moment to see that security is deployed is the guy called Phiri.”
Major Phiri states his duties included ensuring all private and in-source guards are on duty and protecting buildings and assets, regardless of the document's limitations.
“my duties were not limited to what I had in this Commission... ensuring all private and in-source guards are on duty and the protection of buildings and assets.”
Director Malatji knew Major Phiri had authority to run the process and monitor progress regarding security deployment.
“Director Malatji says, please get Phiri to run with the process and let us monitor the progress... I am indicating that he knew that I have authority.”
Letters dated 1 January 2025 signed by Major Phiri refer to security deployments consistent with emails dated 7 January 2025.
“page 81... that letter is dated the 1st of January and your signature appears at the bottom and there is a date... 07-01-2025... and similar letter dated the 1st of January... dates say 07-01-2025... number of armed guards, patrol personnel in the vehicle according to the email.”
Director Malatji testified he did not delegate powers of allocation to anyone, including Major Phiri, for guarding sites by service providers rendering services under TMPD0226 and 2017 between December 2024 and June 2025.
“I have not delegated powers of allocation to anyone in respect of the sites to be guarded by the service providers rendering services under TMPD0226 and 2017... he did not approve or mandate the allocation of security to Gubis in the period between December 2024 and June 2025.”
Major Phiri denies approving or mandating the allocation of adhoc security services to Gubis 85 Solutions Limited between December 2024 and June 2025, calling statements to the contrary incorrect and malicious.
“I did not approve or mandate the allocation of adhoc security services to Gubis 85 Solutions Limited in the period between December 2024 to June 2025 ... This statement is incorrect and malicious.”
Major Phiri confirms the authority to deploy to various stations is derived from a meeting on 6 January 2025 and an email from Herman Segolela dated 10 January 2025, which was sent to him and Doctor Elvis Madihlaba.
“If we go to page 7 of my annexures, it is Friday, January 10th, 2025 ... Herman Segolela ... sends an email at 11:23 am: "Mr Phiri, I hope this finds you well. This is the updated list ..." The authority came with that email. It is given to Doctor Elvis Madihlaba.”
Major Phiri explains that Herman Segolela provides the list of stations and deployment allocations which Phiri must execute, indicating Segolela has the authority over the station list.
“Now he gives me the list of stations. It is his allocation, his deployment. What I must do now is to go there and make sure that indeed this is the place.”
Major Phiri states he was instructed by Herman Segolela in a meeting to run the process related to deployment and allocations, supported by an email update from Segolela.
“The meeting of the 6th gives effect that Mr Phiri will – in fact ... it tells Doctor Elvis Madihlaba that please get Phiri to run with the process and let us monitor progress ... They come in as they come to say, Mr Phiri ... I have already given an instruction, now I must execute.”
Major Phiri explains that Herman Segolela identifies and allocates Gubis sites, and Phiri must then execute the deployment based on that allocation; emails exist to support this process.
“He identifies sites, he allocates Gubis, and then mine is to go ... There are emails to that effect. ... He is telling us where his problems are, and then we are going where he tells us.”
Major Phiri states he had to prove to the Commissioners that he had authority from Director Malatji, who instructed him, and that water and sanitation have their own people to work, and he is not responsible for their questions.
“I had to prove Commissioners that I had authority from Director Malatji. I got an instruction from Director Malatji. Water and sanitation got their own people to work. I am not responsible for - I am answering those questions.”
Evidence before the Commission includes letters sent that Major Phiri can only partially account for, with a deficit of about 50% of the letters unaccounted for even if authority was from Herman or Malatji.
“at least for now, there is no account. Even if we were to accept that he had authority from either Herman or Malatji, there is still a deficit of at least 50 percent of the letters that he can account for”
Major Phiri plans to file a supplementary statement explaining the issue once he has accessed a municipal building and reviewed materials, targeting to submit it by Wednesday next week.
“I will work it over the weekend, and then I will send them. To file it by Wednesday.”
Major Phiri recognized a document which is a memo from Mr TPMalatji and Mr Nava Pillay dated 23 January 2023 regarding the standard operating procedure for acquisition of additional new security services.
“It is a memo from Mr TPMalatji and Mr Nava Pillay... dated 23, January 2023... Standard operating procedure, acquisition of additional new security services.”
