Sunday Tribune

Matlosana CFO caught up in another irregular R3m payment

- THABO MAKWAKWA thabo.makwakwa@inl.co.za LOYISO SIDIMBA loyiso.sidimba@inl.co.za Sunday Independen­t.

IN WHAT appears to be a deliberate act of disregard for the Municipal Financial Management Act (MFMA), Matlosana Municipali­ty CFO Mercy Phetla paid Variegated (Pty) Ltd almost R3 million for electrical equipment without the knowledge or approval of the municipal manager, as per the requiremen­t of section 79 of the MFMA.

Section 79 provides for the accounting officer to develop a system of delegation­s which the Supply Chain Management Regulation. Regulation­s 4 and 5 provide content to the act.

Regulation 12 provides for the procuremen­t threshold delegation­s of which sub-regulation 2 of Regulation 12 provides a limitation to all the procuremen­t thresholds mentioned in sub-regulation, meaning all procuremen­t between R30000 and R200000 must be signed for and approved by the senior managers, including the CFO, and all procuremen­t above R200000 must be approved by the accounting officer, who is the municipal manager.

On January 5, 2024, Phetla signed and approved the electrical equipment

PUBLIC servants doing business with national and provincial government department­s and other organs of state will be subjected to criminal prosecutio­n.

This is among three directives issued by Public Service and Administra­tion Minister Noxolo Kiviet, which came into effect on April 1.

The department’s director-general, Yoliswa Makhasi, said two of the directives were first issued in 2016 and 2017 but had now been changed.

The directive on conducting business with an organ of the state prohibits an employee from registerin­g on purchase requisitio­n that contained the names and signatures of requisitio­n official T Lebelo, director/delegated official MJ Tsimone, and supply chain official Nyakallo.

On January 9, the municipali­ty made a purchase order to Variegated for electrical equipment worth R2.9m through the municipali­ty’s buying officer.

The following day, the municipali­ty’s acting store buyer and controller Mamatebisi Josephine Tsimane claimed in a document to have received the goods from Variegated (Pty) Ltd.

On the same day, January 10, Varie-gated submitted an invoice for payment to the municipali­ty which was approved by Phetla and paid on the same day at 3.45pm.

The approval and payment was in breach of the Treasury’s regulation­s as the purchase above R200000 was done by CFO Phetla, including the acting store buyer and acting supply chain manager (SCM), without the approval of the accounting officer, Lesego Seametsa (municipal manager).

A source with intimate knowledge of the transactio­n told the publicatio­n that Variegated never delivered the the National Treasury’s central supplier database as an individual, owner of a company or director of a public or private company.

It also requires the head of department to open a case for employees who are conducting business with an organ of state with the SAPS in compliance with the Public Administra­tion Management Act (Pama). goods to the municipali­ty.

“The goods were not delivered and the service provider cannot provide proof of purchase of goods from where the goods were purchased. It simply was impossible to deliver some of the goods immediatel­y or within five days, as the goods were assembled outside South Africa,” said the source.

Another source said: “According to new SCM regulation­s, the threshold

According to the department, there is also a list of activities that do not constitute conducting business with an organ of state, which has been reviewed and streamline­d for better understand­ing by employees and authoritie­s.

Activities which do not constitute doing business with the state include participat­ion in marking, training, has increased. Regulation 16 of the same says the municipali­ty may not increase but can reduce the amount. The SCM manager and CFO should have written an item to the council through the municipal manager to increase the threshold of the delegation of power from R200000 for the department­al head to R350000.

“They failed to do so, meaning the old delegation threshold is a criminal matter. Variegated (Pty) Ltd will be required to provide proof of where the items were brought to prove that this was not a ghost delivery.

“What makes matters worse is that the official who started the transactio­n should have been aware and stopped the transactio­n in terms of section 32 of the MFMA, including the head of the department, but they continued with an irregular transactio­n,” said the second source.

Contacted for comment, Phetla did not respond to questions from the

The municipali­ty’s head of communicat­ions, Ntswaki Makgetha, said she would follow up so that those implicated responded to the publicatio­n but no response was received. teaching or lecturing at public educationa­l institutio­ns, and official activities undertaken on a parttime basis, either temporaril­y or permanentl­y, to a number of department­s in terms of an employee’s employment.

Also not considered conducting business with the state are: working at the Electoral Commission of South

Acting Store Buyer and Controller MJ Tsimane, who claimed to have received the goods, did not respond to our questions about the purchase. Questions were also sent to the municipal manager but no response was received by the time of the publicatio­n.

On February 28 and again on April 5, the publicatio­n attempted to get a comment from Tiisetso Sebetlele, the owner of Variegated, but Sebetlela did not respond.

This is not the only suspicious tender transactio­n for which Phetla is being probed. She and two employees of GMHM Constructi­on, Matshepiso Mothelesan­e, 39, and Nomthandaz­o Mokasule, 49, are facing corruption charges after it emerged that Phetla received a bribe in the form of a car worth R1.4m in exchange for a service delivery tender for GMHM Constructi­on and Projects, a company conducting business with the municipali­ty.

The trio are out on R35000 bail each. Phetla’s co-accused are Masego Mokasule, 23, the son of Phetla’s co-accused number three Nomthandaz­o Mokasule, who is alleged to have paid millions to Phetla in exchange for tenders at the Matlosana Municipali­ty.

Africa as voting staff during elections, volunteeri­ng services to the board of their profession­al associatio­ns through nomination or election by their peers, which must be confirmed by a letter from the associatio­n.

The same applies to being appointed to an organ of the state in an official capacity as a director of an entity listed in the Public Finance Management Act, where an employee is reimbursed for reasonable expenses.

Contravent­ions of the act could land a public servant in jail for a period not exceeding five years or both such fine and imprisonme­nt and constitute­s serious misconduct, which may result in the terminatio­n of employment.

 ?? ?? MERCY Phetla, chief financial officer of the Matlosana Municipali­ty. I
MERCY Phetla, chief financial officer of the Matlosana Municipali­ty. I

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