Hearing day 98

Sergeant Nkosi sent messages requesting information for correction related to the Mpumalanga tender.

“Sergeant Nkosi sends you a message saying: "Ngaphesheya is Grade B and has nothing in the documents." Followed by another message: "Mfowethu, please send to US and request him to provide him with information for the correction. We need Grade A guards."”

Deputy Chief Dhlamini was not aware that the messages from Sergeant Nkosi were forwarded from the CFO.

“At that time, I did not know.”

Deputy Chief Dhlamini indicated that Nico was helping with the Mpumalanga tender and had been dealing with the documents and issues involved.

“As it was indicated, SC, that Nico was helping them with the tender of Mpumalanga. As much as I forwarded those messages to him, with those notes from Nico, when he sent to say it was sent on Tuesday, let me check now - now, because I sent him to say these are letters that Nico sent. I mean, they already have them, they dealt with them.”

Deputy Chief Dhlamini relayed information between Nico and Sergeant Nkosi but did not play a substantive role in the tender process itself.

“I did not play any role, SC. I was relaying the information as I was receiving.”

Deputy Chief Dhlamini referred Sergeant Nkosi to Nico for assistance because he did not want to assist Nkosi directly with the tender.

“When Sergeant Nkosi approached me, I referred him to Nico for assistance because I did not want to assist him.”

Deputy Chief Dhlamini raised Sergeant Nkosi and took interest in him since 1997, indicating a longstanding relationship where Sergeant Nkosi asks for his intervention and assistance.

“I raised Nkosi. I took interest from him since 1997 when he started working at the yard. So he will continuously sometimes ask for me to intervene and assist.”

Deputy Chief Dhlamini confirmed awareness of pending bids involving Ngaphesheya and his brother, including TMPD-1 and TMPD-3 tenders where Ngaphesheya is a bidder.

“In TMPD-1 and TMPD-3, Ngaphesheya is a bidder.”

Deputy Chief Dhlamini denied acting as a conduit between Ngaphesheya and Nico or between Sergeant Nkosi and Ngaphesheya, despite forwarding information between them.

“I am not a conduit. I indicated that I had a relationship with Sergeant Nkosi that back dates some years back.”

Deputy Chief Dhlamini denies being merely a conduit between Nicocou and Sergeant Nkosi and maintains having different levels of relationship with both individuals.

“I still do not agree, Commissioner. We maintain different levels of relationship with both people that I maintain with Sergeant Nkosi and Nico. So someone would prefer to speak to me to either engage someone. So I do not think I am a conduit, Commissioner.”

Deputy Chief Dhlamini states he intervenes only if there is a misunderstanding between Sergeant Nkosi and others, otherwise he mainly communicates messages between them.

“I will intervene if there is misunderstanding. Sergeant Nkosi will request me to say perhaps intervene, then I will intervene in that instance or ...”

Deputy Chief Dhlamini confirms that for the most part he was merely passing information between Sergeant Nkosi and Nicocou, but disputes being a conduit.

“That is correct, Commissioner.”

Deputy Chief Dhlamini says he assists Sergeant Nkosi because he is his role model and they have a relationship of trust.

“In any life situation, SC, you will sometimes become a role model to other people. They will put their trust in you. So you would not dismiss someone that you feel, I mean, you can assist.”

Deputy Chief Dhlamini repeatedly denies being a conduit despite the Chairperson's assertion that he was acting in that role for the most part.

“I do not agree, Commissioner, that I was a conduit.”

Deputy Chief Dhlamini states he has a nurturing relationship with Sergeant Nkosi and takes an interest in helping him.

“Much as I indicate, I have a relationship with Sergeant Nkosi. I nurtured him and I will take interest in helping him.”

Deputy Chief Dhlamini denies assisting Ngaphesheya and states he referred Sergeant Nkosi to Nico Mathobela for assistance.

“I am not assisting Ngaphesheya. I referred Sergeant Nkosi to Nico Mathobela to assist him.”

Deputy Chief Dhlamini says he intervenes where necessary when Sergeant Nkosi requests intervention to resolve misunderstandings or issues.

“Yes, SC. Sergeant Nkosi will come to me for intervention, then I will intervene where there is a need.”

Deputy Chief Dhlamini agrees the document relating to the Ngaphesheya tender was created after the deadline and confirms that documents he was exchanging between Nico and Sergeant Nkosi did not relate to TMPD-1.

“That is correct... Yes, SC.”

For a tender related to Ngaphesheya in Mpumalanga, Deputy Chief Dhlamini had documents certified by the Private Sector Industry Regulation Authority (PSiRA) and the South African Police Service in Soshuvane dated after the TMPD-1 submission deadline.

“... it is a letter of withstanding issued by the Private Sector Industry Regulation Authority, PSiRA ... certified by the South African Police Service in Soshuvane on the 20th of February 2025 ... those dates are after the submission date of TMPD-1 ...”

The document certified by PSiRA and SAPS could not have been part of the TMPD-1 bid as it was only created months after the bid deadline of October 2024.

“this document could not be a document that was submitted as part of the bid for TMPD-1 because it was only created on its face in February 2025.”

The purported Matthews Posa Municipality mentioned by Sergeant Nkosi does not exist; the actual municipality dealing with Ngaphesheya's tender in Mpumalanga is unclear.

“... the Matthews Posa Municipality, the Commission has established that such a municipality does not exist...we are talking about 11 months ago... we are talking about a province to say it was in Mpumalanga...”

Deputy Chief Dhlamini indicates it might be difficult to verify the tender details and would need to ask Nico or Bheki who may have that information.

“I think that might be difficult for me to do that. It will require either Bheki or someone new. I will ask Nico if he has that”

Item 12 of the tender relates to rates and taxes, indicating the company is in arrears and no lease exists, and directors' rates and taxes are not attached, suggesting an address of Ngaphesheya10 in the relevant municipality to identify the tender jurisdiction.

“item 12 is rates and taxes, it says company is in arrears, and there is no lease, and then it says directors' rates and taxes are not attached”

Deputy Chief Dhlamini denies he assisted Bheki with this tender, despite being suggested he should be able to answer questions about it as he is assisting Bheki.

“I was not helping him, Commissioner, with this tender”

On 25 March 2025, Deputy Chief Dhlamini sent a draft admin report, not a BEC report, to Sergeant Nkosi on a tender related matter because the official City of Tshwane website was off and a list of bidders was requested instead.

“Sergeant Nkosi requested me to send him a list of companies on that day and I requested my office to download it for me on the web. Unfortunately, the website was off for the City of Tshwane... They provided them with this draft admin report. It is not a BEC report, SC. It is a draft report that they are preparing, a close out report that they usually put on the website. So it is not a BEC report”

The draft admin report sent by Deputy Chief Dhlamini was a working document prepared by admin staff to assist the BEC and was not publicly accessible at the time because the City of Tshwane website was off.

“It is a draft administrative report... they need a close out report of all the bidders... It is a working document... the website was off when they already loaded this document on the web”

Deputy Chief Dhlamini admits that the draft admin report is not a BEC report, and it contains the same information that would be available on the website once it is operational again; it was provided because the website was offline.

“It is not a confidential document. It is not a BEC report... the website was off. Then they requested the report, the close out report that they were provided with this draft admin report because it contains the same information that was going to be accessed on there”

Deputy Chief Dhlamini denies discussing procurement matters related to the City of Tshwane with Sergeant Nkosi and says he merely provided administrative records relating to bids and pricing that are publicly available documents.

