The Special Investigating Unit (SIU) has referred criminal cases to the National Prosecuting Authority (NPA) regarding the controversial Rooiwal Waste Water Treatment Plant tender in Tshwane.
Kaizer Kganyago, the SIU spokesperson, confirmed on Tuesday that criminal referrals have been made to the NPA.
This development comes after the SIU completed the first phase of its investigation into the R295 million tender awarded to Blackhead Consulting, a company linked to controversial and politically connected businessman Edwin Sodi.
The South African Local Government Bargaining Council ruled on Tuesday that the City of Tshwane must reinstate five senior officials suspended over their alleged involvement in the irregular tender.
These officials, who include Group Head of Water and Sanitation Stevens Notoane, Director of Electrification Justice Sekokotla, Divisional Head of Water and Sanitation Dumisani Gubuza, Divisional Head of Electricity Planning and Development Frans Manganyi, and Divisional Head of Supply Chain Management Thembeka Mphefu, had been on full-pay suspension since April 2023.
The council found their suspensions unfair, citing the conclusion of disciplinary proceedings as a critical factor that eliminated the risk of interference with ongoing investigations.
The arbitration award mandates their return to work on January 20, 2025.
The tender in question, awarded in October 2019 for Phase 1 of the Rooiwal upgrade, has faced significant scrutiny.
The city terminated the contract in August 2023 due to poor-quality work and ongoing delays.
Municipal spokesperson, Selby Bokaba, said the city is still studying the arbitration award and its implications.
DA Tshwane caucus leader Cilliers Brink said that Blackhead Consulting should have been disqualified from the bidding process due to its controversial background.
He said a forensic report commissioned by the city also recommended disciplinary action against the five officials who served on the bid evaluation committee.
“When I was mayor, the city administration suspended the Rooiwal Five pending a Labour Court application to have them dismissed,” said Cilliers.
“Shortly before Christmas these officials evidently obtained a bargaining council decision uplifting their suspension. The risk, as we have pointed out, is that Tshwane is now under control of an ANC coalition. I have written to Tshwane’s city manager to ask that he takes the bargaining council decision on review, which will allow the Labour Court to deal with the matter without prejudice.”
Cilliers said Tuesday night that the DA welcomes the announcement by the SIU that criminal referrals have been sent to the NPA in the case of the “Rooiwal Five”.
“This is no guarantee of a successful prosecution, but nonetheless a confirmation that there is a serious case to answer,” said Cilliers.
“The matter involves an irregular tender awarded to consortium with links to Edwin Sodi for the upgrade of the Rooiwal Wastewater Treatment Plant. The contactor later abandoned the project without finishing the work and a forensic report implicated officials who had served as the bid evaluation committee in the matter.”
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