PRIVATE AND CONFIDENTIAL

THE DEPARTMENT OF HEALTH (“NDOH”)

REPORT

RE: INVESTIGATION INTO THE ALLEGATIONS AND/OR COMPLAINTS

LODGED BY NORTH WEST PROVINCE: THE BOKONE BOPHIRIMA

BUSINESS FORUM AND EMPLOYEES OF PROVINCIAL

DEPARTMENT OF HEALTH BY ADMINISTRATOR REGARDING THE

AWARDING OF PHYSICAL SECURITY TENDER BID NUMBER

(NWDOH 44/2019), AND UNFAIR SUSPENSION.

Dated : 12 OCTOBER 2020

Confidentiality : This report has been prepared for the exclusive use of the
NDOH. The contents of the report may not, in whole
or in part, be copied, quoted, referred to or disclosed
to any other party without our prior written consent.
 -1-
STRICTLY PRIVATE AND CONFIDENTIAL
Chief Director: Health Sector Bargaining
Office: 1901
National Department of Health
Telephone: 012 395 8620/21
Date: 12 October 2020

Attention:
The Director General
Dr. SSS Buthelezi

1. On 17 July 2020, the Chief Directorate Health Sector Bargaining sub-directorate

Employment Relations at National Department of Health received a request to
investigate the complaint lodged by Mr. L. Modise: The Chairperson of Bokone
Bophirima Business Forum, and unfair suspension of the employees of Provincial
health Department (Dr Makhubu Director Supply Chain, MS BH Maleka :Chief
Financial Officer, and Ms B Molamu :Secretary of the Adjudication Committee).

2. The investigation therefore focuses on the complaint received by the Director-

General regarding the allegations and/or complaints lodged by Mr. Letlhogonolo
Modise, Chairperson of Bokone Bophirima Business Forum about the conduct of
the North West Department of Health Administrator, Ms J. Hunter, and in particular
the tender process of rendering of physical security services (Bid No. NWDOH
44/2019).

3. And the unlawful suspension of Dr. DB Makhubu, Ms BH Maleka,Ms B Molamu by

the Administrator of North West Department of Health, relating to the award of the
physical security tender (Bid Number NWDOH 44/2019) and procurement of Bhalizo
Consulting Services for technical evaluation of security bid.

4. This report has been prepared for the purposes of the above Investigation and
should not be used for any other purpose. No portion of the contents may be quoted
/ referred to or disclosed, in whole or in part, without our prior consent.

This report is for internal use only and the contents thereof may not be divulged to external parties 1
5. Should you have any comments please do not hesitate to contact Adv. TM Ngake
at (012) 395 8620/21.

Yours sincerely
......................................
Adv. TM Ngake
Chief Director: Health Sector Bargaining
Date:

This report is for internal use only and the contents thereof may not be divulged to external parties
2
RE: INVESTIGATION REPORT ON THE GRIEVANCE LODGED BY MRS MP NDHLOVU
INVESTIGATIONINTO
INVESTIGATION INTOTHE
THEALLEGATION
ALLEGATIONS
OFAND/OR COMPLAINTS
NON PAYMENT LODGED
OF CASH BY NORTH
BONUS: MS. RC
WEST PROVINCE:
CHABA: THE BOKONE
PERSAL NO: 18989641: BOPHIRIMA
PROFESSIONL NURSEBUSINESS FORUM
AT CHARLOTTE AND
MAXEKE
EMPLOYEES
HOSPITAL OF PROVINCIAL DEPARTMENT OF HEALTH BY ADMINISTRATOR
HOSPITAL.
REGARDING THE AWARDING OF PHYSICAL SECURITY TENDER BID NUMBER

(NWDOH 44/2019), AND UNFAIR SUSPENSION.

CONTENTS

SECTION TITLE PAGES

List of Annexure
Terms and abbreviations
i. Background
ii. Mandate
iii. Limitation Clause
iv. Summary Findings
v. Procedures performed
vi. Findings
vii. Conclusions
viii. Recommendations

This report is for internal use only and the contents thereof may not be divulged to external parties 3
LIST OF ANNEXURES
ANNEXURE Description
Annexure A Copy of request for investigation
Annexure B Copy of Court judgement
Annexure C Copy of AG findings report
Annexure D Copy of Rakoma Forensic report
Annexure E Copy of rejected submission by CFO
Annexure F Copy of statement from Dr. DB Makhubu
Annexure G Copy of statement from Ms BH Maleka
Annexure H Copy of statement from Ms B Molamu
Annexure I Copy of complaint from Bokone Bophirima Business Forum
Annexure J Copy of submission removing Dr Makhubu as member of tender committee
Annexure K Copy of submission for appointing Bhalizo consulting
Annexure L Copies of suspension letters.

