Daily Dispatch

ADM mayor grilled over toilet saga

Public protector demands answers over controvers­ial tender

- SIPHE MACANDA SENIOR REPORTER siphem@dispatch.co.za

Public protector Busisiwe Mkhwebane’s investigat­ion into how the Amathole District municipali­ty unlawfully and illegally awarded the R631m tender to the politicall­y connected Siyenza Group is at an advanced stage.

This, as Mkhwebane grilled ADM mayor Nomfusi Nxawe at her Pretoria headquarte­rs on Monday.

The investigat­ion into the company that produced shoddy toilets was started by Mkhwebane’s predecesso­r, Thuli Madonsela, but stalled because of budgetary constraint­s.

On Monday, Mkhwebane demanded to know what the municipali­ty had done to recoup the estimated R220m paid to Siyenza and what action had been taken against implicated officials.

ADM spokespers­on Nonceba Madikizela and office of the public protector spokespers­on Oupa Segalwe confirmed Monday’s meeting.

“This is a complex investigat­ion which requires substantia­l resources and time as the public protector must ensure that the final report can stand up to scrutiny,” Segalwe said.

“However, the public protector is doing her best to finalise the investigat­ion.”

In her subpoena summoning Nxawe, which the Daily Dispatch has seen, Mkhwebane said the mayor would have to produce tender advertisem­ents, request for proposal and bid committee minutes, copies of request for deviation and a valid tax clearance for Siyenza.

Mkhwebane also requested copies of minutes of the crucial meeting where Siyenza was introduced to service providers that had already been appointed.

This is the meeting that is believed to have paved the way for Siyenza to take over the implementa­tion of the lucrative pit latrine contract.

Mkhwebane also wanted to know how much the ADM had spent on the project.

The public protector also wanted a report on what ADM had done to regularise this wasteful expenditur­e as the contract had been declared unlawful in a report.

Her probe comes after a Daily Dispatch investigat­ion lifted the lid on shoddy workmanshi­p and how the company was wrongly awarded the tender. The Dispatch also uncovered the brazen flouting of supply chain management regulation­s.

Mkhwebane’s investigat­ion is into maladminis­tration, corruption and tender irregulari­ties in connection with procuremen­t and awarding of the tender to the Bongani Mpeluzaown­ed Siyenza.

When awarding the tender, the municipali­ty used section 32 of the supply chain management regulation­s, which allows a state organ to procure services of a service provider that provides similar services to another organ of state.

ADM, however, abused some provisions of the section, as it piggybacke­d on a smaller sanitation contract that Siyenza had in the Northern Cape.

The Northern Cape tender was also cancelled after it emerged that Siyenza’s tax certificat­e was fraudulent.

The ADM tender was in 2015 declared “unconstitu­tional, invalid and unlawful” by East London high court judge Sytze Alkema – but to date nothing has been done about the ruling. In another court blow for Mpeluza earlier this month, his multimilli­on-rand home on the luxurious Blair Atholl golf and equestrian estate near Johannesbu­rg was forfeited to the state.

The National Prosecutin­g Authority’s asset forfeiture unit applied for a preservati­on order after it emerged that the property had been bought with the proceeds of fraudulent transactio­ns involved in the ADM toilet scandal.

Public protector is doing her best to finalise the probe

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NOMFUSI NXAWE

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