The Enoch Mgijima Local Municipality has been given 14 days since the tabling of the forensic report on the controversial R15m Lesseyton sports facility in Komani to report the “suspected” criminal conduct of two of its former municipal managers.
The municipality has also been given 14 days to apply in the high court for the award of the contract to be reviewed and set aside.
This is included in a forensic investigation report into the tender awarded to Thalami Civils to build the stadium.
The report was tabled this week by corporate governance and traditional affairs MEC Zolile Williams.
It details that the investigator concluded that the procurement process was flawed in that there was an initial procurement process which turned out to be flawed in all material respects to the extent that Thalami cancelled the contract on May 13 2019.
“The cancellation was done because the contractor was not permitted to continue with the works on the site because the necessary environmental impact assessment authorisation had not been obtained by the municipality.
“On March 17 2020, the municipality simply issued a new letter to Thalami Civils for the construction of Lesseyton Sports Fields at a substantially revised contract price and for a materially different scope of work.
“This was irregular because a municipality is patently required to follow a further procurement process,” the report reads.
The initial procurement process was found to have been flawed in that no proof was provided that the members of the various bid committees were properly appointed.
The tender was either not advertised on the required platforms or at the required time, among other reasons.
The report also recommended that:
• The municipality’s accounting officer take appropriate action in terms of the applicable disciplinary code against employees who were members of the bid evaluation committee (Bec) and bid adjudication committee (Bac), and relevant supply chain managers who failed to carry out their delegated responsibilities and caused the municipality to incur significant irregular expenditure;
• The accounting officer must institute appropriate legal action to recover any irregular expenditure incurred in respect of payments made to Thalami Civils from officials and former officials liable for such expenditure;
• The accounting officer must inform the mayor, the MEC for local government and the auditor-general, in writing, of the irregular expenditure incurred by the municipality, and in due course, of the steps taken to recover or rectify such expenditure, and steps taken to prevent a recurrence of such expenditure within 14 days of the report being issued;
• The municipal council must report to the police the suspected criminal conduct of the erstwhile accounting officer of the municipality, and former municipal managers Chris Magwangqana and Nokuthula Zondani, within 14 days;
• The municipal council must report to the police the suspected criminal conduct of the members of the Bec and Bac, and managers within the supply chain management unit who dealt with the procurement process. If the accounting officer fails to report the matter, the council must report the matter within 14 days.
Municipal spokesperson Lonwabo Kowa said the council and management were “fully committed to implementing the recommendations provided”.
“A comprehensive review will be conducted and, therefore, details regarding disciplinary actions against any implicated officials will not be disclosed at this stage to ensure a fair process and allow all parties the opportunity to respond appropriately.”
The Dispatch contacted Thalami Civils but was told the director was not available.
Contacted for comment, Magwangqana said the Dispatch had called the wrong number, and did not answer further calls.
Contacted for comment on Magwangqana’s number, the person who answered said the Dispatch had called the wrong number, and did not answer further calls.
Zondani would not comment.
Zondani is out on bail after she was arrested in 2023 for allegedl contravention ofthe Municipal Finance Management Act and inflating a tender price without consulting council.
Komani Protest Action leader Mncedisi Mbengo said: “As [of Friday] we will be meeting at the stadium as community members where we will discuss that we will march to the Hawks office to hand over an ultimatum that within seven days those people must be arrested.”
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