TERMS AND ABBREVIATIONS

Terms

Throughout this document, unless otherwise stated, the words in the first column have
the meanings stated opposite them in the second column (and cognate expressions shall
bear corresponding meanings), words imputing the masculine include the feminine and
the neuter, words imputing the singular include the plural and vice versa, and words
imputing persons include corporations and associations of persons:

This report is for internal use only and the contents thereof may not be divulged to external parties 4
investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima

business forum and employees of provincial department of health by administrator regarding the

awarding of physical security tender bid number (nwdoh 44/2019), and unfair suspension.

ABBREVIATIONS
Abbreviations Interpretations
NDOH National Department of Health
DG Director General
CFO Chief Financial Officer
NWDOH North West Department of Health
DBEC Departmental Bid Evaluation Committee
DBAC Departmental Bid Adjudication Committee
PFMA Public Finance Management Act
PSC Public Service Commission
MEC Member of Executive Committee
SLA Service Level Agreement

This report is for internal use only and the contents thereof may not be divulged to external parties 5
investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima

business forum and employees of provincial department of health by administrator regarding the

awarding of physical security tender bid number (nwdoh 44/2019), and unfair suspension.

This report is for internal use only and the contents thereof may not be divulged to external parties
6
 investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

i. BACKGROUND

6. On 17 July 2020, the Chief Directorate Health Sector Bargaining sub-directorate Employment Relations
at National Department of Health received a request to investigate the complaints lodged by Mr. L.
Modise, the Chairperson of Bokone Bophirima Business Forum.

7. And the unlawful suspension of Dr. DB Makhubu, Ms BH Maleka,Ms B Molamu by the Administrator of
North West Department of Health, relating to the award of the physical security tender (Bid Number
NWDOH 44/2019) and procurement of Bhalizo Consulting Services for technical evaluation of security
bid.

8. The investigation will therefore focus on the complaint received by the Director-General regarding the
conduct of the Administrator of North West Department of Health, Ms J. Hunter, and in particular the
awarding of tender process for rendering physical security services (Bid No. 44/2019).

i. MANDATE

The mandate to conduct investigations in the National Department of Health in South Africa is derived
from Section 33 of the Constitution of the Republic of South Africa, Act 108 of 1996 as amended; the
Labour Relations Act 66 of 1995; Resolution 1 of 2003 of the Public Service Co-ordinating Bargaining
Council and Section 1.1 of the Protected Disclosure Act, Act 26 of 2000.

ii. LIMITATION CLAUSE

The investigator has attempted to include all information relevant to the execution of
this investigation. However, it is possible that documents and information exist which were
not made available to that or us the investigator was unable to locate.

Any documents or information brought to my attention subsequent to the date of this report and which
could affect my findings may require the findings to be adjusted and qualified accordingly.

This report is for internal use only and the contents thereof may not be divulged to external parties 7
 investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

iii. SUMMARY FINDINGS

FINDINGS PAGES

Ms Hunter approved the tender award post the validity period.

In terms of the Supply Chain processes, the validity for tender processes should be three
(3) months with additional 30 days upon request,and should you fail to finalise within the
period,then it should be readvertised.

The Accounting officer failed to comply

There are allegations that Ms Hunter violated her own directive that any submission which,
has financial implications must first be approved by the CFO before she can sign it.

The Administrator, Ms Hunter, as the Accounting Officer, signed the initial letters to the
winning bidders without ascertaining their accuracy and correctness.

High Court judgement found that there were irregularities in the awarding of NWDOH 44/2019
at the time when Ms Hunter was the Accounting Officer.

The NW h\Health Department did not apply the reviewal of the court judgement

Three officials have been suspended and are currently facing disciplinary action relating to
their role in the awarding of Bid No. NWDOH 44/2019.

