By Johnathan Paoli
Suspended Tshwane Metro Police Department (TMPD) director of Asset Protection Security Services Tshukudu Malatji has doubled down on his claim that he did not cancel the controversial ad hoc security contract linked to Gubis85 Solutions because he did not have the legal authority to do so.
Returning to the Madlanga Commission on Thursday, Malatji said the instruction itself was flawed, both procedurally and legally, and insisted he could not act on an order issued by an official who, at the time, was not formally part of the TMPD structure.
“I did not carry out the instruction, because this directive does not delegate me with powers, duties and responsibility to intervene. There is no way I would have cancelled something that was not ordered and or instructed by me,” Malatji said.
This follows previous testimony which claimed that Malatji had defied an instruction from Deputy Commissioner Revo Spies to cancel the contract.
Malatji went further, directly challenging Spies’ authority.
“On 12 March 2025, Commissioner Spies did not have legal authority to do so. His position was not part of the approved organisational structure. Legal authority in the City is derived from council, not from individuals,” he added.
Malatji said he only acted months later, after June, when Spies had been “accommodated” into the structure.
Pressed by Commissioner Sesi Baloyi on whether he had refused to cancel the contracts because the deployments themselves were irregular, Malatji confirmed that in light of the tenders “not being done properly” he was concerned.
He said that he could not comply with Spies’ directive, because it included cancellation of ad hoc services which were not affected.
Malatji said the instruction was not directed to the initiator of the ad hoc services in question (the Water and Sanitation department) and that the instruction was issued without observing the contents of the standing operating procedure.
He said he did eventually comply with the instruction by drafting signed letters of termination which he personally served on Gubis85 Solutions.
Malatji suggested the instruction to terminate the contracts was an attempt to shift accountability.
“I made the mention of the fact that at the point when Mr. Spies was giving me this instruction, right, this matter was receiving attention at a higher level and the level at which Mr. Spies was sitting, right. So, I looked at his approach and I realised, I convinced myself, I’m still convinced, he wanted to throw me under the bus,” he said.
Malatji told the commission that ad hoc services were governed by a 2023 standard operating procedure, which required departments to budget, define scope and duration, and follow procurement rules.
“Gubis85 Solutions were procured under the spirit of this directive, and I was not involved. Otherwise, I would have made it a point at inception that the department complies and avails a budget,” he testified.
He argued that the contracts were initiated by other departments, without proper compliance and that he lacked authority to enforce corrective action across departments.
“I had no authority to hold anyone accountable. I would have ensured compliance if I had the power,” he said.
Malatji admitted senior-level involvement in efforts to regularise and pay for the contract after the fact.
He said executive meetings, involving the Chief of Police, CFO, COO and other senior officials, were held to arrange funding for outstanding invoices totalling about R91 million.
“It is clear executive meetings were arranged to find ways and means to pay these invoices. What is worrying is that I was not involved, yet it seems everybody wants to pass this back to Director Malatji,” he said.
“The Chief of Police requested the R91 million, the CFO supported, the City Manager approved. After that, I don’t think there was anything wrong with processing those payments,” he added.
Proceeding kicked off with a rocky start after Malatji’s attorney, Sibusiso Nkosi, sought a postponement, arguing that his client had not been given adequate time or access to critical documents, including a 418-page tender file, transcripts of key witnesses and call data records.
But Commission Chair Mbuyiseli Madlanga rejected the application, ruling that the hearing would proceed.
Gubis 85 Solutions has been under scrutiny for receiving R59 million from the TMPD for ad hoc services rendered between July 2024 and June 2025, with R14 million reportedly being spent in the months of January and February of 2025 alone.
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