The Special Investigating Unit (SIU) will be writing to KwaZulu-Natal education MEC Sipho Hlomuka in a bid to force him to follow a court directive over an unlawful R2.5m school chemical toilet tender.
Hlomuka was ordered in November last year by the Special Tribunal to take action against six officials, including deputy director-generals, behind a tender in the Pinetown region which did not follow supply chain processes.
Although the department claimed to be “instituting disciplinary action” last December, it has been unable to provide the Sunday Times with details of action taken against its officials.
SIU acting spokesperson Ngwako Motsieng confirmed this week that the unit was also not aware of any action taken by Hlomuka.
“The SIU will liaise in writing with the MEC regarding the recommendations by the Special Tribunal. It should be noted that the judgment was sent to the MEC’s office by the Special Tribunal, as they were party to the litigation,” Motsieng said.
The investigation by the SIU found that the tender was awarded without any competitive bidding, while the chemical toilets were provided before the contract was awarded in contravention of supply chain processes.
The SIU investigation into the procurement of 72 chemical toilets for schools in KwaZulu-Natal in June 2020 found that the contract, valued at R2,538,000, was awarded without any competitive bidding process.
Department spokesperson Muzi Mahlambi did not respond to questions on what action Hlomuka had taken. For two weeks, he did not respond to email, text or WhatsApp messages, while his phone rang unanswered.
Mahlambi promised to respond to questions from the Sunday Times on March 10 but never did.
However, in December, while responding to the Special Tribunal’s ruling, Mahlambi said: “The tribunal came to these findings because we were working with them, co-operating throughout… the MEC [Hlomuka] has since directed the head of department to institute disciplinary action against those found in the wrong.
“We would like to further indicate that moving forward we have tightened our supply chain processes,” Mahlambi said at the time.
Hlomuka also did not respond to questions from the Sunday Times this week.
The implicated senior officials included the chief director for operations management, who authorised the extension of the contract unlawfully, and two deputy director-generals. Other implicated officials include the accounting clerk, an education specialist and the chief admin clerk, who also played a role in approving the contract and authorising payments.
It is unclear whether the profits derived from the contract, plus interest, were repaid to the department as the court ordered.
The SIU investigation into the procurement of 72 chemical toilets for schools in KwaZulu-Natal in June 2020 found that the contract, valued at R2,538,000, was awarded without any competitive bidding process. This was a violation of section 217 of the constitution, the Public Finance Management Act and Treasury regulations.
The SIU investigation also revealed that 16 officials from the department failed to follow mandatory supply chain management processes.
The investigation further revealed that the service provider was contacted and delivered goods before being formally appointed and that the company overcharged by more than 100%.
In a 31-page ruling by the Special Tribunal, delivered on November 6 last year, judge Jennifer Fortuin found that the decision to extend the chemical toilet tender was unlawful, unconstitutional and invalid.
The contract was reviewed and set aside, and the forfeiture of all profits derived from it was ordered.
“[Hlomuka] is ordered to start disciplinary procedures against those officials listed ... at the time of granting and awarding of this contract,” wrote Fortuin.
She noted that the department — which ended up admitting to having not followed the supply chain process — used public funds to defend the case.
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