The submission to appoint Bhalizo consultants was drafted by Director supply chain,
recommended by CFO and approved by the Administrator during May 2019
The letter to awarded service providers were drafted by Ms B Molamu (DBAC secretary)
and approved by Administrator. Later it was discovered by Director and Deputy Director
security services that letters were wrong and need to be corrected.
The second letters to the service providers were drafted by Directorate Security Services,
instead of DBAC secretariat.
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8
 investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

Both letters were done and signed by administrator without the knowledge of the DBAC
chairperson and Director Supply Chain

Dr Makhubu was side-lined on the whole of this tender processes,

The CFO, being the chairperson of the DBAC was also side-lined on the awarding and
signing of the approval letters which were send to the service providers.
There is submission of adjustment of security tariffs which the CFO rejected on July 2019
and was later approved after her suspension
Three employees are on suspension and already served with charges which are signed by
the Administrator, who happened to be the approver on the same award of tender and
approval appointment Bhalizo consultancy
The Auditor-General has found the NW tender process being irregular

iv. PROCEDURES PERFORMED

5.1 We have obtained and reviewed the following documents:

i. Documentary proof
ii. interviewed

5.2 We have interviewed and obtained information from the following persons:
i. Mr. Letlhogonolo Modise, the Chairperson of Bokone Bophirima Business Forum.
He stated the following through interview and documents (Annexure )
• He is the Chairperson of Bokone Bophirima Business Forum, which a non-political, non-racial
and non-sexist organisation based in the North West province.
• The Business Forum vision is to empower, develop and create a conducive environment where
Small, Medium; Micro Enterprises strive and take a lead in job creation, new business
opportunities that will lead to socio-economic benefits for previous disadvantaged local
communities and its members in the North West Province.
• They are disturbed by the conduct of Ms Hunter as the Administrator of NWDOH as they
believe that she has created a mess of epic proportions since her deployment instead of
coming to implement objectives set out for her to turn around the department.
• Their main concern is Security tender (Bid No. NWDOH 44/2019).
• They allege that the 90 days bid validity expired on 22 August 2019 and the evaluation,

This report is for internal use only and the contents thereof may not be divulged to external parties 9
 investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

adjudication and award should have been finalised on the same date.
• The medical waste bid closed on 25 May 2019 and 90 days validity expired on 24 August 2019.
• Both security and medical waste tenders were evaluated in just two weeks before 30
September 2019 and that both evaluation and adjudication were compressed in the last two
weeks of September 2019.
• On 30 September 2019, there was a Departmental Lekgotla meeting where all management
of the NWDOH attended.
• The meeting lasted for a week and took place at the Rustenburg Orion Hotel, Ms Hunter was
not part of that meeting on 30 September 2019 but only joined the proceedings on 01 October
2019.
• On 01 October 2019, she instructed the Director of SCM and CFO to sign and appoint service
providers for the tender.
• Both the Director and CFO advised Ms Hunter that according to Treasury regulations, the
tender must be re-advertised but she refused and used her power to force the two officials to
backdate and sign the submission for appointing service providers on October 2019.
• The North West Treasury has issued North West Provincial Treasury SCM Instruction Note
3 of 201/19: Pre-Auditing of SCM Process of Bids above R10 million (Including all
applicable taxes before the award of contract Ref 6/1/P Effective from 01 April 2019
provides as follows:
“5.1 Contracts above the value of R10 million (all applicable taxes included may only be
awarded with the concurrence by the Provincial Treasury…)
• They have learnt that the Security and Medical Waste tenders did not comply with directives
of the Provincial Treasury because Ms Hunter was in a hurry to sign them.
• They have already opened a criminal case against Ms Hunter.
• They request that the Minister to also investigate here.
• During the interview, he stated that the office of the Premier and MEC cannot intervene
because the Administrator is NOT reporting to them but the Minister.
• That the Administrator does not want to discuss with them anything,

ii. Dr. Daniel Buyani Makhubu: Director: Supply Chain Management.

He stated the following through interview and affidavit (Annexure)
This report is for internal use only and the contents thereof may not be divulged to external parties
10
 investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

• He has been employed by NWDOH from 01 March 2007 to date as the Director of Supply
Chain Management.
• He is on suspended, and his disciplinary hearing is currently in progress.
• He was side-lined as a member of Bid Evaluation and Adjudication committee
• By virtue of his position he is part of both committees, however, he was removed by the
Administrator without any reasons.
• He agreed that he drafted the submission with motivation to appoint Bhalizo Consultant and
was approved by the Administrator on May 2019.
• He was never be involved in the compiling of both letters of appointing and inviting them to the
handing over ceremony, that was facilitated by Security, Corporate Services and Administrator
to the service providers.
• Both Dr. Makhubu and CFO were side-lined by the Administrator.
• He said that, the Administrator allows the process of Supply Chain to be done by the Security
Services Unit or directorate.
• He said that he does not have any problem to be investigated but it cannot be the same
Administrator who side-line and then suspend him.
• He said that an administrator cannot be a player and referee at the same time.

