In a landmark ruling, the Special Tribunal has directed the KwaZulu-Natal Education MEC to initiate disciplinary proceedings against 16 departmental officials for their roles in the irregular awarding of a multi-million rand contract.
The case centers on a R2.5 million contract for chemical toilets at schools, which was awarded in violation of numerous procurement laws. The Special Investigating Unit (SIU), which brought the case, uncovered a series of severe violations.
SIU spokesperson Kaizer Kganyago outlined the findings, stating the investigation revealed the complete absence of required competitive bidding, overpricing of more than 100%, unlawful extensions of the contract, and that delivery of toilets began even before the service provider, Howetu Pty Ltd, was formally appointed. Officials also split payments to deliberately circumvent procurement thresholds.
Kganyago described the tribunal’s ruling as “groundbreaking.” He explained that while orders to cancel contracts and recover funds are common, this judgment uniquely mandates concrete consequence management.
“For the first time… the judge went further to say… I’m ordering that consequence management has to happen,” Kganyago stated. He emphasized that the MEC must now ensure the 16 implicated officials are disciplined, and failure to do so would place the MEC in contempt of the tribunal.
“This is groundbreaking because previously we would then have to send the referrals for disciplinary and sometimes they get ignored and there’s nothing that we can do,” Kganyago added.
When asked if the bypassing of processes was a deliberate corrupt act, Kganyago was unequivocal. “It is a deliberate corrupt act,” he said, pointing to the officials’ intentional avoidance of competitive tendering and evidence of collusion, as delivery commenced prior to official appointment.
“The mere fact that these people were contacted and they delivered even before the appointment was done is a clear indication of collusion,” he asserted.
The tribunal also ordered Howetu Pty Ltd to repay all monies received from the contract, plus interest. Kganyago clarified that non-payment would be treated as a recoverable debt, potentially leading to the seizure and sale of the company’s assets.
Regarding potential consequences for the MEC, Kganyago stated the SIU would return to the tribunal to report any defiance of the order, which could lead to the MEC being charged.
The ruling comes amid heightened national focus on governance and corruption, with the SIU indicating it will seek similar mandatory disciplinary orders in future cases to strengthen accountability.