Legal bid delays action in border fence tender saga

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.

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 paid to the contractor and R3.25m to a professional agent – overpriced by R14m.

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

In her written reply, De Lille said none of the disciplinary cases had been concluded.

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

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

She said the hearings of the three senior officials had initially been scheduled for May 2021.

“However, these were postponed on the first sitting due to failure of 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.

De Lille said the hearing was postponed to May 5 by the chairperson.

“At this hearing, the deputy director-general for construction project management’s legal representative, Kambonani Cooper Incorporated, served the chairperson and the department with a court application to set aside the investigation report and the disciplinary enquiry.

The minister also said the department has led evidence and concluded its case against the eight NBAC members during a February 2022 hearing.

De Lille said the disciplinary actions against Vukela and Whitehead were managed by Minister in the Presidency Mondli Gungubele.