Physical Security Tender (NWDOH 44/2019)

iii. Ms Bertha Hampu Maleka: Chief Financial Officer (NWDOH)

She is the CFO of the NWDoH, currently on suspension and her disciplinary hearing is on progress.
She stated the following through interview and on her affidavit (Annexure)

• She is appointed as the Chairperson of Adjudication Committee.

• She agreed that she recommended the submission with motivation to appoint Bhalizo
Consultant and it was approved by the Administrator in May 2019.
• After the approval of the submission she keep on sensitising the Administrator about the
expirers of the time frame of the tender
• She said that she advice the Administrator about the expirers of the validity of tender process

This report is for internal use only and the contents thereof may not be divulged to external parties 11
investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

(Bid NWDOH 44/2019)

• NWDoH appointed a consultant to do a technical evaluation on bid NWDOH 44/2019.
• The consultant couldn’t present his report to the departmental bid committees because Ms
Hunter and Chief Director: Corporate Services failed to appoint a DBEC on time.
• They only appointed members of the DBEC in September 2019 after 90 days of validity period
had expired.
• The security tender was extended by 30 days, and then on 12 September 2019, there was a
joint sitting of DBEC and DBAC to receive the consultant’s report.
• She took notes during the presentation of the report and at the same day, the department had
a departmental Executive Committee meeting, which was chaired by the MEC.
• She received numerous calls from Mr. Molosiwa Seitisho and Ms Hunter instructing her to
leave the joint sitting that was held in Mogaseng Resort, to join the Departmental Executive
Committee meeting.
• She explained to them that she couldn’t leave because she was the Chairperson of DBAC,
therefore she needed to be part of the committee receiving the consultant’s report.
• After the presentation by the consultant, DBAC members left to allow DBEC to evaluate the
tender and to receive the tender files.
• After DBEC has sat, Mr. Mtshabe, the Director of Security, took leave of absence for three to
four days.
• The report of DBEC was tabled at DBAC towards the end of September 2019.
• When DBEC’s report was tabled at DBAC, few companies were removed from the consultant’s
report of which the consultant recommended those companies.
• DBAC members then requested the chairperson of the DBEC to come to the DBAC meeting
to explain the reasons for the elimination of these companies, and to bring along their tender
files.
• DBAC members wanted to get assurance that the reasons for the elimination of those
companies were valid.
• Each DBAC member went through the security tender files and confirmed that indeed some of
the documents were not included in the tender files.
• DBAC then agreed with DBEC on the elimination of these few companies.
• On 30 September 2019, there was a departmental Strategic Lekgotla in Rustenburg, Orion
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12
investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

Hotel, until 04 October 2019.

• The DBAC report was submitted on 30 September 2019 by DBAC secretariat in Rustenburg
for her (Ms Maleka) recommendation (signature) to Ms Hunter to approve the report.
• Ms Hunter made some few corrections on the report, and asked secretariat to go back to
Mahikeng and correct the report.
• CFO as a DBAC Chairperson then informed Ms Hunter that 30 September 2019 was the last
day of the extended validity period, and the implications were that the tender would have to be
cancelled and re-advertised. Administrator ignored the advice of CFO.
• Secretariat of DBAC then went back to Mahikeng to correct the report and came back on 01
October 2019. (post expiry)
• Ms Hunter then instructed her (Ms Maleka) to backdate the report to 30 September 2019.
• The report that they signed did not have award letters of winning bidders.
• On 20 November 2019, she received a What’s up App message from Mr. Mtsabe( Director
Security Services) indicating that the prices on the award letters were not in line with Bid prices.
• To her surprise, she could not understand how that could have been possible because he (Mr.
Mtsabe) was the one who drafted the SLAs and award letter to the security companies as
instructed by Ms Hunter.
• He has ample time to verify the prices on the letters, SLA, with the Bid/tender documents, as
he was the custodian of those documents.
• The handing over ceremony was attended by Ms Hunter, Chief Director: Corporate Services
and Director Security.
• She later learnt that the award letters were drafted by the DBAC secretariat and collected by
Mr. de Buin (Deputy Director: Security) and he took those award letters to Ms Hunter for
approval without following internal processes.
• When Ms Hunter came to the department, she issued an instruction that all submissions to her
for approval must contain the CFO’s signature (recommendation).
• However, Ms Hunter signed the award letters without her recommendation.
• She is now blaming her for dereliction of duty and negligence, and she is not taking any
responsibility and accountability as the Accounting Officer.
• She is the last line of defence/internal controls and she cannot sign/approve any document
without verifying that the information contained in the document is correct and factual.

