Address by Public Protector Adv Thuli Madonsela to The National ...

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Infrastructure Grant were insufficient to complete theproject as specifications were altered, this on its ownconstitutes poor planning and accordingly,maladministration.(cc) The Department of Human Settlements, undertook inwriting to Mr Chris Mokomela that funds will be allocatedin the 2013/2014 financial year to complete the buildingaccording to original specifications with transferred fundsduring the next financial year. The Municipal Manager MrD Shongwe did not ensure that funds were requestedfrom Provincial Government to ensure the completion ofthe building according to original specifications.(h) Alleged Municipality’s irregular acceptance of tender bids fromcompanies with invalid tax clearance certificates(aa) The allegation regarding the acceptance of bid withinvalid tax clearance is substantiated, in that the nameson the tax certificates differed from the names on thetender.(bb) Treasury Regulation 16A3 requires that accountingofficers of municipalities and municipal entities mustensure that the preferred bidders’ tax matters are in orderand the municipal rates and taxes or municipal chargesowed by the preferred bidder or any of its directors to themunicipality or municipal entity, or to any other22
municipality or municipal entity, are not in arrears formore than three months.(cc) Treasury Regulation 16A3 further requires thataccounting officers of municipalities and municipal entitiesmust ensure that the names of the preferred bidders andtheir directors, trustees or shareholders are not listed onthe Register for Tender Defaulters and the Database ofRestricted Suppliers and a process is conducted todetermine whether the preferred bidders have thecapability and ability to execute the contract.(dd) The failure by the Municipal Manager to properly assessbids during December 2012 in terms of SCM legislationand policies constitutes maladministration.(i) Alleged payment of R3 936 822.69 to a law firm to conduct thedisciplinary hearing of the suspended Municipal Manager(aa) The evidence shows that the Municipality spent R2 800000.00 as fees for a law firm instructed to, implement theKPMG report by:I. recovering funds from the former Mayorinappropriately used R230,000.00 to erect a wall at aprivate residence;II. recovering funds in the amount of R10,000.00 fromthe current Speaker inappropriately used for privatepurposes;23
Page 1 and 2: Address by Public Protector Adv Thu
Page 3: The allegation pertaining to unfair
Page 7 and 8: issued, a meeting was held with the
Page 9 and 10: (d) Was the Complainant prejudiced
Page 11 and 12: September 2005 which was rejected a
Page 13 and 14: (c) Did the Complainant suffer prej
Page 15 and 16: (c) Alleged incomplete and non-oper
Page 17 and 18: Phase 3 tender. This is in contrave
Page 19 and 20: escalated enormously. The conduct w
Page 21: sustainable services are not delive
Page 25 and 26: Municipality’s payroll section. E
Page 28: (a)The Municipal Manager should ens
Page 31 and 32: (ii) The Speaker of the Nala Local

Address by Public Protector Adv Thuli Madonsela to The National ...

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