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Protector probes security tender

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The municipal council should consider taking the necessary disciplinary action against municipal manager at Ga-Segonyana Municipality

Public Protector Busisiwe Mkhwebane. File Image/ANA

THE PUBLIC protector has ordered that the Ga-Segonyana municipal council consider instituting disciplinary action, including criminal action, for financial misconduct, against the municipal manager following the awarding of a security tender.

The investigation into the alleged irregular and improper awarding of a security tender to Ikgodiseng Business Consulting CC (IBC) by the Ga-Segonyana Municipality was one of several reports released by Public Protector Busisiwe Mkhwebane yesterday.

Mkhwebane said the investigation had been launched following a complaint by Mpho Oss, a director of Kgomongwe Security Services.

“He lodged a complaint in September 2012 on behalf of his company, alleging that the municipality did not follow proper procurement procedures in that it awarded a tender to IBC for a period of 36 months,” she stated.

“This was despite the fact that IBC’s bid was non-responsive in that IBC submitted copies of a tax clearance certificate instead of original documents, and PRISA and BBBEE Status Level certificates which were not certified.”

Mkhwebane said she investigated whether the municipality had unduly failed to follow proper procurement processes when appointing IBC and whether this conduct constituted maladministration.

“I also investigated whether the complainant suffered prejudice as a result of the municipality’s failure to follow proper procurement processes when appointing IBC,” she added.

“We have directed the municipal manager to take appropriate steps, within 30 days from receiving this report, to ensure that all municipal officials involved in supply chain management are properly trained. Such training should be on the MFMA (Municipal Finance Management Act) with particular reference to following proper procurement processes, applicable policies and legislative prescripts.”

Mkhwebane further ordered that the municipal manager (MM) issue a written apology to the complainant within 30 days of her report for the municipality’s failure to follow proper procurement processes in the appointment of the service provider.

“The MM must also consider taking appropriate disciplinary action, within 30 days from receiving my report, against all the BAC members who were responsible for exposing the municipality to acts of maladministration and financial risk.”

The municipal manager was further instructed to compensate the complainant an amount of R2 530 “being costs he incurred in preparing the bid tender documents”.

She further ordered that the municipal council consider taking the necessary disciplinary action against Elias Ntefang, the municipal manager at Ga-Segonyana Municipality

“This is for his failure to take action after being advised by Provincial Treasury to take the necessary remedial steps/corrective measures to cancel the bid and re-advertise the tender due to irregularities in the awarding of the tender to IBC,” she stated.

“The municipal council must within 30 days of receipt of this report, investigate irregular expenditure, consider instituting disciplinary action, including criminal action, for financial misconduct in terms of the MFMA, against the municipal manager.

“The municipal council must also recover irregular expenditure from the person liable for that expenditure, unless the expenditure is, after investigation, certified by council as irrecoverable and written off by council.”