“Sergeant Nkosi requested assistance with a list of bidders. We did not have any discussions on procurement matters. I have shared the two documents with him, which are administrative records (closing reports) relating to bids and their pricing, which are available public documents”

Document at paragraph 511 is a draft, meaning it is not final yet and while it may currently be worked on internally, a draft document would only be public once finalized.

“The document at 511 in so many ways says draft. ... Surely a draft is meant to be a final document at some stage. Correct? ... And whilst it is a draft, surely it is a document that is still being worked on within the Metro. Correct? ... So if at any stage it is to be public, it will only be public once it is final. Correct?”

The materials given to Sergeant Nkosi are not public documents, contrary to what was claimed.

“They are not public documents what you gave to Sergeant Nkosi.”

The format of the materials provided was such that they knew it was already in the system, implying the information content did not change despite access issues on a particular day.

“The form of that one that was provided is that, I mean, it was, they knew that it is already in the system. We could not access the system on that particular day. So it does not change the content of that information.”

On 5 March, the tender document was already loaded on the system (the website), which closed on 12 August, and the information contained in the draft would be on the system despite the draft status.

“On the 5th of March, Commissioner, I indicated to say this document was already loaded on the system. It closed on the 12th of August, this tender. It was already available in the system. The issue was access to the system ... but the information contained will be there on the system.”

A draft administration report that includes paragraphs 2, 3, and 4 was given to Sergeant Nkosi and it contained no confidential information, despite the website being down at the time and limiting public access to this information.

“SCM would have given that information to Sergeant Nkosi ... because there is nothing confidential in this document ... It was already loaded on the website ... Nobody else could get access to that information at that time because the website was down.”

Deputy Chief Dhlamini shared non-confidential documents with Sergeant Nkosi, asserting there was nothing confidential in what he shared.

“I shared confidential documents with Sergeant Nkosi and I wanted to indicate that there was nothing confidential that I shared with Sergeant Nkosi.”

The document starting at page 511 was not available on the website and was not public, however the same information about company names and pricing was already on the website but not in the exact document format starting at 511.

“The document that starts at 511 was not available on the website, was not available to the public. ... The document that was already loaded on the website ... is the same, the names of companies with their pricing and everything ... Not the document as it is.”

The document starting at page 524 is understood by the Chairperson to show disqualification due to non-registration on CSD, but Deputy Chief Dhlamini says it is standard form and no company was disqualified.

“The heading there says: “Disqualification due to non-registration on CSD.” ... No company that is listed here which was disqualified. It is just a standard form that they will follow.”

The website was off/down when Deputy Chief Dhlamini wanted to get the bid register which contained the draft report, so his office had to request the bid register instead.

“Their website was off, SC. ... They could not get it off the website or from the person who had created it. ... I requested my office to request for a bidders register.”

Deputy Chief Dhlamini asked his office for the bid register because the website was down and they could not retrieve it from the website directly.

“I requested my office to request for a bidders register. ... I knew the website was down when I asked them to request the bidders register.”

Somebody in supply chain management gave the office a draft report although the officials were unable to find the bid register.

“Somebody in supply chain management had given them a draft report.”

Deputy Chief Dhlamini believes there was no harm in giving Sergeant Nkosi the draft report because it was the same information already loaded on the website and not confidential.

“I gave it to him because that is what he requested. And I saw no harm because the same information, it is not a confidential information, it is information that is already loaded on the website.”

Deputy Chief Dhlamini chose to give Sergeant Nkosi the draft report, although this was not a public document and Sergeant Nkosi had not requested this version.

“You chose to give him a document that is not a public document and that he hadn't requested for your version.”

Deputy Chief Dhlamini admits that the City of Tshwane website was down, affecting public access to tender information.

“the website was down”

Deputy Chief Dhlamini admits that he provided the bid register document to Sergeant Nkosi but denies that Nkosi was receiving any special favour, claiming the information was public.

“That is what transpired, but it is not like he was getting any favour”

Deputy Chief Dhlamini denies playing any role in the procurement process related to the bid register request.

“I did not play any role”

Deputy Chief Dhlamini acknowledges that Sergeant Nkosi had a direct line to him and that he also had a line to the procurement department to get the draft report.

“Sergeant Nkosi had a line to you, and you had a line to the procurement department to get the draft report”

Advocate Chaskalson counters that Sergeant Nkosi was getting privileged information that nobody else could get at that time, since the website was down.

“he was getting information that nobody else could get”

Deputy Chief Dhlamini claims he is not sure which other bidders could have requested the bid register information if the website was down and the procurement office was not able to locate it.

“I am not sure who else could have asked the information I believe they were going to provide to him”

Deputy Chief Dhlamini acknowledges he requested the bid register as it is a public document but is unsure why it was requested by others.

“It is because I requested them to ask it, and it is a public document”

Deputy Chief Dhlamini requested his office to obtain the bid register from procurement, claiming it is a public document.

“I requested my office to get it for me”

Deputy Chief Dhlamini refused to assist Sergeant Nkosi with compiling the tender document and instead referred him to Nico, not the official SCM contact person.

“I could not do that”

Advocate Baloyi accuses Deputy Chief Dhlamini of improperly inserting himself into an ongoing procurement process by providing non-public tender information to Sergeant Nkosi instead of referring him to the designated SCM contact.

“Why did you not say to Sergeant Nkosi, here is the person, speak to them?”

Deputy Chief Dhlamini claims that the information he shared with Sergeant Nkosi was already publicly available on the City of Tshwane website, despite Advocate Baloyi's assertion that the document was not publicly available.

“the information I shared was already a public information in the website”

Deputy Chief Dhlamini admits that Sergeant Nkosi is like a brother to him and that he took an interest in assisting him with the bid information.

“Sergeant Nkosi is like a brother to me, and I took interest in him”

Advocate Baloyi refutes Deputy Chief Dhlamini's claim that the bid register document at page 511 was publicly available, asserting it was an internal City of Tshwane document not available to the public and that Deputy Chief Dhlamini shared this document with Sergeant Nkosi.

“you went into the system and got a City of Tshwane document that you agree was not available to the public”

Deputy Chief Dhlamini was not aware that Sergeant Nkosi forwarded the draft report to Mr. Mampane.

“I was not aware of it”

Deputy Chief Dhlamini admits that Sergeant Nkosi asked him for a list of bidders.

“he had asked you for a list of bidders, had he not?”

Deputy Chief Dhlamini confirms that Mr. Mampane is a taxi industry businessman and son of a Mr. Mampane with whom Dhlamini's late brothers worked.

“Mr Mampane is a taxi industry businessman, and that is the son of a Mr Mampane with whom your late brothers worked”

Deputy Chief Dhlamini says it was not strange that Sergeant Nkosi asked for a list of bidders since they communicated extensively about TMPD-1, but Nkosi never spoke to him about TMPD-3.

“He never spoke to me about it, and I do not see it as being strange”

Deputy Chief Dhlamini confirms that TMPD-3 was later cancelled, as noted by the CFO's testimony.

“Yes, I know that TMPD-3 was later on cancelled, as the CFO also indicated when he testified”

Advocate Chaskalson suggests the service providers currently appointed were appointed under a tender from the previous decade, not a recent tender.

“those current service providers are the providers who were appointed to the tender which I think is tender 1/2016/2017”

Deputy Chief Dhlamini states there was an extension granted for the current service providers pursuant to the cancellation of TMPD-3.

