Public protector probing housing contract ‘bribery’

The public protector is investigating a KwaZulu-Natal municipal manager for allegedly soliciting a bribe – via SMS – from a successful bidder, and then cancelling the R64 million tender to build houses when the company refused to pay up. But Bheki Ngubane, who is at the centre of the allegations, has dismissed the claims. Instead, he alleges that the company was not qualified to do the job, and that the tender was awarded irregularly by officials in his department. Ngubane was the chief financial officer at the Maphumulo Municipality when the tender to build 1 000 RDP houses was being deliberated on. Sintucom director Patience Mdletshe said the shenanigans started shortly after she was told that she had won the tender in January 2011.

She was appointed as the implementing agent for the project as an emerging female contractor. But as soon as she received the appointment letter, she was verbally asked for a R1.5 million bribe from officials in the municipality. Later the amount was dropped to R800 000. When she refused, the tender was withdrawn three months after it was awarded. Nearly three years later, the tender is yet to be awarded, as investigations by the public protector and the Department of Co-operative Governance and Traditional Affairs continue. The department’s spokesman, Vernon Mchunu, confirmed the investigation was under way, but would not provide details. Public protector spokesman Oupa Segalwe confirmed that they were investigating Ngubane, after receiving the complaint in August 2011.

“We are investigating Mr Ngubane on allegations of tender irregularities, corruption on withdrawal of an award on a contract, including solicitation of a bribe,” said Segalwe. He said the public protector was probing the events following Ngubane’s withdrawal of the tender. Segalwe would not be drawn on the SMSes. However, The Sunday Independent has seen SMSes sent from two numbers to Mdletshe between February 17 and April 16, 2011. One of the numbers has been captured as “CFO KwaMaphumulo”, and the other as “Sibya Bongs Maphmncp”. In one of the messages, “Sibya Bongs Maphmncp” allegedly wrote: “Mam if by Monday nothing happens, the CFO has said the project will be readvertised… by Thursday and Friday it will be in the paper.”

In an SMS that followed from the same number, the message says: “Are sorted out now? The guyz want to know taking from our last talk of 800.” In the fourth SMS, this time from “CFO KwaMaphumulo”, the message is: “Mrs Mdletshe, pls note that this has be withdrawn Thanks.” In the message that followed two days later, “CFO KwaMaphumulo” wrote: “Will you please contact Bongani it’s very urgent. It’s about the message from the mayor.” The SMS is written in Zulu. But Ngubane dismissed the SMSes as “rubbish”.