This report is for internal use only and the contents thereof may not be divulged to external parties 13
 investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

• There is another instance where Ms Hunter signed security without her

signature/recommendation.
• In the initial submission, she did not recommend that Ms Hunter could approve, however Mr.
Mtshabe then removed her from a list of signatories and submitted the documents to Ms Hunter
for approval.
• The document was signed by him, Chief Director: Corporate Services and Ms Hunter without
any finance official even though there were financial implications.
• Mr. Mtshabe then tried to process the payments; she questioned him after becoming aware.
• The payment was shelved from July 2019 until July 2020 when it was paid during her
suspension.
• On the day, she was suspended, Ms Hunter indicated that, “if it was not you (Ms Maleka), it
will be me (Ms Hunter) who is suspended”.
• She insists that she did not receive any award letters from DBAC secretariat, nor did she submit
any letters of award to Ms Hunter for approval.
• She said that an Administrator cannot be a player and referee at the same time.

iv. Ms Boitumelo Gladness Molamu: DBAC Secretary

She stated the following through interview and affidavit (Annexure)

• The security tender (NWDOH 44/2019) was advertised on the e-tender website.
• The consultant was appointed to evaluate the tender. (Bhalizo Consulting)
• There was a joint meeting between DBEC and DBAC wherein the consultant presented the
report.
• The tender was evaluated for two days by DBEC.
• Normally after the DBEC meeting, the Secretariat will send the electronic and hard copy report
to DBAC secretariat and this was not done.
• The report was with DBEC Chairperson (Director Security Services) and was on leave for a
week.
• There was a special meeting for DBAC in September 2019, however there was no report from
DBEC.
This report is for internal use only and the contents thereof may not be divulged to external parties
14
 investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

• The Chairperson of DBEC, Mr. Mtsabe was called to submit the report to the DBAC meeting
and he submitted signed hard copies for DBAC members.
• During the DBAC meeting, the committee found out that there were three (3) companies that
were eliminated by DBEC from the consultant’s report.
• The DBEC Chairperson was requested to submit the original bid documents of the three (3)
companies.
• DBAC then approved the report and made recommendations to Ms Hunter.
• She received draft letters for the consultant and put them on the appropriate departmental
letterhead.
• These letters were given to Mr. H de Bruin for processing.
• The letters were returned to her from the Administrator’s office signed.
• On receipt of the letters, she distributed them to the relevant winning bidders, security office
and SCM.
• She was informed by Mr. H de Bruin that in the signed letters, the figures and site allocations
were incorrect.
• Mr. H de Bruin corrected the letters and took them to the administrator for her signature and
he then sent them to the service providers and gave copies to her (Secretory).

v. Mr. H de Bruin: Deputy Director Security Services.

• A meet was held with the deputy director security in order to interview and acquire the information
regarding the subject matter, however he indicated that as per instruction of the Administrator he
is not allowed to provide any information. He further indicated that he did not understand why the
issue of this security tender is still an issue while there is a judgement to stop and re- advertise
the tender

This report is for internal use only and the contents thereof may not be divulged to external parties 15
investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

v. FINDINGS

For ease of reference we have set out our findings under the following:

