Cape Town - Public Works and Infrastructure Department director-general Sam Vukela has taken early retirement and some of the other officials implicated in the Beitbridge fence saga were slapped with a warning and suspension without pay.
But one of the officials has taken the investigation report, which was used as the basis to charge them, on judicial review.
This emerged after DA MP Samantha Graham wrote to Public Works and Infrastructure Minister Patricia de Lille asking about the progress made in the disciplinary actions against the 13 officials implicated in the awarding of the border fence tender two years ago.
Graham also enquired about the recovery of costs incurred as a result of the actions of the implicated officials.
In March 2020, De Lille issued a directive to the department to appoint a service provider to use an emergency procurement process to erect the border fence on the Beitbridge border post.
An investigation found that the fence cost R40.4 million – which consisted of R37.1m payment to the contractor and R3.25m to a professional agent – overpriced by R14m.
In her response, De Lille said the disciplinary action of the employees was divided into two phases with one inquiry focusing on members of the national bid adjudication committee (NBAC) and the other into the conduct of three senior managers.
She said disciplinary action against Vukela was managed by the Office of the Presidency.
“The director-general has subsequently taken early retirement.”
De Lille also said the disciplinary action against her special adviser Melissa Whitehead was being managed by the state attorney office on behalf of her.
Whitehead was informed of the intended charges in September 2020, and the state attorney appointed the hearing’s initiator and chairperson.
“The minister is currently awaiting the way forward from the chairperson,” De Lille said.
The minister also said the inquiry into NBAC members was finalised in May and the implicated officials were found guilty of all the charges in June.
“Chairperson delivered the sanction report imposing final written warning and suspension without pay, for between one and two months, to all the employees on the basis that there was no evidence of employees benefiting out of the project,” she said.
Acting director-general Alec Moemi approved the sanction in October.
“All employees have now begun serving their sanctions of suspension without pay with effect from 1 November 2022.”
On the inquiry against senior officials, De Lille said one of the official’s legal representatives served the chairperson and the department with the court application to set aside the investigation report and the disciplinary enquiry, among other things.
“The department has prepared and filed the record of the procurement process and the investigation report with the applicant and the registrar on June 14, 2021 and the state attorney is now waiting for the applicant to serve their supplementary papers.”
She also said the department has since deposed the founding papers for the review of the chairperson’s ruling postponing the hearing indefinitely.
“With regard to the two senior employees, the state attorney has appointed initiator and chairperson to facilitate the disciplinary enquiry of the two senior managers separate from the deputy director-general for construction management hearing.”
On the recovery of costs incurred, De Lille said the civil action was being managed by the Special Investigating Unit (SIU) on behalf of the Department of Public Works and Infrastructure (DPWI).
She said SIU instituted legal action against contractor Magwa and principal agent Profteam with the Special Tribunal in November 2020.
The Special Tribunal had in its judgment stripped the contractor Magwa and principal agent, Profteam of any profits arising from the BeitBridge border fence project.
The judgment was appealed in May and dismissed with costs in September.
“According to the SIU report to DPWI, it would appear that the contractor and principal agent are desirous to appeal the tribunal decision in the high court, however, DPWI has not yet been provided with further briefing and the papers thereof by SIU,” De Lille said.
Cape Times