“there is an extension that was granted for the current service providers”

Deputy Chief Dhlamini denies that the tender pursuant to which current service providers were appointed dates to the previous decade, claiming it is from financial years 2021/2022 or 2022/2023.

“I am saying it is not . . . [indistinct]”

The tender for security services was first advertised in 2016/2017, but actual work only started in 2022 following a court order.

“When it was originally advertised, it was 2016/2017. When it was eventually awarded, it was pursuant to the court order ... But they only started working after they were appointed pursuant to the court order.”

Deputy Chief Dhlamini states that the current appointment started in 2022 and ended in February 2025.

“they started , yes , either 022 , because the three year ended on the 28th of February 025”

The service specifications for the security tender were drawn up at the very latest in 2016 and may not have changed significantly over the following years.

“The specificati... were drawn up at the very latest in 2016 ... I think the portfolio of the assets might have changed but the specifications might remain. I mean, you will find the current tender that was advertised, when you look at it with the previous one, you might find the specifications being the same.”

Outstanding payments owed to three service providers for security services were unpaid for about six months as of March/April 2025, prompting the CFO to seek intervention.

“The CFO spoke to me about outstanding payments ... owed to three service providers for a period of six months or so ... He requested my intervention to go and investigate and assist ... On the 5th of April ... there were outstanding payments ... The CFO indicated that they were threatening to go to court, and he requested my intervention in that regard.”

There is a fixed rate for ad hoc security services applied when user departments request guards, which must be authorised by checking the general ledger and issuing purchase orders.

“For these sorts of ad hoc services ... you know what the contract with these service providers says in relation to rates ... You have a fixed rate that you apply when you use that service provider ... you look at the general ledger to see if there is money ... You authorise the deployment of the guards and you issue a purchase order.”

The payment process involves verifying that the work was done according to the purchase order, then authorising payment based on the invoice issued after the work is completed.

“Once you have the purchase order in place ... you check whether the work was in fact done. ... If the work was in fact done, you then authorise payment in accordance with the purchase order that was issued at the start of the process.”

Outstanding payments to security service providers occurred because certification of deployment and budget tracking only happened quarterly and the DCP Police only became aware of the issue late.

“The question of deployment of guards ... it falls precisely under APS ... it was overseen by DC Police. ... They allowed service providers to continue for six months. DC Police says it just happened under his nose. There is coaching every quarter with the directors where you check your budget. ... He could not pick it up the first quarter, he could not pick it up the second quarter ... They sign off invoices, certify them that services have been rendered.”

Invoices for services rendered were received with no purchase orders generated, contrary to City policy.

“No POs were generated”

Service providers were deployed to site without purchase orders, overseen by Director Malatji who should have ensured procedures were followed.

“They were deployed within APSS. I think the Director... Director Malatji... is the one who is overseeing those services ...That is correct”

There is a policy in the City that invoices need to be processed within 30 days, but this was not followed, leading to invoices overdue more than six months.

“there is a policy in the City that invoices need to be processed within 30 days ... invoices sit for a period of longer than six months without being attended to”

Deputy Chief Dhlamini admits that invoices from July 2024 were sitting unpaid for over six months despite services being certified as rendered.

“invoices sit for a period of longer than six months without being attended to”

Invoices must be certified by the relevant department before payment is processed, including ensuring contract existence and service level agreements are in place.

“The section concerns must certify services as rendered... Accounts payables' duty is to ensure that there is an invoice, the invoice is in order, there is an SLA in place ... the contract, its existence”

Invoices from service provider Gubis must be certified by APSS for services rendered and signed off before payment.

“If Gubis ... issues an invoice ... it goes to APSS ... They must certify that services have been rendered ... It must come either ... with those penalty clause being indicated to say they were penalised”

Deputy Chief Dhlamini accepts responsibility lapses in the section concerned, with Director Malatji being responsible for oversight of invoicing processes, but no one was held accountable for the delayed payments.

“I take the section concern, I think Director Malatji because he was overseeing these services... No one was held accountable”

By the time the City receives service provider invoices, the contract may no longer be operative, but the invoices relate to a period when the contract was operative.

“But by the time the City gets the invoices, that invoice, the contract is no longer operative, but the invoice relates to a period when the contract was operative.”

If the contract ends, no more invoices can be accrued and paid after that date; processing invoices requires an active contract.

“the last invoice, the contract, if it ends February, that will be the last invoice that will be accrued and be paid. So if there is no longer a contract in place, you will no longer be able to process those invoices because there is no contract in place”

There was a risk of service providers going to court for unpaid invoices as contracts were ending and no extensions secured, risking court orders against the City.

“People were going to court and we were going to pay them on a court order because there will no longer be a contract to pay those invoices”

There was an instance where a contract ended and a post facto invoice for CCTV was involved and is under some form of investigation.

“We had an instance of a contract that ended and then had to go a post facto issue, CCTV, which is under some form of investigation that process.”

Invoices were only received by the department in February, despite a delay in forwarding them, leading to questions about accountability for delayed invoice processing.

“if someone is responsible for not following the City's systems and for not forwarding invoices to your department promptly when the invoices are issued by the service provider, why are they not held to account?”

The February contract was extended and the rush in March was related to the contract extension.

“The extension was granted end of February. I am just indicating to say these were going to be the risks.”

The department only received the invoices in February.

“your evidence is that your department only received these invoices in February? Correct.”

No consequence management was taken for sitting on invoices for six months.

“In this instance, there was none, SC, that was taken.”

An increase in contract value was requested to cover the shortfall caused by processing six months' invoices in one month.

“increase the target value as the amount is a bit higher. ... It is around increasing the contract value ... So you need to increase it to cover this shortfall ... You have to deal with six months' invoices for one month.”

Cain Mpofu is in supply chain management, Vusi Mabona is in accounts payable contract management within TMPD, and Tommy works at the budget office.

“Cain is Cain Mpofu in supply chain management? Correct, SC. Vu si works within accounts payable contract management within TMPD. ... Tommy works at the budget office.”

Money from unspent amounts in previous months does not roll forward because monthly invoices are for ad hoc additional services, not regular monthly invoices.

“No, you do not bring money forward. ... on a monthly basis, these were additional services that they have requested, the ad hoc. There is no normal invoices for every month for Watchman Services.”

Deputy Chief Dhlamini communicated with the CFO through Sergeant Nkosi, who was made an extension to act as an intermediary by the CFO.

“The CFO saw it fit that he must use Sergeant Nkosi to communicate with me. He made Sergeant Nkosi his extension to communicate with me. I was responding to the CFO through Sergeant Nkosi.”

Normal services invoices were paid, but ad hoc services were not rolled forward if unused.

“They were paid too. ... Yes, but the ad hoc provision you have in your general ledger for these services, do you not roll it forward if it is not used? No.”

The arrangement to communicate through Sergeant Nkosi was criticized as improper and unlawful by ADV Baloyi SC, questioning Deputy Chief Dhlamini's seniority and decision not to deal directly with the CFO.

“You are not a junior employee who just follows what the CFO chooses to do, even when it is irregular and may be even unlawful. You are senior ... why did you not choose to deal directly with the CFO when you saw ... you who has the power and status to deal with him directly ... Why did you choose to continue anyway?”

Deputy Chief Dhlamini claimed he did not choose the arrangement of dealing through Sergeant Nkosi on his own but was requested by the Chief's office to provide feedback through chain of command processes.

