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Central SA

Most public servants’ cases relate to tender deviations

───   TSHEHLA KOTELI 11:40 Mon, 05 Dec 2022

Most public servants’ cases relate to tender deviations  | News Article

Most of the forty-nine criminal cases against Free State public servants are related to supply chain management processes that were not followed or tender deviations.

While the Minister of Police, Bheki Cele revealed that twenty-seven criminal cases are currently under investigation, the Democratic Alliance’s George Michalakis says supply chain management and tender processes are in place to prevent corruption.

“Violating these processes has a direct negative impact on service delivery to the public and should never be tolerated.”

Out of the frorty-nine criminal cases, thirty-eight are against municipal officials and eleven against provincial civil servants.

A total of fifteen criminal cases (ten municipal and five provincial) are currently on the court roll.

Seven casses against municipal servants are with the National Prosecuting Authority for decision.  

ALSO READ: Macufe tender scrutinised by Hawks

Documents related to one of the largest provincial arts festivals’ - the Mangaung African Cultural Festival (Macufe) - tenders were previously seized by the Hawks.

The documents were confiscated to investigate whether there were any irregularities in awarding the tender to the company C-Squared. Hawks’ senior communication officer, Philani Nkwalase, said a criminal case was registered after allegations during the court hearing that the tender was tainted by administrative irregularities.

“The administrative irregularities included alleged deviating from specifications in the tender invitation, without informing other applicants.”

ALSO: Decision to appoint C-Squared for Macufe set aside

High Court’s Judge Phillip Loubser ruled that the tender process in awarding the tender to the company in question was not fair, equitable, and competitive, contravening Section 217 of the Constitution. The matter was taken to court by the director of DS Consortium - Mosa Likobo, who the judge’s judgment favoured.

During the hearing the attorney who appeared on behalf of DS Consortium, Joubert Zietsman, argued that the specifications of the tender that were changed were put in the spotlight. He argued that the current Macufe events and the Soulful-to-Soulful events, the brainchild of the successful Macufe bidder C-Squared, are a mirror of each other.

"It is unfair to other bidders that the specifications of the tender were changed without any notifications," he added.

Arguing on behalf of the department was Lungile Bomela - who stated that the specifications of the tender were not changed.

C-Squared changed venues for the events after it was announced as the successful bidder, which is allowed. The attorney representing C-Squared, Jerry Merabe, told the court that the Soulful-to-Soulful events in question were organised when it was not clear whether Macufe would go on or not—before the department released the tender invitation for service providers.

He adds that C-Squared has an agreement with the department that it will no longer go on with the Soulful-to-Soulful events and will dedicate its time and efforts to making Macufe a success.

It is unclear whether the Macufe investigation is included in Cele’s reply.

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