The Office of the City Manager has a standard operating procedure for procurement requiring a purchase order to be produced before work is done, but this was not followed in this instance because services were irregularly provided without intervention from the Department of Water.
“this was not followed in this instance . The reason is , there were already services that were provided without our intervention , which were irregular , from the Department of Water .”
In the City of Tshwane procurement system, a purchase order cannot be produced without an invoice; therefore, a quotation acts as a deployment letter but does not authorize payment until an invoice is validated.
“the systems in the City of Tshwane now as we speak , as we are here , does not allow that . Because they do not rely on the quotation , they rely on an invoice . Remember now , here they are talking about the quotation . Creditors say in SCM , we cannot produce a PO without an invoice . Hence , I said to Advocate , Commissioners , a quotation is as much as a deployment letter . It does not give effect for SCM or creditors to pay . So , you must validate an invoice , then that interest is made to create the PO .”
A payment of R150,000 was made on 13 May 2025 as a "stationary refund", which on record was a loan from a friend named William Masupye.
“payment made on the 13th of May 2025 of R150,000.00 ... the reference to that payment is "stationary refund" ... when he was in chief that was a loan from a friend ... the name of the friend was one William Masupye ... Mr Phiri, can you confirm that ?”
Major Phiri confirmed having received the payment from William Masupye and acknowledged the payment was marked as "stationary refund" but he needed the money urgently and did not focus on the description.
“I knew it as payment from William Masupye , but at the time that he sent me the money , I did not take note that it is written " stationary refund " , because I needed money as quickly as possible.”
The payment described as a "stationary refund" was actually from a company called Gabotje Logistics, linked to William Masupye who holds directorship in that company.
“this document ... shows, it gives a profile of Mr Masupye ... there will be a company called Gabotje Logistics ... it depicts the companies that Mr Masupye will be a director of ... that is the same company that made the payment of R150,000.00.”
Major Phiri is employed by Gubis 85 Solutions and states he has not received any incentives or benefits from them.
“part of the questions that was posed to you to answer to this Commission was that whether you have received any incentives or benefits from Gubis ... I answered to the negative .”
Major Phiri claims he has known Mr Masupye since 1996 and describes their intermittent friendship and interactions from around 1996 to 2022.
“I have known Mr Masupye from when I completed my matric in 1996 ... I met him so that I knew where vehicles were taken when they were stolen ... He is a friend ... I came to realize that when Gubis 85 started working in 2022, but he did not say that I am working for Gubis ...”
Major Phiri confirms that Calvin Mahlangu is a director of Gubis and involved in financial transactions with Gabotje Logistics.
“He is a director of Gubis ... those are transactions, financial transactions that were made by Mr Calvin Mahlangu ... paying monies into Gabotje Logistic ...”
Adv MosiKili alleges that funds paid by Mr Calvin Mahlangu or Gubis to Gabotje Logistics ultimately make their way to Major Phiri's account, a connection Major Phiri denies.
“the information put to us demonstrates a clear connection of funds from the director of Gubis to Gabotje and ultimately those payments making their way to your account ... No, I do not accept that.”
Adv MosiKili asserts that payments made by Gubis or Mr Mahlangu to Gabotje Logistics eventually make their way to Major Phiri's account, though not necessarily corresponding to exact deposited amounts or dates.
“what we are looking here accumulatively is that Gubis or Mr Mahlangu on behalf of Gubis is making payments to Gabotje ... somehow those payments through Gabotje, they make their way to you ... Forget about the dates ... It is not a proposition that there is a corresponding payment for example R150,000 from Gubis directly to your account via Gabotje.”
Major Phiri admits receiving a payment on 13 May but denies that the payment was made by Calvin Mahlangu or that the source of R150,000 is documented.
“I am saying to Commissioners, it must be clear, he paid me on the 13th and I agree, I say I requested a loan, he gave me ... I do not see the money here on the 13th, so I do not know what are the relations ...”
Adv MosiKili clarifies that the payments from Gubis to Gabotje exist but denies any direct transaction of R150,000 from Gubis or Calvin Mahlangu to Major Phiri personally.
“I am not saying to you, you will find a 150 amount transaction from Gubis to you or to Gabotje and yourself ...”