“I did not choose, Commissioner, out of my own. ... On the 6th of March, I was requested to provide feedback by the Chief's office ... to respect higher offices so I give feedback to my Chief ... so I can maintain that chain of command rather than communicate direct ...”

Deputy Chief Dhlamini acknowledged it was a very unfortunate situation to have to respond through Sergeant Nkosi, but that he felt compelled to comply with the chain of command.

“He made Sergeant Nkosi his extension that I must respond to on his questions and so forth, which became a very unfortunate situation that transpired.”

The Deputy Chief accepts it should not have happened that payment issue resolution involved Sergeant Nkosi, implying it was incorrect for the CFO to involve a member of the public in such matters.

“To say it should not have happened .”

Deputy Chief Dhlamini did not think it was improper for the CFO to involve Sergeant Nkosi in resolving unpaid invoice issues, but acknowledged it should not have happened.

“Not me, Commissioner. He was involved by the CFO ... It should not have happened, Commissioner.”

The Deputy Chief considers it incorrect for the CFO to have involved Sergeant Nkosi from the start of the payment issue matter but rejects the term 'improper' for this involvement.

“I would not use the improper, Commissioner. I will say it was incorrect maybe for the CFO to have involved Sergeant Nkosi from the onset on this matter.”

The Deputy Chief stated he communicated through Sergeant Nkosi to the CFO concerning payment issues, denying direct communication to Sergeant Nkosi.

“I was responding, Commissioner, to the CFO. I never communicated to Sergeant Nkosi.”

The Deputy Chief denies directly involving Sergeant Nkosi himself in the payment matter, insisting Sergeant Nkosi was an extension of the CFO.

“I did not involve Sergeant Nkosi. He was the CFO's extension, Commissioner.”

On 23 March, Deputy Chief Dhlamini communicated with Sergeant Nkosi about arranging a meeting to get clarity on a matter involving Gubis and to check with the CFO on advice.

“Afternoon, Captain. ... Cain called me on Friday and asked if Gubis want to meet up with me on Saturday. I then pushed the meeting to Monday ... Please check with him on this and his advice, if I should go or drop them ...”

Calvin Mahlangu, director of Gubis, had called the CFO on 4 March about unpaid invoices, and Deputy Chief Dhlamini was aware of this before his intervention on 5 and 6 March.

“I am saying that is what the CFO indicated to me on the 4th of March when he was requesting my intervention.”

Deputy Chief Dhlamini decided not to meet directly with Gubis until receiving the CFO's attitude on claims for outstanding payment.

“And you would not meet with Gubis because you wanted first to speak to the CFO to find out what his attitude was to a claim from Gubis for outstanding payments?”

Deputy Chief Dhlamini acknowledged that all invoices had been paid except for the June 2024 invoice, which was from the previous financial year.

“The invoices had all been paid except for the June 2024 invoice which was from the previous financial year.”

Deputy Chief Dhlamini chose to communicate with the CFO only through Sergeant Nkosi due to the existing relationship and protocol, refusing to ask the CFO directly for contact details.

“I know he has a relationship with the CFO and when he called me, he used Sergeant Nkosi ... The CFO never asked for my contact numbers ... And he is senior to me, I would not just go and ask for his contacts.”

Deputy Chief Dhlamini confirmed that he and the CFO are brothers and talk frequently, supporting his belief that communication via Sergeant Nkosi was an effective channel.

“I know that they are brothers. They talk frequently.”

Deputy Chief Dhlamini criticized Calvin Mahlangu's initial approach to speak directly to the CFO instead of maintaining a single communication line, which he believes should be kept consistent.

“The initial approach of Mr Mahlangu was to speak to the CFO. So, I find it amazing that why would he drop the ball to the lower level and now want to engage with me on such matters.”

Deputy Chief Dhlamini explained that by 'centre should be one' he meant that communication lines should remain the same and consistent throughout the process.

“When I said the centre should be one, it means communication lines. They should maintain the same communication lines that they have started.”

There is a prescribed internal procedure to first approach Director Malatji for issues related to payment, before escalating to the Director of Finance or to Deputy Chief Dhlamini and the Chief.

“the correct procedure is to go to Director Malatji”

The unpaid invoice matter requires a post-factor report that must be internally routed through legal and finance departments before payment can be processed.

“That invoice needs a report, a post-factor report that must go through to legal, for comments, to finance”

In this case involving an unpaid invoice, communication had already started directly with the CFO, so the normal procedure to first contact Director Malatji was not strictly followed.

“they have already started their communication with the CFO”

The unpaid invoice dispute should have started with Director Malatji as per internal process, but parties insisted on going to the CFO who had already been involved.

“let them then go and see the CFO as they have started”

Deputy Chief Dhlamini discussed the unpaid invoice process with Cain, Andrew, and others in a meeting, explaining the steps to be followed and internal processes.

“The explanation was done in a meeting that we had, Commissioner, with Cain and them, Andrew, and here they were just requesting a meeting”

Gubis representatives wanted to meet Deputy Chief Dhlamini regarding the unpaid invoice issue and payment, but Deputy Chief Dhlamini did not explain the problem or process to Gubis prior to the meeting.

“he met with them, he spoke to Calvin, he was the entry point to speak to Calvin on this matter of outstanding payment... I had not explained the process”

Gubis and Cain requested to meet Deputy Chief Dhlamini, but he referred the matter back to the CFO as per the internal process, instead of meeting them directly to explain the process.

“I push the meeting to Monday with a view of getting direction from kuMfowetho Thursday... Please check with him on this and his advice if I should go or drop them”

Sergeant Nkosi was advised to check with kuMfowetho before setting or dropping the meeting with the Gubis representatives, meaning Deputy Chief Dhlamini involved chain of command due to uncertainty on the discussion content.

“He met with them, he spoke to Calvin... So I felt it would be proper for them to exhaust everything with the CFO”

Deputy Chief Dhlamini did not consider it appropriate that the CFO made Sergeant Nkosi his extension, clarifying that he was communicating with the CFO through Sergeant Nkosi and providing feedback that way.

“I did not consider it appropriate as I indicated that CFO made Sergeant Nkosi his extension. He was communicating with me through Sergeant Nkosi, and I was providing feedback to the CFO through Sergeant Nkosi.”

Deputy Chief Dhlamini shared the invoice only with the CFO and not with Sergeant Nkosi.

“I did not share it with Sergeant Nkosi. I was sharing it with the CFO.”

Deputy Chief Dhlamini shared a confidential invoice document from Gubis with Sergeant Nkosi, despite the CFO stating he did not share it and claiming confidentiality.

“because it was you who shared this invoice with Sergeant Nkosi”

Deputy Chief Dhlamini confirmed he contracted Sergeant Nkosi to negotiate prices on his behalf, explaining it as a service contract similar to selling a car through a negotiator.

“I believe if there are a buyer and a seller, I am selling a car, I contract someone to negotiate for me the price with the buyer. I have contracted the services of that person and that is exactly what transpired in this instance.”

Deputy Chief Dhlamini met with representatives from Gubis, including Mr Mahlangu and Mr Andrew Kgwadi, to discuss the issue of an outstanding invoice.

“It was Mr Mahlangu and Mr Andrew something. ... I think it is in the email, SC. I am not sure what is his surname. Is it Kgwadi or something like that? Mr Andrew Kgwadi.”

Deputy Chief Dhlamini explained that the outstanding invoice related to the 23-24 financial year and was never accrued at the end of that financial year, requiring a post-factor report generated by the section APSS.

