Security guards from two different companies are now stationed at Buffalo City TVET College after the outgoing service provider refused to vacate the premises despite losing a tender award.
The company, Excellent Security Guards, of which tycoon Xolani George is the sole director, has taken the college to court, challenging its decision to award the multimillion-rand security contract to a company owned by popular East London businessman and philanthropist Mlindelwa “Man B” Tyekana.
The application contains allegations questioning the adjudication process that led to Tyekana’s Protection Services being awarded a three-year contract with the college.
Court papers in possession of the Dispatch show that George, in his supporting affidavit, accused the college of having collaborated illicitly with Tyekana’s company during the tender process.
George also claims the contract was awarded without informing the other bidders of the outcome.
Excellent Security Guards held the contract from July 2021 to July 2024 to the value of R35.7m, followed by a month-to-month extension worth about R1m until June 30 this year.
On June 11, George’s company wrote to the college’s management requesting clarity on the tender outcome.
According to the affidavit, this followed an incident earlier in the month in which Tyekana and associates allegedly visited Excellent Security’s sites and “unlawfully” recruited about 40 of its employees to join Tyekana’s company from July 1.
George claims this was the first time his company became aware that Tyekana had been awarded the tender.
He said Excellent Security was ordered on June 24 to vacate its office at the college — a move he claims violated the 30-day notice requirement.
Through its attorneys, Madlanga and Partners Incorporated, Excellent Security asked the college to provide the tender documents, including the scorecard, minutes and details of the top three shortlisted bidders.
The college declined the request, citing the Protection of Personal Information Act.
Attorney Gugulethu Madlanga told the Dispatch the firm had applied for an interdict which it expected to be heard on July 15.
“We’re interdicting ... Buffalo City College from implementing the security tender.
“We were also interdicting Tyekana to move out of the premises ... since we have appealed internally that this process has not been fair.
“We appealed internally to the college because the procurement policy does allow us to file an appeal in case we are not happy with the outcome of the SPM policy. So the status must be preserved.
“... it means that we must continue serving the company on a month-to-month basis up until the internal appeal process has been finalised. It’s been resolved,” Madlanga said.
Tyekana dismissed claims of interference or that his company had solicited employees from Excellent Security.
“It’s been more than 20 years I’ve bid for this tender [at the college] and it’s the first time I’ve got it this year.
“Everyone was open to tender, and we were called by the institution informing us that we were successful, like any normal tender process.
“The school asked us to absorb the current workers since they have been employed there for some time. Other security guards already employed asked to join us.
“When we employ, we don’t ask which company they come from,” Tyekana said.
“We don’t work for [the college’s] procurement, we are service providers.
“If we lost, we accept it. If the school was wrong, that is not my problem.
“We were called by the school after our successful bid. There’s nothing that says we must go to court. The guy must accept defeat. This is not his inheritance.”
On Monday, the Buffalo City TVET College filed an urgent application in the Bhisho high court seeking a prohibitory interdict against Excellent Security, claiming the company had refused to vacate the premises after its contract expired on July 1.
The college accused the company of causing disruption.
“Students and everyone are now at huge risk,” the application said.
However, the matter was removed from the roll on Tuesday.
The college had not responded to requests for comment by the time of publication.
Daily Dispatch
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