Major Phiri testified that payments on 20 May 2023 in his bank account originated from amounts associated with a person called Papi Mogashoa and companies linked to him, including Papador where William Masupye is a director.
“He testified that these amounts are from a person called Papi Mogashoa ... Papador ... Mr Masupye is a director of Papador ... making payments to Mr Phiri under the directorship of William Masupye.”
Major Phiri admitted that he received money originally supposed to come from Papi Mogashoa but that the actual funds came from William Masupye, who lent the money to Phiri after Papi said he did not have the funds.
“The money came from William Masupye and not Papi ... I engaged William Masupye and said to William ... Papi said he will charge me 20% interest ... I call our common friend William Masupye to give me the money ... then I took the money knowingly that it comes from Papi.”
The payments originated from accounts linked to individuals identified as Mr H G Mand and Mr K S M, who made these payments linked to Gubiso, William Mashupia, and Gabotje Logistics.
“Payments from Gubiso to William Mashupia and Gabotje Logistics ... names Mr H G Mand and Mr K S M ... linked those accounts to these persons who made those payments.”
There are payments amounting to R3.9 million and R5.9 million involving Gubis and other entities including Mr Calvin Mahlangu and Papador.
“there is an amount of 3,9 million. Again, that comes from Gubis. And similarly, you will see that Mr Calvin Mahlangu's name also features. And lastly, Papador, which also made payment to Mr Phiri, also received, at least on the face of it, 5.9 million, or at least there was an exchange of 5.9 million between Papador and Gubis”
Payments between Gubis and Gabotje are referenced as Pap i, which is not a person but a reference used in financial documents.
“any payment between Gubis and Gabotje is referenced as Papi. It has nothing to do, with respect, with a person called Papi, but that is the reference that seems to be used, and not as Papi Mogashoa, as Mr Phiri is suggest”
Major Phiri states the payments discussed are made in 2024 but disclaims knowledge of any relationship between Papi, Gubis, and William Masupye.
“The payments are made in 2024. My point is, I do not know the relationship between Papi and Gubis and William Masupye. They might be doing their own things somewhere”
Advocate Mosikili states there is no person called Papi in the payment records and it is a reference used to trace payments.
“there is no person called Papi. It is just a reference being used to trace the payments so that it is known who they come from. Or at the very least, if there is a person called Papi, then that Papi is always linked to Mr Masupye”
Major Phiri confirms payments in 2024 might be a go-between between William Masupye and other people, but this is an assumption.
“They are made in 2024. They are not made to me. So it might be happening, we are talking about 000,4000, it might be that Papi is a go-between between William Masupye and other people, and then for him, maybe, it is an assumption. And I say it is an assumption on my side because in my line of work, an assumption will kill you faster than a bullet”
Major Phiri accepts the proposition that he has received payments from people who have received payments from Gubis or have a financial link to Gubis.
“...that on this information before us, you have received payments ... from people who either have received payments ... from Gubis or have a financial connection to Gubis... And one of those people is Masupye, who is also an employee of Gubis. Do you accept that? ... I accept that...”
Major Phiri states he is not aware that financial documents indicate people pay William Masupye to get money.
“I accept that, but at this time, I am not aware that these people are going to William Masupye in order for me to get this money. At this time, I am not aware and that I can confirm”
Major Phiri denies receiving payments directly from Gubis, its directors or owners, or anyone associated with Gubis where Gubis is the source, except money received from William Masupye.
“Directly from Gubis? No. Has Gubis ever paid you money? No. Has any director or owner of Gubis ever paid you money? No... Have you ever received money from somebody associated with Gubis ... No. I will say yes, I have received payment alone from William Masupye... But he did not say to me it is from Gubis”
Major Phiri paid back an amount in cash to a businessman to avoid it reflecting as income and thus tax.
“When I was going through this, I said to him, why must I pay you in cash back, and then he said to me, this is a business, if you pay me back into my account, it becomes a business …”
Major Phiri usually paid back the businessman in cash using money from selling vehicles he owned informally without registration, to avoid a paper trail for the cash repayment.
“I am an informal businessman. I have these small cars... I can sell all of them in Mamelodi in Soshanguve, and then they will give me cash and then I will give him. So there is no paper trail.”
