Gauteng Organised Crime Unit officer Sergeant Fannie Nkosi has been accused of conspiring with senior City of Tshwane officials to manipulate a security tender.
Image: Oupa Mokoena/Independent Newspapers
Gauteng Organised Crime Unit officer Sergeant Fannie Nkosi stands accused of conspiring with former Tshwane Metro Police Department (TMPD) deputy chief Umashi Dlamini and City of Tshwane chief financial officer (CFO) Gareth Mnisi to help his brother's company secure a TMPD security tender despite the company not meeting the requirements.
This emerged from evidence presented at the Madlanga Commission of Inquiry on Thursday, which suggested Nkosi's brother's company, Ngaphesheya Security Services, should have been disqualified from the tender process due to non-compliance but allegedly received preferential treatment.
Evidence leader Advocate Matthew Chaskalson SC said: "You (Nkosi) and the general (Dlamini) conspired to ensure that the manifestly non-compliant bid was nonetheless awarded the tender."
Chaskalson pointed out that Nkosi, Dlamini, and Mnisi secured the tender for Ngaphesheya by improperly altering and supplementing the bid documents six months after the submission deadline, a time when no additional documents were allowed.
"This entire process was orchestrated in a manner that the CFO and the general never communicated directly with each other in a manner that would leave an electronic trail of what they were doing," said Chaskalson, adding that both Tshwane officials communicated indirectly through Nkosi.
Nkosi dismissed the proposition that he acted as a conduit between Dlamini and Mnisi, testifying that he did not intentionally facilitate communication to conceal electronic records of their interactions.
He told the commission that Ngaphesheya submitted all required documents within the specified period for tender bidding.
"There's no way on earth that six months later there were going to be documents that are not there," he said.
He claimed the issues raised regarding outstanding documents or non-compliance related to a tender in Mpumalanga, not the security tender in Tshwane.
Chaskalson stated that Ngaphesheya failed to meet the tender requirements due to missing documents, including a lease agreement for the company and its director, rates and taxes clearance, PIE Act interpretation, independently audited three-year financials, and a vehicle lease agreement.
The Avis document provided was just a quote, not an agreement, and lacked vehicle photos and proof of R10 million public liability insurance, including coverage for a five-ton truck.
Additionally, Chaskalson said there were 12 independent grounds on which his brother’s company could have been disqualified from the tender bid, but Nkosi denied this.
Earlier, the commission was told that the WhatsApp chats between Nkosi and Mnisi suggested some members of ActionSA and EFF were involved in the alleged manipulation of a security tender at the TMPD.
It was alleged Dlamini compiled a list of seven preferred companies, reportedly provided by the EFF, with some ActionSA members involved in tender discussions.
Nkosi testified he and Mnisi bonded over biking and a trip to a shooting range, which Mnisi reportedly enjoyed. Dlamini's WhatsApp messages to Nkosi revealed he remarked about Nkosi having "captured" Mnisi, telling Nkosi to gear up for a long-term plan.
A WhatsApp chat between Nkosi and ActionSA's Kholofelo Morodi was highlighted, showing Nkosi shared a Theresa Park address, saying he wanted Morodi to address young women at an orphanage. Morodi afterward thanked Nkosi for making her birthday special.
Morodi followed their chats by sending Nkosi a document regarding the land leases tender.
Nkosi said both he and Morodi had previously discussed the land the city would lease. He said by the time Morodi sent him the document the tender bid was already closed.
Tshwane Mayor Nasiphi Moya announced on Thursday that she has placed Kholofelo Morodi, on special leave pending an investigation into allegations of tender manipulation.
This follows ActionSA's announcement of an internal probe into claims by Nkosi that individuals believed to represent ActionSA were involved in discussions about the security tender.
Nkosi’s testimony will resume on Friday.
rapula.moatshe@inl.co.za