• The Security Bid number NWDOH 44/2019 was advertised on 04 April 2019 on the National
Treasury website.
• The briefing session was held on 24 April 2019 and the bid closing date was 23 May 2019.
• The officials responsible for the bid are Dr. Madipou Tlhogane, (Chief Director: Coporate
Services), Mr. Luvuyo Mtsabe (Director: Security) and Mr. Hennie de Bruin (Security Sub-
Programme Manager).
• The 90 days bid validity for the security bid expired on 22 August 2019 without the responsible
managers having nominated the adhoc bid evaluation committees despite several reminders.
• However, the he signed a letter which was sent to bidders to extend validity up to 30 September
2020 with the hope that the award shall have been long finalised by that time.
• The general bid process once the DBAC has done its work is as follows:
o After the DBAC has done its work, its report with recommendations came to the
Accounting officer for approval and award.
o After the bid approval and award, every bid submission goes back to the DBAC
Chairperson and Secretariat appointed in terms of the PFMA SCM prescripts to draft
letters.
o In drafting accurate letters, the DBAC Secretariat must draft letters in accordance with
approval granted by the Accounting Officer in the Bid Adjudication File.
o The Secretariat must have all bid documents for successful bidders and must ensure
that the prices in the draft award letter always correspond with the bid price in the bid
document of the approved bidder.
o Then the Bid Adjudication Secretariat submits the DBAC report approved by the
Accounting Officer, together with draft letters of award accompanied by the bid
document of each bidder approved to the Accounting Officer to perform his/her fiduciary
duties.
o The Accounting Officer has a fudiciary duty to go through the Bod Evaluation and
Adjudication reports to thoroughly check each of the bid documents of companies
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16
investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

approved for the award and satisfy him/herself that there are no discrepancies in the
award letters and what is quoted in the bid documentation.
• Ms Hunter only appointed the adhoc DBEC around 03 September 2019 and the evaluation
took place around 12-13 September 2019.
• Immediately after the meeting of the DBEC, Messrs Mtsabe and de Bruin were not in the office
for about three to four days, hence he finalisation of the bid evaluation process was delayed.
• There is information the two gentlemen who are also of adhoc DBEC have, with full knowledge
of Ms Hunter and Dr. Tlhogane met with some companies recommended by the Security
consultants in Pretoria to negotiate payments. Further, he continues, some companies that did
not agree with their (Messrs Mtsabe and de Bruin) negotiations terms were either removed or
not recommended for sites.
• The most probable reasons why both the Ms Hunter and Mr. Sambatha, the MEC, have not
taken steps against these officials is because they may be having an indirect stake and may
most probably be unwritten directors of some successful bidders in the present security tender.
• The Security tender was worth around R900 million and North West Provincial Treasury SCM
Instruction Note 3 of 201/19: Pre-Auditing of SCM Process of Bids above R10 million (Including
all applicable taxes before the award of contract Ref 6/1/P Effective from 01 April 2019 provides
as follows:
“5.1 Contracts above the value of R10 million (all applicable taxes included may only be
awarded with the concurrence by the Provincial Treasury…)
• The NWDOH did not comply with above prescripts and the award could not be brought to
Treasury for pre-audit because it was evaluated late.
• The department held a Lekgotla in Rustenburg from 30 September 2019 where Ms Hunter and
Mr. Mtsabe insisted that award letter be urgently written as they intend having the signing of
Service Level Agreements the following week.
• Letters were prepared by DBAC secretariat in Mahikeng and the Security Management did not
avail bidders’ bid documentation for comparison of prices as they locked them in their safes.
• The letters were signed around the 01 or 02 October but backdated to 30 September, which is
the last day of 120 days, therefore they were signed outside of the 120 days.
• Some of the unsuccessful bidders lodged a court case against NWDOH and successful bidders
because of lack of due diligence and dereliction of duty by Ms Hunter and the DBED.

This report is for internal use only and the contents thereof may not be divulged to external parties 17
investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

• NWDOH did not oppose nor defend the court action and the judgement was issued on 31 July
2020.

Medical Waste Tender (NWDOH 270/2019)

• The Medical Waste Tender (NWDOH 270/2019) was also above R10 million therefore it was
also supposed to brought to the attention of the Provincial Treasury for pre-auditing, but it
wasn’t because it was also evaluated very late after 90 days validity expiry period.
• She also approved it in the first week of October 2019 and backdated it to 30 September 2019.