Major Phiri did not withdraw R150,000 in cash from his bank account to pay the businessman; instead, he called the businessman to arrange cash collection as a professional gambler would do.
“No, I did not give him 150,000 at the go. I will just call him and say, Willie, I have 35,000 today, and then he will say, I will send someone to come and collect it... We are professional gamblers, so I will know...”
Major Phiri received direct payments from William Masupye, evidenced by bank statements and transaction cross-references, totaling amounts including R10,000 on 21 May 2023 and R5,000 on 7 July 2023.
“We have cross-referenced the payments... showing those were payments directly now from Mr William Masupye... I realize now that the money comes from William Masupye...”
Major Phiri uses multiple bank accounts for different purposes because his Standard Bank account is constantly hacked and he receives Police Station affidavits, so he prefers to have his money go to ABSA accounts.
“I am using ABSA, I am using Standard Bank for salary, but because at Standard Bank I am constantly being hacked and I am forever at the Police Station writing affidavits... all my money will go to ABSA, but it will not come here.”
Major Phiri states that businessmen refer to loans as 'services rendered' possibly for tax reasons, but he has never rendered a service for Papador and considers these loans as money lent, not a service.
“I h a v e n e v e r r e n d e r e d a s e r v i c e f o r P a p a d o r . I h a v e n e v e r .”
Major Phiri confirms he lent money to Aluwani Makhuba, who is a businessman and employee of Ramalepe Security, a service provider for the City.
“A l u w a n i M a k h u w a i s a n e m p l o y e e . H e i s a b u s i n e s s m a n . A l s o , h e i s a n e m p l o y e e o f a s e r v i c e p r o v i d e r w o r k i n g f o r t h e C i t y c a l l e d R a m a l e p e S e c u r i t y .”
Major Phiri describes lending amounts totaling approximately one million rand to Aluwani Makhuba and associates, repaid in dribs and drabs with payments made into his ABSA bank account.
“I g i v e i t t o t h e m . I a m b o r r o w i n g t h e m . T h e y a r e k n o w n t o m e .”
Major Phiri says the loan is to the Ramalepe Security business, not to the individual employees, and that he is the one paying them, not the other way around.
“I t i s t h e l o a n – n o , n o , t h e y a r e n o t p a y i n g m e . I a m p a y i n g t h e m . I a m g i v i n g t h e m a l o a n .”
Major Phiri made four payments totalling about 1.563 million rand, not a million rand, with specific payments on 27th and 28th February.
“on the 28th, I paid them 300,000... they do not need 1.5... I can use it as I wish, it is my money... No, four payments... Yes... two, three and five... on the 27th it is three payments... on the 28th of Feb, it is one payment... So it is 1,300,000? Yes.”
A letter dated 1 February 2022 from City of Tshwane confirms that Ramalepe Security and Cleaning Services had a tender accepted by City of Tshwane in terms of court order for tender TMPD02-2016/2017.
“this is a letter from the City of Tshwane, dated the 1st of February 2022... your tender has been accepted by City of Tshwane in terms of the court order in respect of the TMPD 02-2016/2017 tender... Ramalepe is one of those service providers... as per appointment by the court order”
Major Phiri explained that the payments made to Ramalepe were for various businesses related to chauffeuring and catering, but he did not verify whether the bank account given was actually Ramalepe's.
“when they gave me the account, I did not verify that it was Ramalepe... but I knew that I was paying for their drowning businesses, the chauffeur business and they had a shop like catering business...”
Two gentlemen, Mpiani Setaku Janki and Maluleka Stanley Rasmatei, who have worked with service providers in the City for the past 15 years, knew that if anyone is in trouble they could ask Major Phiri for a loan and then repay later.
“Mpiani Setaku Janki is an employee there. Maluleka Stanley Rasmatei is an employee there... They do everything... So they knew that if you are in trouble, you can ask Mr Phiri for borrow money and then... pay you back... These two gentlemen... They came with Aluwani, and then they were presenting two businesses and Ramalepe...”
Mr. Aluwani and two others approached Major Phiri in their personal capacity to borrow money.
“They came in their personal capacity, but there might be ulterior motives. They came in their personal. They came, the three of them, not only Aluwani.”
