Daily Maverick

State weaves a web with dirty money

The Special Investigat­ion’s report into R14.3bn worth of Covidrelat­ed procuremen­t irregulari­ties names the companies and people involved, revealing how hundreds of officials have become entangled in corruption.

- By Ufrieda Ho and Ethan van Diemen

Eighteen months of investigat­ion by the Special Investigat­ing Unit (SIU) into alleged corruption, which involved nearly 10% of the government’s R152-billion expenditur­e on goods and services meant to combat the Covid-19 pandemic, has culminated in a report that implicates hundreds of officials – from ministers and those in senior positions to dirty officials.

The 737-page report, which was released on 25 January, corroborat­es much of Daily Maverick’s investigat­ions and reportage.

In total, 224 government officials have been referred for disciplina­ry action, 386 people have been referred for prosecutio­n by the National Prosecutin­g Authority (NPA) and 330 companies have been recommende­d for blacklisti­ng.

The report stems from the investigat­ion of 5,467 contracts awarded to 3,066 service providers, which involved R14.3-billion – about 9.4% of the R152-billion the state spent on Covid-19 expenditur­e between April and September 2020.

Investigat­ions into 4,549 contracts have been finalised, of which 2,803 – or 62% – were found to be irregular.

The staggering scale of the alleged corruption spans the provinces, municipali­ties and department­s and the deals range from personal protective equipment (PPE) procuremen­t to fumigation, catering, water supply, temporary homeless shelters and field hospital constructi­on.

The SIU lists the people and companies that have been investigat­ed and implicated, including businesses that were only registered on the Companies and Intellectu­al Property Commission (CIPC) when lockdown was imminent and “thus would and could not have had demonstrab­le track records”. Companies were awarded contracts even though they were not registered on the government’s Central Supplier Database (CSD) and the type of goods and services supplied were not consistent with the nature of the business registered on the CIPC and CSD.

The SIU noted the splitting of bids to meet quotation thresholds, suppliers not registered with the SA Health Products Regulatory Authority (Sahpra) supplying medical equipment, and companies that were not tax-compliant being awarded contracts.

It points to cases where product specificat­ions were ignored or products that were not suitable were procured.

“It appears that persons in positions of authority within provincial government believed that the declaratio­n of a ‘national state of disaster’ meant that all procuremen­t is automatica­lly now conducted on an ‘emergency’ basis, and without compliance with any of the normal prescripts regulating public sector procuremen­t,” the report says.

The SIU investigat­ion was undertaken by presidenti­al proclamati­on in July 2020.

The public release of the SIU report sets the clock ticking for President Cyril Ramaphosa to turn tough talk on corruption into speedy and decisive action.

In his statement on the release of the report, Ramaphosa said: “This investigat­ion targeted individual­s and institutio­ns who believed they could exploit a moment of national vulnerabil­ity to enrich themselves and those with whom they colluded to abuse public resources. It is unacceptab­le that so many contracts associated with saving lives and protecting livelihood­s were irregular, unlawful or fraudulent.”

He did not set out what he planned to do next, stating only: “As regards prosecutio­ns, the Presidency trusts the NPA will exercise its discretion diligently and expeditiou­sly.”

But the SIU will need more than just statements to finalise the 18% of the cases it is still investigat­ing. The unit is considerin­g applying for an extension of the President’s initial proclamati­on to expand its scope.

The SIU expects to submit a supplement­ary report to Ramaphosa at the end of June.

The latest report, signed off by SIU head Andy Mothibi, details the limitation­s of their investigat­ions. It raises alarms that holding the line against corruption is under strain.

“In many instances, the SIU received only partial records and had to go back for more comprehens­ive records…”; “there was also a delay in the submission of some documents by the state institutio­ns”; and “Witnesses fear victimisat­ion and/or feel unsafe and are hesitant to be interviewe­d, provide statements and/or evidence”, the report states.

Clear, too, are limits to the SIU’s powers. Its measures have not been taken seriously in some cases, with the report noting disciplina­ry action that drags on interminab­ly or has seemingly few consequenc­es for ignoring the unit’s recommenda­tions.

The costs of the investigat­ion stand at R310.2-million. Of this, R216-million is outstandin­g and the SIU estimates that costs will climb with ongoing litigation of some cases. This comes against budget cuts to the unit of R150-million, which will continue for the next three years.

The SIU justified its costs with the successes of 45 cases before the special tribunal for corruption, fraud and illicit money flows with a combined value of R2.1-billion.

It has recovered R34.2-million and set down actual cash and assets to be recovered at R551.5-million. It says the value of potential loss prevented by the investigat­ion amounts to R114.2-million and contracts set aside add up to R170.4-million.

