Flagged: Relebohile Mafokane, head of the North West department of social development, is at the centre of a controversy over allegedly irregular tenders.
The North West government is forging ahead with R133.9 million in “wasteful” expenditure on security, despite a forensic audit report showing procurement legislation was flouted in awarding the tender to 10 companies.
It details how the department of social development gave the 18-month contracts to the companies without determining “key essential factors”, such as the number of sites it needs security for and the rates per security officer to be employed. This led to a “potentially incorrect” calculation of the R133.9 million in projected expenditure.
The report, which was compiled by the North West treasury’s internal audit office and was signed off last month, added that four of the 10 companies were given the contracts despite not indicating the value-added tax they would charge the department, which is a requirement of public procurement legislation.
The treasury has questioned the calculation of the outlay over the 18 months, saying it “may translate into fruitless and wasteful expenditure”.
At the centre of the controversy is head of department Relebohile Mafokane, who signed off on the contracts, and who faces a Special Investigating Unit (SIU) probe over allegations that he submitted fake tertiary qualifications, and only had a matric certificate, when he began his five-year term in May 2021. A post-graduate qualification was one of the requirements for the post.
The Mail & Guardian reported in November that SIU spokesperson Kaizer Kganyago had confirmed the probe into Mafokane’s qualifications.
Several provincial government officials have accused Mafokane of having “forced” three supply-chain management employees, who were named in the audit report, to initiate and award the contentious contracts without doing proper risk assessment and due diligence.
Mafokane issued an instruction, seen by the M&G, to all social development directors on 19 May, prohibiting the senior managers from procuring any goods and services. The instruction allowed junior officials to make purchases, with Mafokane issuing the final approval.
“All bid specifications, including quotations specifications, must be approved by the accounting officer,” reads Mafokane’s instruction, referring to himself.
A senior provincial source said taking financial responsibility away from senior managers had a bearing on service delivery because Mafokane runs the department “remotely” from Rustenburg instead of the Mahikeng head office. There is a risk that the social development department might have to surrender millions to the national treasury.
“Mafokane won’t be able to sign all the documents that were supposed to be signed by managers because he stays in Rustenburg and runs the department remote from there. What is more shocking is that [Mafokane] has hired bodyguards, citing security threats to his life,” said the source, who asked to remain anonymous.
“Those bodyguards are paid by the state, making Mafokane the only head of department in South Africa that has bodyguards. Right now, the security companies that are largely from Gauteng and other provinces are rendering services to the North West even though they were irregularly appointed by the head of department.”
Sources within the provincial government said the R133.9 million contract had resulted in a fallout between Mafokane and member of the executive council (MEC) for social development Boitumelo Moiloa, who has reportedly been “undermined” by the former.
The North West chapter of the National Education, Health and Allied Workers’ Union alleges Mafokane has been able to run amok in the province because he is “protected” by Premier Bushy Maape, who is responsible under law for the appointment and discipline of all heads of department.
(John McCann/M&G)
“Nehawu has on numerous occasions called on [the premier] to intervene in the maladministration of the department and irregular procurement of goods and services,” said the union’s social development secretary Anele Xhati.
“The union further calls on the MEC to take the strongest measures to safeguard the soul of the department from the hands of those managers and officials whose intention is to loot the resources of the department for their selfish gains.”
The fallout between Mafokane and Moiloa allegedly led to the two being “turned away” by the health and social development portfolio committee in the processing of the department’s annual performance plan for the 2023-24 financial year.
In a statement to the M&G earlier this month, committee member Gavin Edwards said “squabbles” between the two, including allegations by Mafokane that Moiloa had stripped him of his powers as accounting officer, would affect service delivery in the department.
Edwards said committee members were “astonished” by Mafokane’s revelation he had been stripped of his powers because the head of department had approved the contentious R133.9 million security tender.
“This after the head of department had signed off tenders for security contracts to the value of [more than] R130 million two weeks [prior] to 12 May. When were the powers stripped?” Edwards asked.
“We are asking ourselves what is happening with service delivery because it is clear that the head of department and the MEC cannot work together.
“Members of the committee raised their concerns with both the MEC and [Mafokane], questioning what actually happens to service delivery while the MEC and the [departmental head] are clearly more concerned with internal squabbling and battles rather than ensuring effective service.”
This is the second time that the health and social development portfolio committee has rejected a presentation from Moiloa and Mafokane. Last year, the committee turned the department away after questioning the qualifications of its head of department, which led to a request to the SIU to probe the matter.
Edwards reiterated that the social development department had still not provided clarity on Mafokane’s qualifications a year later.
“Repeated requests by the committee seeking clarity on his appointment were simply ignored by the MEC, and subsequently the premier.
“The department simply assumed that the committee would be used as a tick box to approve budgets and annual plans, while at the same time being a battleground for the continuing fights between the head of department and the MEC. We want both of them to be held accountable for their actions,” Edwards said.
Responding on behalf of Moiloa, Mafokane and the province, North West social development spokesperson Petrus Siko did not address questions on why an allegedly flawed tender was continuing but said the department had resolved to look into it.
“We will launch [an] investigation into the awarding of the tender in question. Consequence management will be determined by the outcome of the investigation. We will follow the law in handling this matter.
“We do not take pride in the awarding of this tender hence we [will] launch an investigation into the whole matter. The law should take its course,” Siko said.
The M&G previously reported that Mafokane was found by a Public Service Commission investigative report in February 2019 to have no post-high school qualifications when he was appointed as chief of staff of the national public service and administration department during the tenure of former minister Faith Muthambi.
An internal note from the South African Qualifications Authority, seen by the M&G, dated 9 March 2021 and drawn from its national learners’ records database, confirmed Mafokane had completed high school in 1998. But the authority could not verify whether he had graduated from the University of Johannesburg because this was not captured on its database.
On his CV, Mafokane said he had a postgraduate diploma in advanced business management, attained from the university in 2011, without saying what his undergraduate qualification was.