Major Phiri paid money to Ramalepe Security Services, the employer of Mr. Aluwani and his associates, but claims he was not aware he was paying an entity.
“there is no logic in what you are saying, in that you say three people approached you and one, you pay directly to Mr Aluwani, and we will come to that transaction that you made to him. And then you make payments to their employer, being Ramalepe Security... And your answer is simply that when you made that payment, you were not aware that you are paying now into an entity.”
Major Phiri paid Ramalepe Security amounts through his phone app by typing in the account number, without verifying the account name.
“I paid them through my phone and I used the account. I did not even need to verify them, Chair. I paid them on that date and I was sure that they will not do anything.”
Despite assertions to the contrary, evidence before the Commission shows that Major Phiri paid Ramalepe Security at least R300,000.
“I accept that for a moment. All I am saying is that at least the evidence before this Commission is that despite what you are saying, what is clear in black and white is that in fact you paid Ramalepe at the very least R300,000. Ramalepe Security Services.”
Major Phiri borrowed initially R1.5 million from Aluwani and associates, but they later reduced the amount to R1 million due to business concerns, with repayment arrangements including staggered payments and some repayments by Mr Makhwa representing the company.
“The initial amount that I was going to borrow this three under the premise of saying their business is drowning, was 1.5 million. Now, they come to me because I was tied time and say to me, Mr Phiri, we can only take 1 million. And I say, no, that is fine... I want to go to Mpumalanga and Limpopo at the Kruger National Park. I transfer myself 100,000 through my other side, which I will use. But then, they realize that we made a mistake... Then when they realize that I am struggling, they say, no, pay this account... Now, he is paying me back here and then he is representing the company, and I expect the other two gentlemen, I constantly call them, guys, if you have something, at least between 20 and 15, just pay me every month... The other two guys are also paying me at the same time.”
Major Phiri states he received amounts of R876,000 and R6,400 from Monday Social, paid by Carriot Lulama Muweli, whom he describes as Chairman of Monday Social and asserts Lulama Muweli is not connected to City of Tshwane.
“on the 7th, I received the 876,000 from Monday Social . On the 7th again , I received 6,400 from Monday Social . And the person who is doing this is the Chairman of the Social . It is Carriot Lulama Muweli . And I am saying Lulama Muweli is the one who goes to the bank and the bank refuses to pay us directly from the bank . Lulama Muweli has nothing to do with City of Tshwane”
Major Phiri says he usually deposits money received directly to the bank but sometimes leaves cash for someone else to pay if he is not available.
“Usually I deposit it at the bank . I go on Mondays . But because I am an industrious man , I stay far and they are in Mamelodi , then I deposit those in cash and when and when I have cash , but maybe I am in the hospital or something , I ask someone , just please pay this account for me”
Major Phiri asserts he has business relationships with people linked to the City of Tshwane and service providers, and that he assists them by lending money and knows how to contact dealerships to help.
“I am an employee of Tshwane , but overall I am a member of the public , and I am not saying being a member of the public , I – when people come to me and say , Commissioners , I have , I need such amount of money , some will come to me , they will know that if you ask me , I need a x 4 bakkie and I have 200,000 , I will just tell you straight , give it to me . What mileage are you looking at ? And then I know who to call . I have business friends . So when someone comes to me and asks for help , I help . And I know that that person will say thank you . I do not know how much will he say thank you . He will need a car today and I will give him the car today . I will just call dealerships that I know and say , do you have a car like this and they will say that to me”
Major Phiri states individuals linked to service providers and the City of Tshwane repay him money for services he provides, which is unrelated to official City business.
“many people are paying me a lot of money for what I do for them and I am not in the business of doing , of working . I do not register companies . I assist . People call me from Limpopo . Dealerships ask me , Mr Phiri , it is a pity that I got involved with these people and I saw that their business were drowning ... So I know them ... you will see that people are paying me a lot of money and it has got nothing to do with City of Tshwane”
Major Phiri says he borrows money from longtime acquaintances Jankia and Maluleke in small batches over months, denies any intention of borrowing a large sum, and states these transactions are personal and unrelated to City of Tshwane.
