By Lehlohonolo Lehana.
The office of the Public Protector says an investigation into allegations of maladministration and irregularities relating to the procurement of service providers for the construction of the Beitbridge Border Post fence in Limpopo has been discontinued.
The office received a complaint to investigate whether the Department of Public Works has failed to follow proper procurement processes when appointing the service provider for the supply, delivery, and installation of the fence at the border.
The fence that had been delivered to the department was easily scalable, poorly built and of low quality.
The Department of Public Works and Infrastructure allegedly paid an advance amount of R21, 8 million for the construction of the 40-kilometre borderline razor mesh fence at the Beitbridge Border post between Zimbabwe and South Africa.
The Department used the emergency procurement processes to unlawfully appoint the two contractors to erect and repair the borderline fence at the Beitbridge Border Post.
The total contract price amounted to R40, 4 million, of which R21, 8 million had already been paid.
Acting Public Protector, Kholeka Gcaleka says her office attempted to investigate the matter with the aim of making a determination regarding whether proper procurement processes were followed, but the affected parties approached the courts to challenge the validity of the minister’s directive, which gave rise to the procurement process in the matter.
The Special Investigating Unit (SIU) also investigated the matter and took it to the Special Tribunal, resulting in a judgment, which has also been taken on appeal to the High Court by Caledon River Properties (Pty) Ltd and Profteam CC – the two companies who were the appointed service providers.
Gcaleka says it was deemed imprudent to proceed with the investigation, taking into consideration the sub judice rule and to avoid contradicting outcomes.
“The courts are best positioned to adjudicate on the matter, PPSA will however monitor the progress of the circumstances surrounding the matter, “she said.
“Patricia de Lille, who was the Minister of Public Works and Infrastructure at the time, has already acknowledged that the border fence is “not fit for purpose.”
The SIU’s investigation uncovered several irregularities, including the pre-payment, after which the department was interdicted, prohibited and restrained by the Special Tribunal from making further payments pending the conclusion of the civil case.
The R40.4 million contracts were reviewed and set aside by agreement between the parties.
The office has also urged the National Arts Council (NAC) Chairperson, Princess Celenhle Dlamini, to take appropriate steps to ensure that future grant funding projects are implemented in line with proper systems.
It was investigating allegations of undue delay, nepotism, misallocation of grant funding and violation of the right to privacy.
The investigation stemmed from a complaint lodged on behalf of an interest group known as Abahlali Base National Arts Council.
In 2021, a group of artists staged a month-long sit-in at the NAC offices in Newtown, Johannesburg over the alleged lack of transparency in the allocation of R300m from the Presidential Employment Stimulus Programme.
The artists alleged that the entity has unduly delayed the disbursement of payments to deserving arts projects.
In a report released on Friday, Gcaleka says the investigation concluded that only the issue regarding irregular processing and undue delay by the NAC in procession applications for the payment of benefits related to the PESP was substantiated.
“The remaining issues could not be substantiated by the evidence at the Public Protector’s disposal,” she said.
She said her report was presented as an advisory only, owing to the steps already taken by the NAC to address the concerns raised.