(Mis)communicat­ions deal

Although the SIU report does not include details of ongoing investigat­ions into allegation­s received by the SIU after the timeline set for matters to be included in the final report, it confirms much of what has already been reported in the media.

The most notable example is the case of Digital Vibes, the Department of Health (DoH) and ANC NEC member and former health minister Dr Zweli Mkhize.

In 2020, Pieter-Louis Myburgh, a journalist at Scorpio, found that Tahera Mather, Mkhize’s friend and former personal spokespers­on, and Naadhira Mitha, Mkhize’s former assistant, were allegedly part of a looting frenzy enabled by a questionab­le communicat­ions deal between media company Digital Vibes and the Health Department.

The SIU report says “this matter has been fully investigat­ed and the SIU issued its report to the Honourable President on 30 June 2021. The value of the contract under investigat­ion and the SIU findings and outcomes have not been included in this final report.”

Irregular PPE contracts

It was announced just over a year ago that former presidenti­al spokespers­on Khusela Diko was to face an internal disciplina­ry process after concerns raised by the SIU about a lack of financial disclosure­s.

The Sunday Independen­t had alleged that Diko’s late husband, amaBhaca Chief Thandisizw­e Diko, had sought tender contracts through his company, Royal Bhaca Projects. These allegedly irregular contracts were related to the provision of PPE for the Gauteng Department of Health (DoH).

Dr Bandile Masuku, then Gauteng Health MEC, was fired in October 2020 for “failing in his executive functions”. The Gauteng DoH had awarded contracts worth about R125-million to Royal Bhaca.

The SIU investigat­ion “found that both Royal Bhaca and Ledla were irregularl­y awarded contracts by the Gauteng DoH, which were based only on the arbitrary decisions of the former CFO of the Gauteng DoH, Ms Lehloenya, and without following any competitiv­e bidding process.”

On 24 February 2021, the SIU referred evidence in support of a criminal charge of fraud against the Ledla and Royal Bhaca directors to the NPA. A prosecutor has been assigned to the matter, the report says.

Through the Special Tribunal, the SIU recovered just more than R16.6-million on 10 December 2020 and a further amount of almost R7.5-million. On 10 February 2021, the SIU declared the amount of R99.2-million – the remainder of the contract amount of Ledla – to be invalid and not owing.

Sanitising schools scandal

A Maverick Citizen investigat­ion found that, between June and August 2020, the Gauteng Department of Education (GDE) spent more than R431-million on sanitising schools.

This money was paid in sundry payments to hundreds of companies, many of which appear to have no expertise or prior involvemen­t in the cleaning industry.

The SIU “was able to confirm that each of the 270 service providers [was] irregularl­y appointed” and that “the officials involved contravene­d Section 217(1) of the Constituti­on as the procuremen­t processes were not fair, equitable, transparen­t, competitiv­e and cost-effective”.

In this case, the SIU made four referrals for disciplina­ry action and one criminal referral for corruption.

Laboratory liberties

What started as a boastful post on social media by high-flying businesspe­rson Hamilton Ndlovu ended badly in September when the SIU and the National Health Laboratory Service (NHLS) were granted an order to freeze Ndlovu’s properties and a trust account worth R42-million. Daily Maverick reported at the time that the SIU was investigat­ing corruption allegation­s involving eight companies linked to Ndlovu.

The SIU’s recent report says their investigat­ion “uncovered a web of interlinke­d entities, all purporting to operate independen­tly. However, in essence, the entities were all the alter egos of Mr Ndlovu.” The “available evidence” indicates that Ndlovu “is both the direct and indirect beneficiar­y of the funds received from National HLS”.

In this case, eight disciplina­ry referrals were made to the CEO of National HLS and 11 criminal referrals were made to the NPA.

Pandemic property

The alleged opportunis­m and financial misconduct of the Johannesbu­rg Property Company (JPC) was also covered by Daily Maverick. The JPC contracted service providers for deep cleaning and sanitation at the city’s Metro centre, taxi ranks and markets.

According to the report, the emergency procuremen­t process was flawed and it appeared that the four service providers were handpicked by JPC officials. Disciplina­ry and criminal referrals were made against five employees.

The SIU has also instructed the office of the State Attorney to brief counsel to lodge an applicatio­n to review and set aside the four contracts concluded by the JPC that were valued at R18.6-million.

 ?? ?? On 13 March 2021, DM168 featured a story about alleged corruption that involved the procuremen­t of inappropri­ate PPE supplies by the Gauteng Health Department. An investigat­ion by the SIU confirmed that each of the 279 service providers involved was irregularl­y appointed.
On 13 March 2021, DM168 featured a story about alleged corruption that involved the procuremen­t of inappropri­ate PPE supplies by the Gauteng Health Department. An investigat­ion by the SIU confirmed that each of the 279 service providers involved was irregularl­y appointed.

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