“I will say no . I will say no . I regard them as friends . I have known Jankia and Maluleke for 15 years . They did not start working . They worked at Ramalepe when Ramalepe got a contract ... Sometimes I will borrow them money and tell them I need it in 2,000 batches for 10 months . Well , I have given them 15,000 and then they will comply . And I have no nefarious intentions of borrowing someone 1 million”
A person in Major Phiri's position, who can control distribution of work in the City of Tshwane, having financial relationships with individuals linked to service providers is considered worse and presents an apparent conflict of interest.
“for a person in your position , as you at least testified earlier on , where you are somehow in possession , or at least in a position where you can control the distribution of work to the service providers within the City of Tshwane , that makes it even worse for you to be having any financially linked relationships with the individuals who are linked to the service providers”
Major Phiri states he is not a junior officer and has never been given a policy restricting interactions with individuals working for the City.
“If my seniors came here and said , I am a junior officer , I will not agree to that . That means they have never showed me a policy as a junior . If they say I am a junior officer , they have never given me a policy that says you cannot borrow someone that works in the City money . So , I will not accede to that .”
ADV Mosikili alleges Major Phiri has an apparent conflict of interest due to financial transactions with people employed by the service providers.
“it is apparent that for someone in your position who can influence the flow of work , that there is an obvious conflict of interest in you having financial transactions , as we have seen in your bank account , with people who are employed by the service providers .”
ADV Mosikili states some of the amounts in Major Phiri's account clearly reference services provided by service providers and that Major Phiri's answers about these amounts are unsatisfactory.
“a lot of amounts , or a few amounts coming into your account , they clearly reference service provided , and your answers to that , we are going to submit that they are unsatisfactory .”
Major Phiri claims the Commission is to make recommendations and he is not here to prove beyond reasonable doubt, affirming his denial that the assertions against him are incorrect.
“I am not here to prove beyond reasonable doubt , but I am here to testify . So if the recommendations , the Commissioners see it fit that what you , Advocate Mosikili , are saying , and what I have explained , the recommendations , they see it fit the Commissioners that something is untoward of my evidence , I have no power over that , but what I will say is the assertions are incorrect .”
ADV Mosikili argues that paying R200,000 into an inactive service provider's account is inappropriate and suggests it attempts to hide the true nature of the transaction.
“for example , an answer to him paying R200 , 000 . 00 into a service provider 's account , clearly he says well , he had no knowledge of that . We say that kind of answer is untenable . ... You somehow paid money , 200 , 000 at the very least , into an active service provider for the City of Tshwane is inappropriate and also demonstrates an attempt to at least hide the true nature of that transaction .”
Major Phiri confirms knowing Mr Bonzo Eugene Modise, who was a director of Triotic Protection Services before becoming Deputy Mayor, and knows him from Mabopane and Tshwane.
“I know him as a Deputy Mayor , as a Regional Chair of the ANC . I grew up in Mabopane , Winterveld . I know him from Mabopane and when I came to work in Tshwane , I met him here . He was not a Deputy Mayor . He was not a Chair . He was a director of a company called Triotic Protection Services then before becoming the Deputy Mayor .”
Major Phiri says he knows Bonzo Modise personally from Mabopane, grew up there, and they speak at times as friends or acquaintances, including work interactions and casual greetings.
“I have known Mr Bonzo Modise from Mabopane . I grew up there . I know him from there . Even , you know when you are from a place and you know someone , you can speak to him . ... People will speak to him as Deputy Mayor , and I will also speak to him as Deputy Mayor , but at the very same time , I will call him Bab i .”
Major Phiri states he interacts with Bonzo Modise formally and professionally at work and speaks to him casually because he knows him, but they do not socialize outside of work.
“it is formal coming , and professional coming to work and because I know him , I will just speak to him at any moment . Sometimes I will even call him , I am just passing through your office ...”
Major Phiri has no business relationships with Bonzo Modise except managing his presence at Triotic Protection Services director meetings when Modise was there.
“I have never had , unless managing when he was still at Triotic , coming to director 's meetings and stuff , and then we meet there .”
Major Phiri states he does not know what businesses Joe Sibanyoni has with the City of Tshwane but knows from social media that Sibanyoni is a taxi boss.
“I do not know what businesses Joe Sibanyoni has with the City. All I know through social media, if you type Joe Ferrari Sibanyoni, it will tell you that he is a taxi boss”