Border fence tender a bridge too far - Public Works

THE Department of Public Works and Infrastructure (DPWI) has instituted a Labour Court application to review a presiding officer’s decision to postpone the disciplinary hearing of senior managers implicated in the Beitbridge border fence procurement.

This emerged after DA MP Samantha Graham wrote to Public Works and Infrastructure Minister Patricia de Lille asking about the progress made in the disciplinary action against the officials implicated in the awarding of the border fence tender two years ago.

Graham also enquired about the number of the disciplinary hearings that have been completed and finalised, including the findings and proposed sanctions.

The Beitbridge border fence saga has been beset by legal challenges that have pitted either the Special Investigating Unit with the contracted companies or the officials with the department and the Ministry in the Presidency.

In March 2020 De Lille issued a directive to the department to appoint a service provider to use an emergency procurement process to erect the fence on the Beitbridge border post after President Cyril Ramaphosa announced measures to curb the spread of Covid19.

However, an investigation found that the fence cost R40.4m – which consisted of R37.1m payment to the contractor and R3.25m to a professional agent – overpriced by R14m.

It also revealed a series of procurement and other irregularities, including an R21.8m upfront payment to the contractor and R1.8m to the principal agent when construction had not started.

The department was found to have failed to test the market to determine the reasonable contractor and pricing.

“No findings as yet since the hearings are not finalised. No sanctions as yet since the hearings have not been finalised,” De Lille said.

She also said the disciplinary actions were under way against director-general Sam Vukela, ministerial special adviser Mellisa Whitehead, three senior officials and eight members of the national bid adjudication committee (NBAC).

She said the hearings of the three senior officials were scheduled for 4-6 May 2021.

“However, these were postponed on the first sitting due to failure by the legal representative of one of the officials to attend the hearing, who indicated that he is launching a court application to review the investigation report and the disciplinary enquiry.”