By Lebone Rodah Mosima
KwaZulu-Natal education MEC Sipho Hlomuka has been ordered by the Special Tribunal to initiate disciplinary proceedings against 16 officials implicated in the irregular awarding and extension of a R2.5 million contract for chemical toilets at schools, the Special Investigating Unit (SIU) said on Monday.
The tribunal also set aside the unlawful contract and ordered the service provider, Hawulethu (Pty) Ltd, to repay all profits derived from it.
“The Special Investigating Unit (SIU) welcomes this significant order by the Special Tribunal, which goes beyond declaring the contract invalid to actively enforcing consequence management at all levels of state administration,” SIU spokesperson Kaizer Kganyago said.
“We commend the Tribunal for placing this responsibility squarely with the most senior official in the education department, reinforcing accountability where it matters most.”
The order names officials across supply chain, finance and operations who served on quotation evaluation and adjudication committees or approved requisitions, extensions and payments.
The MEC was ordered to institute disciplinary action against: Ms Ngobi (Acting Director: Demand and Acquisition), a member of the Quotation Evaluation Committee (QEC); Mr Ngcobo (Deputy Director: Finance), who nominated Hawulethu (Pty) Ltd and was chairperson of the QEC; Ms Madiba (Acting Director: Finance), a member of the QEC; Ms Naidoo (Accounting Clerk), a member of the QEC who was allocated and signed as the budget controller; Mr Mavundla (Admin Clerk), a member of the Quotation Adjudication Committee (QAC); Ms Hadebe (Chief Education Specialist), chairperson of the QAC; Mr Maharaj (Educational Specialist), a member of the QAC; and Ms Nkwanyana (Educational Specialist), a member of the QAC.
The order also covers Ms Gumede (Chief Director: Operations Management), who authorised the extension of the contract with Hawulethu (Pty) Ltd; Mr Nkosi (Educational Specialist), who approved the extension; Ms Dlamini (Deputy Director General IDS), who approved the extension; Mr Mthembu (Deputy Director General), who approved the extension of the project; Ms Mthethwa (Educational Specialist), who approved the requisition and authority to purchase; Mr Reddy (Chief Admin Clerk), who approved commitments and final payment orders to Hawulethu (Pty) Ltd; Ms Mabaso (Provincial Admin Clerk), who approved the final payment order to Hawulethu (Pty) Ltd; and Ms Brijlal (Admin Clerk), who signed and checked the final payment order, the SIU said.
The judgment follows an SIU investigation into the procurement of 72 chemical toilets for schools in June 2020. The SIU said the contract, valued at R2,538,000.00, was awarded without competitive bidding, in violation of Section 217 of the Constitution, the Public Finance Management Act and Treasury regulations.
The investigation found that Hawulethu was contacted and delivered goods before being formally appointed as a service provider and that it overcharged by more than 100%.
The SIU also said Hawulethu submitted claims for services not rendered and failed to declare conflicts of interest involving its director. It found the contract was improperly extended without proper procurement procedures, and that multiple payments were split to avoid procurement thresholds.
Kganyago said the tribunal’s consequential relief included forfeiture of all profits derived from the contract, an audited statement of account within 30 days, repayment of all profits plus interest to the education department, and payment of legal costs.
President Cyril Ramaphosa authorised the SIU under Proclamation R23 of 2020 to investigate alleged corruption and maladministration linked to PPE procurement and the conduct of state employees, the unit said.
The SIU can institute civil action in the High Court or Special Tribunal and refers evidence of criminal conduct to the National Prosecuting Authority.
INSIDE EDUCATION