“I explained to them since this invoice relates to the 23-24 financial year, it was never accrued accordingly at the end of financial year. There should be a post-factor report which must be generated by the section. ... That is Director Malatji's section.”

Deputy Chief Dhlamini communicated via Sergeant Nkosi to the CFO regarding a meeting with Cain and others, instructing that they should go back to KuMfowethu as he is the only gateway and no back door should be used.

“I had a meeting with Cain and those guys today as I indicated. I told them that they should go back where they have started kuMfowethu. I said to them he is the only gateway. They cannot go with a back door. I will only be able to assist if I get an indication from kuMfowethu. Protocol must be observed at all costs.”

Deputy Chief Dhlamini told the representatives that they should go to Director Malatji to get a report generated, and he also conveyed this to them.

“I also did so with them.”

The CFO thanked Deputy Chief Dhlamini for telling the meeting participants to go to him for payment processing in the future.

“Thanks, my bra. This is the way much appreciated.”

Deputy Chief Dhlamini told the representatives that the payment process must go through APSS and Director Malatji who will take them through finance for processing and payment, but he refused to be on board to work directly with them.

“I told them the process that they should work through the APSS. Director Malatji, he will take them through to finance for processing and payment. But they prefer to say I should be on board, I meant to work with them and I refused.”

Deputy Chief Dhlamini explained to the representatives that for future payments, there is a process to follow involving purchase orders, invoice issuance, department authorization and payment, and he cannot be part of direct communication on payments.

“I explained to them what is the process and so forth and what was my intervention all about and it ended there. The process I have outlined to them to say we have a process that should be followed accordingly, and I cannot be able to be - they communicate with me either direct on these processes of payments and so forth.”

Deputy Chief Dhlamini said if the representatives have challenges, they can go back to the CFO, but emphasized the proper process must be followed for payments.

“I said if they have challenges, they can go back to the CFO.”

Deputy Chief Dhlamini stated that if payment has not been authorized by his department, it is either Director Malatji has not sent an invoice or the work has not been done.

“If your department has not authorised payment, one of two things has happened. Either Director Malatji has not sent you an invoice. Or Director Malatji has said to you this work was not done.”

Deputy Chief Dhlamini said it would not be appropriate for the CFO to deal with payments directly in cases where the invoice has not been authorized or the work has not been done, explaining he is not part of such communication and the process must be followed.

“They wanted to draw me on board in terms of communicating with them on future payments and so forth. And of which I said I cannot be part, there is a process that I have outlined like the question of the post-facto payment report. There is a process outlined and they should follow it. I will be able to get indication from the Director of Finance if there are outstanding payments and invoices and if processes have been fully complied with, definitely in that instance I will be able to intervene as I usually intervene in various cases. I did not want to deal with them as an entity apart from the entire service providers.”

Deputy Chief Dhlamini stated that the payment discussions he referred to with the representatives were historical regarding an old invoice, not future payments, and any future problems should be dealt through normal procedures with the CFO as the gateway.

“Much as I indicated, that is where they have started in this process of this payment. And I helped because I intervened as the CFO requested and also there were emails coming from the Department of Outstanding Payments, from the Chief's Office and so forth. ... So, you are directing them straight to the CFO to solve the problem. ... So, you are not talking about future invoices if there are issues? ... So, you are talking about something historical here.”

There was an outstanding payment issue explained to the entities, who did not find joy going to Malatji for resolution, and were advised to come directly to Deputy Chief Dhlamini if they experienced challenges in the future, but they insisted on resolving it through Malatji or the CFO.

“There were two aspects, Commissioner. The outstanding payment I explained to them, and they did not find joy going to Malatji... They will address it with Malatji or if they feel the CFO will deal with it, they will have to go back to him.”

Deputy Chief Dhlamini confirmed he told the entities to return to the CFO for resolution after explaining the process to them, indicating there is no shortcut to the payment process.

“Yes... I said to them, go back to the CFO... Correct.”

Deputy Chief Dhlamini stated he used the words 'he is the only gateway' to indicate that the entities must go back to where they started KuMfowethu and cannot use a backdoor, and that he will only assist if he gets an indication from KuMfowethu.

“I said to them, he is the only gateway. They must go back where they started KuMfowethu... They cannot go with a back door. I will only be able to assist if I get an indication from KuMfowethu.”

Advocate Chaskalson stated it does not make sense to communicate with the CFO for the single outstanding old invoice once the process is followed and if Director Malatji makes the appropriate motivation, there is no need to go to the CFO for payment.

“Telling them to use the CFO as a gateway for the one single outstanding old invoice does not make sense... If Director Malatji makes the appropriate motivation, they will be paid. There is no need to go to the CFO.”

Deputy Chief Dhlamini communicated that if he receives a future request from the CFO regarding payment issues, he might assist, but no request should come directly from the entities to him.

“If I get a request maybe in future from the CFO I might assist them... No request coming direct from them to me.”

Deputy Chief Dhlamini explained to the entities that the established payment process must be followed and that he only intervenes if he receives instruction from the Chief of Police that companies were not paid appropriately.

“I explained that the process to them of future invoices, how they should be followed... If I get a request from the Chief of Police to say these companies were not paid to intervene, I will intervene like any other companies I intervene on.”

Deputy Chief Dhlamini said he was not comfortable working directly with the entities to establish a direct working relationship, preferring that they start with the CFO and that he does not want to owe any person any favour or be involved in direct payment matters.

“I am a free runner... I do not want to owe any person any favour or anything... I cannot be communicating with them direct on matters of payments. There are people within the section who deal with that.”

Deputy Chief Dhlamini asserts that payment or other difficulties within the Department must first be addressed internally before escalating to the CFO, who is the only gateway for assistance.

“If they experienced difficulties from the Department of non-payment or whatsoever, I am also part of the Department. And if they cannot win within the Department, they must go to the CFO. Because if I did not resolve their problem within the Department, they must go to the CFO and deal the matter with him. They cannot just come to me and want to work with me directly on matters of their payment.”

Deputy Chief Dhlamini denies awareness that Gubis was a bidder for TMPD1 but admits knowing Gubis was a successful bidder.

“I was not aware. ... No, I was not aware. ... Yes.”

Deputy Chief Dhlamini confirmed the presence of two lists discussed with Sergeant Nkosi and the CFO, one from Nico's mandate and another list of seven different companies requested by Sergeant Nkosi for compliance checking.

“You had forwarded to Sergeant Nkosi the list of companies that Nico had said was the mandate he had given to Victor. ... And an hour later you had forwarded him the list of seven companies that you said was our list in order of priority. ... And the second list was a list of seven different companies that Sergeant Nkosi asked for because he asked you to check for a list of seven different companies for compliance because he did not like the list that Nico had given you.”

The WhatsApp chat shows a discussion involving Sergeant Nkosi, the CFO, and Deputy Chief Dhlamini about lists of seven companies either for compliance checking or tender award rigging related to TMPD1.

“Sergeant Nkosi had forwarded to the CFO your message saying: “These are the vehicles for land to be given ku Mfowethu in order of priority and you had listed seven names. We discussed that on Friday.” And at the bottom of the screenshot, the CFO had responded to that specific message about the seven companies in order of priority saying: “This is ours Mfowethu, this is the final list, right. Yes, it is our final list.””

Deputy Chief Dhlamini admits that communication with Sergeant Nkosi was by cell phone calls but not on WhatsApp voice or messages during a key time window on 25 March.

“We spoke, SC. It might have been in a straight call, but we spoke. ... You said: “We spoke on a cell phone call.””

