The Special Investigating Unit (SIU) has welcomed two judgments by the High Court against former members of the interim board of the SABC and its decision to award a multimillion rand security tender to Mafoko Security Patrols Pty Ltd.
According to the SIU, the court ruled that the decision to award the R185 million physical security services tender is “invalid” and is “reviewed and set aside”.
“The interim board took a decision to award Mafoko a security tender for a period of five years commencing 1 August 2017 at a total contract price of R185 519 425.61, which was R2 300 955.43 more than the contract price for Mjayeli Security. Mjayeli was recommended by three tender committees to the board for appointment.
“In terms of the High Court judgment, Mafoko Security Patrols must, within 30 days, submit an audited statement of the expenses incurred in the performance of its obligations in terms of the tender, the income received and the net profit it would acquire earned at the expiry of the contract.
“The High Court also ordered the SABC to access an independent audited verification within 60 days. After that, the Court will determine the amount of profits to be paid back by Mafoko to the SABC or the SIU,” the unit said.
SIU head Advocate Andy Mothibi said: “The Court’s reference to the King Code on Excellent Governance underscores the requirements, as also provided for in the Public Finance Management Act, for the Boards of Directors to always act in the interest of State Institutions”.
In another judgement, the court dismissed an application by members of the former interim board, which sought to review and set aside a SIU report that recommended that they be declared delinquent.
The application was brought by former interim board members Khanyisile Kweyama, Mathatha Tsedu, Febe Potgieter-Gqubule and John Matisohn.
“The SIU investigation found that the interim board had irregularly awarded the security contract to Mafoko Security Services, and their action was wrongful and irregular. The SIU believes they were supposed to consider launching an investigation, cancel the tender, or remitting it for reconsideration. The SIU found that the interim board failed to discharge their fiduciary duties in that respect and failed to act in the best interests of the SABC.
“The interim board members argued that the SIU report was irrational, the SIU’s investigation was unconstitutional and contravened the principle of legality, and the SIU went beyond the scope of the President’s Proclamation. Furthermore, they contended that the SIU acted irrationally and procedurally unfairly and exceeded its powers in reaching the findings.
“However, the High Court dismissed the application and ruled that the SIU acted in accordance with the Proclamation by the President, which included investigating maladministration,” the SIU said. – SAnews.gov.za
Wiccan Thunder
3. to be injected with the AIDS virus for a slow death.
So the German said, \”Shoot me right in the head.\” Boom, he was dead instantly.
Then the Italian said, \”Just hang me.\” Snap! He was dead.
Then it was Van der Merwe turn , and he said, \”Give me some of that AIDS stuff.\”
They gave him the shot, and Van der Merwe fell down laughing. The guards looked at each other and wondered what was wrong with this guy.
Then Van der Merwe said, \”Give me another one of those shots,\”so the guards did. Now he was laughing so hard, tears rolled from his eyes and he doubled over.
Finally the warden said, \”What\’s wrong with you?\”
Van der Merwe replied, \”You guys are so stupid…..
I\’m wearing a condom.\”
Sand Whiskers
Fun South African Fact: In the Cape Wineland region, you’ll discover the stunning towns of Franschhoek, Stellenbosch and Paarl. This region is home to many award-winning wine estates that produce incredible varieties and vintages year in and year out. South Africa’s wine country is home to more than 500 registered wineries. While exploring these vineyards and estates, be sure to sample some Pinotage, South Africa’s signature variety!