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·      Chief civil engineer, Mfanelo Mbanjwa, exposed tender irregularities but was victimised ·      The Education department charged and fired Mbanjwa after he blew the whistle ·      The Hawks have found substance in Mbanjwa’s allegations and arrested 38 suspects even though a Public Protector probe exonerated officials

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Sizwe sama Yende

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Mpumalanga education authorities have been left with an egg on their faces after police acted on the information of a whistleblower they ignored and then fired.

The arrest of 38 suspects that include the department’s officials and company owners on February 22 is the outcome of former chief civil engineer Mfanelo Mbanjwa’s bravery to risk his job and expose the irregularities in the R114 million emergency project for repair and maintenance of 21 school buildings.

Mbanjwa raised the alarm in 2019 that astronomical amounts of money were spent on “aesthetic” work that officials motivated as major defects such as damaged roofs and sewer upgrades.

At that time, Mbanjwa warned his superiors that the only work done on the schools was the tiling of floors, painting of walls and installation of ceiling boards which would cost way less. He had personally investigated 14 schools.

At the gist of the Hawks case is that officials categorised the project as an emergency allegedly to circumvent supply chain processes. They then allegedly abused the system by handpicking their favoured service providers, inflated prices, and some of the officials benefited family members.

DISMISSAL

Soon after Mbanjwa raised these issues, he was charged and hauled before a disciplinary tribunal, which eventually dismissed him. The department declined to reveal the charges and the reasons for firing Mbanjwa back then.

It is still refusing even now.

Mpumalanga Education spokesperson, Jasper Zwane, fobbed off questions about Mbanjwa’s dismissal this week by claiming that the matter was “sub judice.”

“As the matter is now before the courts, the department respects the judicial process and regards the case as sub judice,” Zwane said.

When challenged to explain how a concluded disciplinary process against Mbanjwa and his dismissal in 2020 was sub judice, he opted not to respond.

CONCOCTION OF A PLAN TO LOOT

An e-mail Mbanjwa sent to former premier Refilwe Mtshweni-Tsipane’s office on March 18 2020 sheds light on how his colleagues allegedly concocted a plan on June 24 2019 to loot by requesting to use services of contractors that had done work for the Department of Public Works, Roads and Transport.

Mbanjwa said that the memo to motivate for the repairs seemed to suggest 14 schools were the worst-affected and needed roof truss replacements, roof replacements, waterproofing, and new sewer and toilet installation.

He said that the memo sought authorisation for the use of the contractors, but also mentioned that quotations were already   solicited and received from the contractors.

“On the memo a recommendation is made, by the director infrastructure planning, that the request is supported on the basis that there is approximately R42 million that needs to be spent. This is strange considering that the basis for the emergency is the degraded infrastructure, but it now seems as if the emergency is to spend money,” Mbanjwa said.

HOW IS INSTALLING AN AIR-CON AN EMERGENCY?

Mbanjwa added that the memo was approved by then acting HOD, Jabulani Nkosi. Nkosi is among the officials that the Hawks arrested last week.

“In essence,” he added, “the memo was a request to bypass an open tender process and to implement the quoted scope of works for the 14 schools. It’s not clear, how the schools were chosen, because there are well over 100 similar projects, which fall under maintain and storm damages.”

Mbanjwa highlighted that work that was to be done at Bukhosibetfu Primary School was an installation of an air conditioner in the library.  

“This is not an emergency at all that would require an emergency deviation from tender processes.” Mbanjwa reported the matter in Sandton police station and it was then transferred to Mbombela.

PUBLIC PROTECTOR’S REPORT

The department’s officials were not alone in dismissing Mbanjwa’s claims, which the Hawks now believe have substance.

A Public Protector’s investigation report cleared the department’s officials of any wrongdoing.

The report signed by Mpumalanga representative, Botromia Sithole, on April 4 2021 found that:

·      The contractors appointed for the 14 school projects were from the Department of Public Works’ database as the Education department was approved to utilize the database to carry out corrective maintenance;

·      There was no fraud uncovered during the course of the investigation in relation to the 14 schools projects;

·      The construction work conducted at the schools was not part of emergency works contract, and were not deemed to be emergency in nature.

“The Public Protector has come to the conclusion that the allegations made by the complainant is not substantiated. Based on the investigation conducted by the Public Protector, it was established that the Department's decision not to reverse the appointments was justified based on the opinion of the DPSA (Department of Public Service and Administration),” Sithole said.

R1.6 M PAID IN BAILS

Mpumalanga Hawks spokesperson, Lt Colonel Magonseni Nkosi, said that the 38 individuals were granted bail ranging from R5 000 to R50 000 each and an accumulative amount of R1 625 000 was in applications that took three days this week.

All the suspects will appear in court on March 26 to answer fraud, theft, money-laundering and violation of Public Finance Management Act charges.