Deputy Chief Dhlamini acknowledges there was no WhatsApp voice call between him and Sergeant Nkosi between 08:02 and 09:30 on 25 March as per cellular records, and accepts this if found to be false.

“If we do that and find no call then this version is false. ... I will accept.”

No cell phone call record exists between Deputy Chief Dhlamini and Sergeant Nkosi between 08:02 and 09:30 on 25 March, contradicting earlier claim of such communication.

“There is no call between you and Sergeant Nkosi between 08:02 pm and 09:30 pm on 25 March. It does not exist.”

Deputy Chief Dhlamini admits Sergeant Nkosi used two phone numbers, complicating phone record checks.

“Whether it is one number because he used to call with two numbers and so forth. ... He also used two numbers.”

Deputy Chief Dhlamini states that if parties had access to Mr Mpofu, the head of supply chain, they nearly did not need him for payment matters.

“if they had access to Mr Mpofu, who is the head of supply chain, nearly they did not need me”

Legal counsel asserts the communication between Deputy Chief Dhlamini, Sergeant Nkosi, and the CFO regarding vehicles for land was about prioritising companies for corrupt tender rigging, excluding Gubis who was anxious to be included and ultimately succeeded.

“What your communications with Sergeant Nkosi and the CFO in relation to vehicles for land in order of priority was about was actually about which companies were going to be given priority for the tender to be rigged in their favour. And Gubis was not on that list. And that why Gubis was so anxious to speak to you and then to the CFO was because Gubis wanted to be on that list. And somehow Gubis managed to find its way into the final award of the tender.”

There were chats involving alleged companies from the EFF totaling 7, plus other companies from Nico to Victor totaling 7, and additional companies for land vehicles; Gubisi is not on any of these lists.

“in the second last chat, remember it is that list that allegedly came from the EFF and its seven companies... And then on 176, it is the one that you said was from Nico to Victor... And it is seven different companies, so in total 21. And Gubisi is not in any of those lists.”

Sergeant Nkosi informed the CFO about a meeting with Cainan and others regarding the process, emphasizing protocol must be observed and that kuMfowethu is the only gateway.

“I had a meeting with Cainan and those guys today. As I indicated, I have told them that they should go back where they have started kuMfowethu. I said to them he is the only gateway. They cannot go over the back door. I will only be able to assist if I get an indication from kuMfowethu. Protocol must be observed at all costs.”

Sergeant Nkosi sent a screenshot of his communications with the CFO to Deputy Chief Dhlamini on 27 March at 7:55 pm.

“you will see the screenshot that was sent to you at 7:55 at page 527. It is a screenshot of Sergeant Nkosi's communications with the CFO.”

The CFO responded to Sergeant Nkosi with a message saying 'Thanks, my bra. This is the way. Much appreciated.'

“The CFO responds at 19:43 : “ Thanks, my bra. This is the way. Much appreciated .””

Mandla Mgcina is making calls to the CFO and Sergeant Nkosi sends screenshots of such communications to Deputy Chief Dhlamini.

“missed call and a voice call for five minutes. And then there is a screenshot that the CFO sends of a missed call from Mandla Mgcina to the CFO at 8:55 and two calls between Mandla Mgcina and the CFO at 9:33. And that is what Sergeant Nkosi sends you.”

Deputy Chief Dhlamini did not take into account Mandla Mgcina's calls to the CFO because he never met Mandla Mgcina.

“I never took that into account of Mandla Mgcina because I never met with Mandla Mgcina”

Mandla Mgcina is the person receiving a large part of the proceeds of Gubisi's contracts with the City of Tshwane.

“Mandla Mgcina , the evidence will show , is the one who is receiving a large part of the proceeds of Gubis' contracts with the City of Tshwane”

Mandla Mgcina is the nephew of Mr Sibanyoni, which Deputy Chief Dhlamini was unaware of and says he only heard from counsel.

“Mandla Mgcina is the nephew of Mr Sibanyoni. You were aware of that? I am not aware. I heard it from you. I have never seen him. I have never met him”

Advocate Baloyi suggests that the parties knew of Deputy Chief Dhlamini's contact with the CFO and Sergeant Nkosi and that this was why they engaged with him about being awarded the tender.

“I want to suggest that as a possible explanation, that it is because they knew of your proximity through Sergeant Nkosi and your dealings through Sergeant Nkosi with the CFO, and they would have had those engagements with you about being awarded the tender on that basis”

Deputy Chief Dhlamini confirms he received complaints from the CFO about payment and that Mr Mahlangu called the CFO as well.

“I got their complaint of payment from the CFO. He indicated also here that Mr Mahlangu called him.”

Deputy Chief Dhlamini denies that parties engaged with him on the basis of his proximity to the CFO and Sergeant Nkosi.

“That is not correct”

Deputy Chief Dhlamini confirms that Cain is the head of supply chain and that parties have direct contact with the CFO, questioning why they would need him to assist with appointments.

“they have direct contact with the CFO. Why would they need me to assist them?”

Deputy Chief Dhlamini denies the suggestion that the contact with the CFO was about payment of invoices was implausible.

“That is not true, what you are saying.”

Advocate Chaskalson asserts that Gubisi would not approach Deputy Chief Dhlamini if they wanted to rig the tender, but would go directly to the CFO.

“So Gubisi would not go to you if they wanted to rig a tender. They would go to the CFO, you are suggesting?”

Deputy Chief Dhlamini states he had no role with Gubi and was not involved in assisting them regarding contact with the CFO.

“I just wanted to express to you that I had no role with Gubi or whatsoever to be in a position even to assist them.”

Deputy Chief Dhlamini states the contact with the CFO was about payment issues concerning Gubi.

“It was around payment, SC, and that was all about it.”

Deputy Chief Dhlamini confirms Sergeant Nkosi forwarded the termination letter to him on the instruction of the CFO to note the termination and discuss it.

“Sergeant Nkosi forwarded this letter to me to say the CFO said I should take note of this termination, he will discuss it with me.”

Deputy Chief Dhlamini and the CFO later discussed the termination letter; the CFO may have called Dhlamini after requesting numbers from Sergeant Nkosi.

“Later on, yes, we did discuss. I think I am not sure if he called me because I think he requested the numbers from Sergeant Nkosi and called me around this.”

Sergeant Nkosi sent Deputy Chief Dhlamini a termination letter from Deputy Chief Spiester regarding Gubi's termination of services at various Tshwane sites.

“Sergeant Nkosi sent to you a document called “Termination Letter CO T adhoc” and the letter that that document was is a letter from Deputy Chief Spiester terminating the provision of services by Gubi at a range of sites in Tshwane.”

Deputy Chief Dhlamini agreed it was urgent to ensure that service providers submit their June invoices early for financial year-end accrual purposes.

“Yes, I can say so. Remember that end of financial year people need to ensure that actually we request service providers to submit invoices for June earlier so that we are able to ensure that they are being accrued accordingly.”

Deputy Chief Dhlamini states the discussion with the CFO was about year-end financial matters to ensure accrual of invoices so no outstanding invoices remain unpaid in the City's financial statements.

“It was around year-end, financial year regarding to ensure that we accrue accordingly the invoices of the previous financial years so that we do not sit without standing invoices which were not accrued accordingly in the financial statements of the City.”

Deputy Chief Dhlamini states the termination letter was relevant to ensure recognition that services were terminated and no more invoices should be submitted beyond June for accrual purposes.

