The Mpumalanga department of public works has been accused of fraud after a R500 000 construction tender was allegedly awarded to a company different from the one chosen by the bid committee.
Mthetwa Skosana believes his Amajalayeza Business Enterprises should have been awarded the contract to construct toilets at the Nkadimeng Primary School near Dennilton in Mpumalanga.
The contract eventually went to Siyafuna Property Construction and Transport, which tendered for R182 000, but was paid almost R450 000 after the scope of the work was changed.
Skosana claims to have proof that the contract should have come his way and has vowed to obtain all documents relevant to the awarding of the tender.
The department this week denied that the contract was awarded to Amajalayeza and suggested that the documentation was forged. It refused to give the Mail & Guardian the ‘authentic†tender documents.
Using the right to apply for access to information, Skosana unsuccessfully tried to obtain the documentation. He then approached the Nelspruit Magistrate’s Court, which referred him back to the department on technical grounds.
Now he is appealing the department’s decision not to furnish him with the tender documentation.
The M&G has the court file containing official documents supporting Skosana’s claim. It also contains an affidavit by the head of department, Priscilla Nkwinika, who disputes their veracity.
Skosana’s claims are largely supported by two documents — a recommendation by the bid committee, signed by six officials in January 2006, and the minutes of a meeting of the bid committee that ‘approved†the awarding of the tender to Amajalayeza.
The recommendations state that Amajalayeza scored a mark of 95,1 and Siyafuna achieved 91,8. But Nkwinika disputes this, stating in an affidavit that Siyafuna scored 95,8 points.
The department refused to provide the M&G with proof of Nkwinika’s claims and spokesperson Ina Georgala advised that an application be made in terms of the Promotion of Access to Information Act.
Georgala calls the documents in the court file ‘the second bid document†and says the department has good reason to believe there were ‘irregularities†in its compilation. The department has launched an internal investigation into the manner in which Amajalayeza allegedly obtained the documents.
Skosana vehemently denies that he forged the documents and accuses the department of ‘playing gamesâ€.
‘Let them bring us proof that the bid committee decided differently,†he says.
Hamilton Siyaya of Siyafuna says he ‘knew nothing†about the tender process and was informed by a consultant only in January last year that he had been awarded the tender.
He showed the M&G his letter of appointment, signed by Nkwinika on November 21 2005 — almost two months before the department’s financial chief, Portia Mojapelo, approved the award of the tender to Amajalayeza.
Consultant Elma de Bruin says the project is ‘99% completeâ€.