Durban — EThekwini Municipality has finally acted against the supply chain management (SCM) official who is believed to have masterminded the alleged irregular awarding of a R90-million water tankers tender to five “dubious” companies.
The city has served Thembinkosi Dlamini, the contracts administrator under SCM, with a notice of intention to suspend him for his alleged contravention of the provisions of SCM policy and Municipal Systems Act during the adjudication of the tender last year.
A letter to Dlamini dated July 10 and marked confidential which was seen by the “Daily News” reads:
“It is alleged that you have not exercised due care and diligence in managing a number of City Fleets contracts and misrepresented facts, which has brought the municipality into disrepute. This conduct was in contravention of the provisions of the SCM policy and the Municipal Systems Act.
“This matter requires further investigation and the Municipality has reasonable cause to believe that you may jeopardise the investigation into this serious allegation of misconduct and or interfere with potential witnesses and or commit further acts of misconduct and or pose a danger to the well-being or safety of any person or municipality property and or be detrimental to stability in the municipality and or potentially damage or tamper with evidence. You are therefore advised that the municipality intends to suspend you on full remuneration pending the conclusion of the investigation and any disciplinary action which may arise therefrom.”
The letter further reads: “You are hereby afforded an opportunity to make written representation as to why you should not be suspended within 48 hours.”
According to the letter, the 48 hours expired on Wednesday by the close of business. Furthermore, the city advised that upon receiving Dlamini’s submissions, the final determination shall be made within five days as to whether he would be suspended or not and he will be advised accordingly.
Although the city did not specify which tender Dlamini had allegedly contravened SCM policy on, he was cited by Xmoor Transport in its protracted court battle with the city as one of the two SCM officials who masterminded the alleged irregular awarding of the R90-million water tankers tender to five companies.
The company argued in court that the tender was irregularly awarded to the companies in that they had failed to extend their bids quotations by the closing date of January 31, 2022, as was required.
According to the minutes of the bid adjudication committee meeting on August 15 last year, the committee did not support the recommendation to award these five companies since they had failed to extend their bid quotations. It is believed that Dlamini and another official (known to the paper) influenced the bid committee to extend the closing date to October 30 to accommodate the five companies.
The extensions were said to have been hand-delivered on October 29 and the five companies were subsequently awarded the tender. Xmoor argued that the hand-delivery of the extensions was unlawful and represented non-compliance as in terms of the specifications extensions had to be emailed.
The company also questioned the timing of the submissions, which were all hand-delivered at 4.30pm while the city offices closed at 4pm. The company argued that the awarding of the tender was predetermined.
Although the company successfully interdicted the tender, it has since emerged that the companies were continuing to supply water for the city but under an expired tender contract.
Commenting on the imminent suspension of the official, Xmoor attorney Ronette Govender said her client hoped this was not a smokescreen or delay tactic so that the city can run the tankers illegally.
eThekwini Municipality’s Head of Communications Lindiwe Khuzwayo said: “The matter is between the employer and employee.”
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Daily News