“To take note to say the services have been terminated, we need to ensure that there is a MOPA plan in terms of ensuring that there are no outstanding invoices.”

Deputy Chief Dhlamini states the CFO wanted to emphasize that the termination would mean the last invoice for June and no further invoices thereafter would be accepted.

“Yes, SC, he wanted to see, for me to note that this will be the last invoice for June and there should not be any other. I should be able to also monitor, follow up this process.”

Deputy Chief Dhlamini states if invoices come after June rendered services, it is uncertain if they should be paid because the agreement had been terminated.

“If the invoices have rendered services, then it comes after June or services were not rendered they bring an invoice, I am not sure.”

Deputy Chief Dhlamini states the termination related to end-of-June invoices and payments.

“No, definitely. Definitely it was relating to end of June invoices.”

Deputy Chief Dhlamini agrees urgency of notification was about accrual issues not specifically about termination itself.

“It was just an emphasis as I indicated.”

Deputy Chief Dhlamini explains the CFO found it easier to handle communication through Sergeant Nkosi rather than himself.

“I indicate earlier on to say the CFO might have find it easy for him to use Sergeant Nkosi and I could not, I mean be held responsible for the CFO.”

Deputy Chief Dhlamini states there was urgency to ensure invoices were accrued properly as per the MOPA plan to avoid outstanding payments in the new financial year.

“As I indicate earlier on to say he said I need to ensure that invoices get accrued accordingly. There is a MOPA plan in terms of the ad hoc services that we do not see ourselves having outstanding payments in the new financial year.”

Deputy Chief Dhlamini confirms the problem of ensuring accrual of invoices at financial year-end exists for all contracts whether terminated or continuing.

“Correct, SC.”

Deputy Chief Dhlamini stated that the termination was not about the termination letter itself but about ad hoc services rendered and ensuring accrual of every invoice for proper financial year closure.

“I t i s n o t a b o u t t h e t e r m i n a t i o n , i t i s a b o u t s e r v i c e s t h a t w e r e r e n d e r e d u n d e r a d h o c s e r v i c e s a n d s o f o r t h . S o h e w a s j u s t i n d i c a t i n g t o s a y t h i s h a s b e e n t e r m i n a t e d , l e t u s e n s u r e t h a t w e a c c r u e e v e r y i n v o i c e s , w e e n s u r e t h a t I m e a n w e c h o s e t h e f i n a n c i a l y e a r p r o p e r l y”

Deputy Chief Dhlamini confirmed that the urgency related to issues of accrual of invoices which were not specifically caused by the termination letter.

“if there was any urgency , it did not relate to the termination letter , it relate to issues of accrual of invoices which were not specifically caused by the termination letter .”

Deputy Chief Dhlamini explained that payments for Gubisana increased from 1.8 million to 14 million between six months and February related to additional ad hoc services procured from January.

“we were paying Gubisana amount of , it is 1 . 8 or some thing , million when it has inclusive of VAT per month . Come January , adhoc increased just for Gubis to 14 million in February , when I picked it up in March ... this was in relation to those additional services that were procured since January ... which escalate the adhoc services .”

Deputy Chief Dhlamini confirmed that only Gubisana's services were terminated and no other ad hoc service providers were terminated.

“Its service have been terminated ? Correct , Commissioner . No one else was being terminated ? No .”

Deputy Chief Dhlamini indicated that the services authorized by Mr Phiri were mainly those of Gubisana involving water treatment plants.

“it is mainly the services that were authorized by Mr Phiri were these ones of Gubis , for water treatment plants and so forth .”

Deputy Chief Dhlamini affirmed there was urgency created related to accrual of invoices, but not specifically from the termination letter alone.

“There was . Yes , much as I am saying we do not need to look at the termination in isolation of the subject matter that he was talking about . He was emphasizing the issue of invoices , SC .”

Deputy Chief Dhlamini confirmed Ngôato is the attorney (not a standard advocate) associated with Sergeant Nkosi who sent the message about rescheduling due to his wife in hospital.

“It is Sergeant Nkosi ' s advocate ... It is in fact this attorney , not his advocate . Mr Ngoato who has the place at ... Hartbeespoort Dam .”

Deputy Chief Dhlamini stated he was supposed to view a venue with Sergeant Nkosi at Hartbeespoort Dam, but the appointment was rescheduled because Sergeant Nkosi's wife was hospitalized.

“we were supposed either to view that venue because we wanted to use it for a couple 's seminar in our DPS and his wife was also sick ... he rescheduled our appointment because he wanted to rush to the hospital .”

Deputy Chief Dhlamini received a screenshot from Sergeant Nkosi stating he was rushing to attend to an incident due to his wife being hospitalized, which led to rescheduling appointments.

“Sergeant Nkosi sent me this screenshot . Then I write to him to say , I thought you told him that your wife is in hospital and you had to rush there and reschedule our appointment . That is what he told me to say , he is rescheduling our appointment because he is rushing to hospital .”

Advocate Baloyi points out that Sergeant Nkosi's WhatsApp messages do not mention he is at another job or scene, and thus questions Deputy Chief Dhlamini's inference that Nkosi was attending elsewhere.

“O k a y , b u t t h i s s c r e e n p a g e t h a t S e r g e a n t N k o s i s e n d s t o y o u , i t d o e s n o t s a y h e i s a t a n o t h e r j o b . T h e r e i s n o a c c o m p a n y i n g m e s s a g e t h a t t e l l s y o u t h a t S e r g e a n t N k o s i i s i n f a c t a t a n o t h e r s c e n e . W h e r e d o y o u d r a w t h a t f r o m , t h a t h e h a s g o n e s o m e w h e r e e l s e i n s t e a d o f g o i n g w i t h y o u t o g o a n d s e e t h e v e n u e ?”

Deputy Chief Dhlamini states that Sergeant Nkosi postponed their joint appointment saying his wife was in hospital and he must go visit him, but later messages show he is attending to something else and has cancelled the viewing.

“S o w e w e r e s u p p o s e d t o g o t h e r e a n d m a k e a r r a n g e m e n t s f o r a c o u p l e s ' s e m i n a r . H e p o s t p o n e d m e a n d s a y s w e c a n n o t g o t h e r b e c a u s e m y w i f e i s i n h o s p i t a l , I m u s t g o a n d v i s i t h i m . S o I a m s u r p r i s e d t o s a y , b u t y o u a r e t a k i n g o t h e r c o m m i t m e n t s .”

Deputy Chief Dhlamini indicates he was shown WhatsApp chat messages by Sergeant Nkosi that initially said he postponed the appointment but later indicated he was attending to something else that caused cancellation.

“A s m u c h a s I a m s a y i n g t h i s c h a t h e w a s s h o w i n g m e t o s a y h e p o s t p o n e d m e e a r l i e r o n , b u t h e i s n o w s h o w i n g m e t o s a y h e i s a t t e n d i n g t o s o m e t h i n g e l s e .”

Deputy Chief Dhlamini received a series of application receipts from Sergeant Nkosi related to trainees in the TMPD, indicating many applications received from various sources hoping for employment in the City.

“t o s a y t h e a p p l i c a t i o n r e c e i p t s t h a t S e r g e a n t N k o s i h a v e s e n t m e , I r e c e i v e d q u i t e a l o t o f t h e m f r o m v a r i o u s p e o p l e , f a m i l y , c o l l e a g u e s , f r i e n d s , a n d s o f o r t h , t o s a y , p e r h a p s , c a n y o u a s s i s t w i t h t h i s , w i t h t h e h o p e o f s e c u r i n g e m p l o y m e n t i n t h e C i t y . S o I r e c e i v e d q u i t e a l o t o f t h e m .”

