But the city now wants that decision to be reviewed and sent aside because of irregularities and maladministration. In its founding affidavit‚ the city alleges that the processes followed for the awarding of the tender were flawed‚ there was interference from officials and there were irregularities during the bid committee evaluation process.
“There was failure by the [City of Tshwane] to comply with law and discharge obligations which is violation of its constitutional duties‚” part of the affidavit reads.
Asked about halting of the project‚ mayoral spokesman Samkelo Mgobozi said that continuation of the project would be irregular.
“In December 2016 the Auditor-General declared the Tshwane Broadband agreement to be irregular. The AG finding meant‚ and still means‚ that every rand which we would spend on the Tshwane Broadband deal would be declared irregular. Moreover‚ no money had in any event been budgeted by our predecessors for this obligation‚” Mgobozi said.
He said that subsequent to an internal investigation‚ a number of breaches of the Municipal Finance Management Act were found beyond the AG’s findings.
“We believe that if the deal had been subjected to lawful scrutiny‚ including proper public participation as contemplated by section 33 of the [Municipal Finance Management Act]‚ it would never have been approved by the City council‚” Mgobozi said.
Contacted for comment Altech Radio Holdings Managing Director Brett Nash referred all questions to the company’s responding affidavits filed in the North Gauteng High Court.