Suspended Tshwane Chief Financial Officer Gareth Mnisi was questioned regarding allegations that the R2.9 billion security tender was rigged.
Image: Oupa Mokoena / Independent Newspapers
The City of Tshwane's tender document control measures were scrutinised at the Madlanga Commission of Inquiry on Tuesday following testimony that Sergeant Fannie Nkosi possessed the Bid Evaluation Committee's (BEC) draft document for a multimillion-rand security tender at the Tshwane Metro Police Department (TMPD).
This occurred during the testimony of suspended city's Chief Financial Officer Gareth Mnisi, who declared that Nkosi was his friend.
Mnisi has been accused of conspiring with Nkosi and suspended TMPD deputy chief Umashi Dhlamini to rig a R2.9 billion security tender.
Mnisi told the commission that Nkosi received the BEC document from Dhlamini, who might have gotten it from an official involved with the BEC as the document was not for public consumption.
He initially told the commission that the document falling into Nkosi's hands was one of the reasons why the Bid Adjudication Committee (BAC), which he chairs, recommended cancelling the tender.
He further explained that the test of ensuring documents were safeguarded was one of the reasons for the tender's cancellation.
Evidence leader Advocate Matthew asked if the template used by the BEC should have been able to reach Nkosi.
Mnisi replied that it should not be possible, adding that this was the reason the tender was cancelled.
Chaskalson said that as of March 25, 2025, this would have objectively tainted the integrity of the tender.
Mnisi said the document would not have tainted the tender process because it did not contain sensitive information.
"I agree Nkosi should not have received a draft BEC tender document," he said.
Additionally, Chaskalson pointed out to Mnisi that the BEC accepted that a document minuted on May 28, 2025, with recommendations for a tender preceded tender score sheets dated May 29, 2025.
"How can you recommend a tender on May 28 if you only score on May 29," Chaskalson asked.
Mnisi conceded that irregularities existed regarding the dates for score cards and tender recommendations, calling it an anomaly.
Chaskalson said: "If you accept that anomaly, would you also not accept that what happened on May 28 was a deliberate fraud because no scoring had taken place?"
Mnisi said that the BAC's mandate and functions are restricted. Regarding these restricted functions, he said, BAC must ensure that procurement processes are followed and that the probity assurance team provides necessary oversight on the tender processes.
He said the irregularities detected were incurable; what the BAC could have done, according to the probity team report, was to refer the matter back to the BEC.
"In this instance, there were matters and findings that were incurable without committing fraud and that fraud would be backdating minutes, recomputing score sheets that were not there; hence, this tender was incurable," Mnisi said.
Mnisi said in hindsight, the BAC should have recommended an investigation into potential fraud committed by BEC members.
On Monday, Mnisi testified that Nkosi had asked him to check two companies for compliance with tender requirements, and one of those companies, Ngaphesheya Construction and Projects, belonged to Nkosi’s brother, Bheki.
Mnisi told the inquiry that he could not check the companies for compliance because the tender process had already closed.
The two companies initially sent to Mnisi for compliance before the tender cancellation, however, made it as part of the seven successful bidders in the next procurement process for the same security tender, which included ad hoc security services.
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