The Metro Police Department shows wrongdoing in recruitment processes, characterized by arrogance or collusion between the department and a key accounts specialist, and Deputy Chief Dhlamini emphasizes this is a repeated issue.

“W h a t I s t a t e d h e r e a b o v e i s a n i n d i c a t i o n t h a t t h e M e t r o P o l i c e D e p a r t m e n t i s h e l l - b e n t o n c o n t i n u i n g t o c o n d u c t w r o n g d o i n g s o n a r e p e a t e d b a s i s w h e n c o m i n g t o r e c r u i t m e n t . O n e c a n c o n c l u d e t h a t i t i s e i t h e r a r r o g a n c e b y t h e d e p a r t m e n t o r t h e k e y a c c o u n t s p e c i a l i s t , a n d o r b o t h c o n n i v i n g a n d e n j o y i n g t h e s a m e a r r o g a n c e .”

Nadia Silas disregarded the proper procedure by not liaising with the Director MAS on recruitment matters in the Metro Police Department and prefers only working with white managers, undermining the African and black Director MAS.

“Nadia Silas undertook it differently and she cannot even provide proper advice on the right procedure or at least the role of the department director for MAS to whoever is giving the so - called instruction... the Key Account Specialist is only comfortable only in working with white managers and continue to undermine the existence of director MAS, probably because he is African and black in particular.”

D C Bolhuis continues to handle arbitrations related to HR grievances due to the internal exclusion of Dhlamini in HR matters, maintaining the status quo within the Metro Police Department.

“The status quo is such that D C Bolhuis will continue doing arbitrations and so forth... much as D C Bolhuis, when he came here, it was clear that he is attending arbitrations and so forth, which are all related, coming from grievances and so forth, which get run by Director Nwandule, who must go to step three.”

There is a problematic working relationship and work politics within the Metro Police Department involving Nadia Silas, the Director MAS, and a Key Account Specialist who refuses to work collaboratively, exacerbated by racial tensions and inclinations.

“In that meeting, it was resolved that the Key Account Specialist must liaise with the Director MAS in whatever HR-related matters within the department. But you can take from the email that came back on the 8th of May that there was no any effort of the two trying to work together... There is a click that works within the department of I mean people preferring, Dhlamini it is black, we cannot include him on these matters that relate either to HR or whatever the case might be.”

Deputy Chief Dhlamini frequently receives inquiries from the public about recruitment adverts, assists with confirming genuine adverts, and provides information throughout the recruitment processes to those inquiring.

“I get inquiries from members of the public, either communities to say is it perhaps a bogus advert or not, confirm if this is a real advert whatever the case might be... I give them information.”

There is a cabal within the Metro Police Department that deliberately manages HR matters to exclude Dhlamini and prefer white people, implying racial discrimination in recruitment processes.

“They will change them and put, I mean, white people to say Nadia, you will select white people, you will work with these people only on this matter and ensure that Dhlamini does not get information in this regard. So it is a cabal that it is run in the department and on HR matters...”

Positions such as cashier and administrative officer referenced in documents at pages 540 and 542 were within the Tshwane Metro Police Department.

“The first receipt at 540 is for a position of cashier. Is that a position within the TMPD? The position was within the TMPD. The second application at 542, administrative officer, is that also at TMPD? The position was within the TMPD.”

Deputy Chief Dhlamini has role in appointments within the Tshwane Metro Police Department but not outside it.

“You have a role in relation to appointments within the TMPD. That is correct. Do you have a role in relation to appointments outside the TMPD? No.”

Many people mistakenly believe that creating a profile on the City recruitment page equals applying for a job; a profile must be created first and then a specific job application submitted separately.

“Some of the applicants end with creating a profile and think they have applied for a position in the City because they are not well conversant with the system.”

City of Tshwane has introduced an online recruitment system requiring applicants to create and update a job profile before applying for positions.

“The City has introduced the online applications in the City and most of these youngsters and they are not, I mean aware that once you go on the online application website to apply, it requires you to create a job profile first...then go and select where there are post, you apply specifically. Then it will give you a confirmation receipt that you have applied.”

Deputy Chief Dhlamini receives numerous inquiries from people desperate for employment, including those not for department positions but because they hope his City position might influence outcomes.

“People are desperate. They go all out. Even if it is not positions in the department, for the mere fact that you work in the City, people think you might have a way and so forth... you will receive quite a number of them.”

Deputy Chief Dhlamini acknowledges that he receives letters hoping he can assist with employment, consistent with public belief about his influence.

“Sergeant Nkosi”

Deputy Chief Dhlamini explained to Sergeant Nkosi that he could not ease the application process or help anyone get appointed outside the required procedures.

“I did, and much as you will ... I do explain. It is not only to him but to a number of people, and they will continue persuading with the view that perhaps one might help ... train your kids to be responsible. If they say these are the requirements, let them follow them.”

Deputy Chief Dhlamini explained to Sergeant Nkosi and others that applicants must be able to run 2.5 km, do obstacle crossing, and pass all steps to qualify as Metro Police Officers.

“I do explain, SC, to a lot of them, even to him, to say if they want to be Metro Police Officers, they need to be able to be fit, be in a position to run 2.5, do obstacle crossing and so forth, and pass all the steps.”

Deputy Chief Dhlamini explained to Sergeant Nkosi that no plan could be made to favor certain applicants; they must all follow the entire process and be successful through evaluations to be called for interviews.

“I did, to say he need to ensure that he is able to go through the entire process ... the evaluations, if he is successful, then they will be able to call her for interviews.”

Many applications were unsuccessful because some candidates could not do the physical evaluations.

“not even a single candidate on all these applications was successful. Some of them could not do the physical evaluations and so forth.”

Deputy Chief Dhlamini stated he does not create any impression he might find a way to assist applicants and tells everyone, including close family and friends, to follow due processes.

“I do not create any impression, SC. Even from my close friends or close family members, I tell them to say, if you want an opportunity, you need to follow the due processes.”

Deputy Chief Dhlamini clarified he does not play a controlling role in the appointment process; the panel is appointed by DC Bolhuis, Nadia, and the Chief, and he can only assist with inquiries.

“I do not appoint the panel, it is appointed by DC Bolhuis, Nadia and the Chief. I can only assist with enquiries.”

Deputy Chief Dhlamini denied knowing General Shibiri despite Sergeant Nkosi referring to General Shibiri's daughter in chat messages.

“I do not know him. I have never seen him. It was for the first, he suggested it is General Shibiri, and I do not know who is General Shibiri.”

Deputy Chief Dhlamini received private photographs related to arrests, including one of General Khumalo, but did not know where Sergeant Nkosi got them or why he sent them.

“He just said there was an arrest of the, I mean General Khumalo and so forth ... Much as I am saying he was just sharing with me to say there was this arrest ... I am not aware where he got it ... I never took interest.”

Deputy Chief Dhlamini said he did not follow up on information Sergeant Nkosi shared about arrests and did not follow SAPS news or news generally.

“to be honest, I did not take interest. I did not. I do not follow, Commissioner, the news of SAPS or any news. I did not ... I never followed up.”

Sergeant Nkosi shared names and case numbers of people arrested, including General Khabela, Brigadier Madondo, and General Khumalo, but Deputy Chief Dhlamini did not know who these people were or why the diary was shared with him.