Local Government, Environ-mental Affairs and Development Planning
With reference to his reply to Interpellation 1 of 2 September 2021
(1) (a) What are the details of the course of action taken after the report was made public, (b) what are the full list of questions that were asked to the City of Cape Town and (c) what are the detailed list of replies provided by the municipality during the pre-investigation assessment that he referred to;
(2) (a) what are the timeframes of the process between the start of the pre-investigation assessment and the initiation of the section 106 investigation, including (b) what are the detailed timelines of (i) when the questions were sent to the City of Cape Town, (ii) when his Department is expecting replies and (iii) when the pre-investigation will be concluded;
(3) what are the grounds that would allow him to not initiate a section 106 investigation into corruption allegations in the City of Cape Town?
(1)(a) After the Corruption Watch report titled “South Africa needs clean hands” was made public, it was reviewed by officials within my Department.
The Head of Department thereafter met with the City Manager to discuss inter alia ongoing assessments and investigations.
(1)(b) The following documentation and information was requested:
• Copies of the supply chain management files and documents relating to all tenders awarded to XXXXXXXX from 1 June 2016 to date, including tender XXXXXXXXXXX(including any needs assessment conducted; requests for quotations; all quotations received; tender advertisement and tender specifications; bids received; briefing registers; minutes of compulsory briefing sessions; minutes of the Bid Specification meeting(s); minutes of the Bid Evaluation meeting(s); minutes of the Bid Adjudication meeting(s); and letter(s) of award / appointment letter(s)).
• Copies of all documents relating to and detailing all disputes lodged by unsuccessful bidders in relation to any tenders awarded to XXXXXXX from 1 June 2016 to date, including tender XXXXXXXXXXX.
• Copies of all documents relating to and detailing all payments made to XXXXXXX from 1 June 2016 to date, which should include, but not be limited to invoices, requisitions compiled, orders issued and documents indicating votes used for payments made in this regard. Copies of all document relating to and detailing the budget allocated for the services of XXXXXXX from 1 June 2016 to date.
• Copies of all agreements entered into between the Municipality and XXXXXXX from 1 June 2016 to date.
• Copies of all documents relating to and detailing all payments made and tenders awarded to XXXXXXXXXXXXXXXX, as well as copies of all agreements entered into between the Municipality and XXXXXXXXXXXXXXX from 1 June 2016 to date.
• Details of any irregularities, in relation to the appointment of XXXXXX, that have been investigated by the Municipality or any other authority, together with a copy of all investigation reports and any other documentation that sets out what steps have been taken to date to address such irregularities.
• Details of any allegations of irregularities or misconduct that have been lodged with or investigated by the Municipality or any other authority involving XXXXXXXX and/or XXXXXXXXXXXXXX during their tenure at the Municipality, together with a copy of all investigation reports and any other documentation that sets out what steps have been taken to date to address such irregularities and/or misconduct.
• The relevant signed Supply Chain Management Policy(ies) that applied in respect of all appointments of XXXXXXX from 1 June 2016 to date.
• A copy of the Human Resource files for XXXXXXX and XXXXXXXXXX including their job descriptions.
• Registration details of XXXXXXX on the Municipality Suppliers Database and details of what services they provide or have provided to the Municipality.
• Copies of all documents relating to and detailing all payments made to XXXXXXX from 1 April 2020 to date, which should include, but not be limited to invoices, requisitions compiled, orders issued and documents indicating votes used for payments made in this regard.
• Confirmation whether XXXXXXXXX is / or was registered on the Municipality Supplier Database and if so, provide their registration details and details of the services they provide or have provided to the Municipality.
• Copies of all documents relating to and detailing all payments made to XXXXXXXXXXXXXX from 1 April 2020 to date, which should include, but not be limited to invoices, requisitions compiled, orders issued and documents indicating votes used for payments made in this regard.
• Copies of all documents relating to the alleged payment of XXXXXXXXX to XXXXXX, including confirmation that the services were delivered by them, payments made and details of the officials responsible for the approval of the payment.
• Provide approved policy documents pertaining to the XXXXXXXXXXXXXXXX program, which sets out the criteria to be met by beneficiaries in order to qualify for funding.
(1)(c) The City of Cape Town’s Internal Fraud Unit are currently conducting an investigation into the allegations and the Provincial Minister has agreed to await the outcome thereof before concluding his assessment.
(2)(a) There are no legislated timeframes applicable.
(2)(b)(i) The allegations were sent to the City of Cape Town in three separate letters dated 24 February 2021, 15 July 2021 and 23 September 2021.
2(b)(ii) The City of Cape Town has replied to the Provincial Minister’s correspondence. The City of Cape Town’s Internal Fraud Unit are currently conducting an investigation into the allegations and the Provincial Minister has agreed to await the outcome thereof before concluding his assessment.
(2)(b)(iii) The Provincial Minister will conclude the assessment following receipt of the investigation report by the Cape Town’s Internal Fraud Unit.
(3) The Provincial Minister is not required to initiate a section 106 investigation into corruption allegations if he doesn’t have reason to believe that maladministration, fraud, corruption or any other serious malpractice has occurred or is occurring in a municipality in the province or if he doesn’t consider it necessary in the circumstances.