Rakoma Forensic Report Findings

• Since 2018, he has complained to the MEC, Mr. Sambatha, Ms Hunter, and Dr. Tlhogane
about lack of consequence management and non-implementation of the Rakoma Forensic
Report findings handed to the NWDOH in July 2018 which proved:
o Delinquencies/irregular conduct on the part of Mr. Hendrik Botha who was unilaterally
and unprocedurally transferred to SCM for political reasons around 2014.
o Irregularities and inflation of prices in the procurement of health technology equipment
involving Mr. Hendrik Botha and Mr. Odirile Khonkhobe
o Mysterious disappearance of and unaccounted five newly purchased ambulances.
• He also raised concerns about the forensic reports of previous years which were not
implemented including High Court judgement regarding Lefetlho trading where high court ruled
against a company of NWDOH Assistant Director: Internal Control, Mr. Hendrik Botha, who
was doing business with NWDOH at Bophelong Psychiatric Hospital.

• There is allegation that Ms Hunter signed the approval of the awards for both NWDOH Bid
44/2019 and 270/2019 after the expiry of the validity date but backdated them to 30 September
2019.
• There are allegations that Ms Hunter violated her own directives, that any submission which has
financial implications must first be approved by the CFO before she can sign it.
• High Court judgement found that there were irregularities in the awarding of NWDOH 44/2019 at

This report is for internal use only and the contents thereof may not be divulged to external parties
18
investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

the time when Ms Hunter was the Accounting Officer.

• The Court judgement stated that tender be stopped and readvertised within six months, was not
reviewed
• The Auditor -General found the tender processes been irregular.
• The Administrator, Ms Hunter, as the Accounting Officer, signed the initial letters to the
winning bidders without ascertaining their accuracy and correctness.
• Three officials have been suspended and are currently facing disciplinary action relating to their
role in the awarding of Bid No. NWDOH 44/2019.
• The submission for Security adjustment tariffs which was rejected by the CFO last year on JULY,
was approved after her suspension.
• The Administrator, Head Corporate Services, Director and Deputy-Director Security Services
played a role on the awarding of these tender, however they are not on suspension.

A and B Code of conduct of Public Service Act and Regulation

C.3 RELATIONSHIP AMONG EMPLOYEES

An employee —

C.3.1 co-operates fully with other employees to advance the public interest;

C.3.2 executes all reasonable instructions by persons officially assigned to give them, provided
these are not contrary to the provisions of the Constitution and/or any other law;

C.3.3 refrains from favouring relatives and friends in work-related activities and never abuses his
or her authority or influences another employee, nor is influenced to abuse his or her
authority;

C.3.4 uses the appropriate channels to air his or her grievances or to direct representations;

C.3.5 is committed to the optimal development, motivation and utilisation of his or her staff and
the promotion of sound labour and interpersonal relations;

C.3.6 deals fairly, professionally and equitably with other employees, irrespective of race, gender,
ethnic or social origin, colour, sexual orientation, age, disability, religion, political
persuasion, conscience, belief, culture or language; and

This report is for internal use only and the contents thereof may not be divulged to external parties 19
investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

C.3.7 refrains from party political activities in the workplace.

C.4 PERFORMANCE OF DUTIES

An employee —

C.4.1. strives to achieve the objectives of his or her institution cost-effectively and in the public’s interest;
C.4.2. executes his or her duties in a professional and competent manner
C.4.3. does not engage in any transaction or action that is in conflict with or infringes on the execution of his
or her official duties
C.4.4. will recue himself or herself from any official action or decision-making process which may result in
improper personal gain, and this should be properly declared by the employee
C.4.5. is honest and accountable in dealing with public funds and uses the Public service’s property and
other resources effectively, efficiently, and only for authorised official purposes;
C.4.6. gives honest and impartial advice, based on all available relevant information, to
higher authority when asked for assistance of this kind; and;
C.4.7. honours the confidentiality of matters, documents and discussions, classified or
implied as being confidential or secret ;

VI CONCLUSIONS

5.1 My conclusion was based on the persons consulted and document received.

5.1.1. Ms J Hunter is conflicted in this matter as she signed initial letters to the service providers without
exercising due diligence to ascertain whether the letters are accurate and correct.

5.1.2. Bokone Bophirima have valid reasons to request the investigation be initiated against Ms Hunter in
her role she played in the awarding of Bid No. NWDOH 44/2019 after the expire of 120 days.

5.1.3. The suspension of the CFO and Dr Makhubu should be withdrawn as they never played any role of
the awarding of the tender for physical security services.

This report is for internal use only and the contents thereof may not be divulged to external parties
20
investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

5.1.3. The suspension of Ms Boitumelo Gladness Molamu: DBAC Secretary should continue and appear
to disciplinary process
5.1.4. The fact that there is a court judgement against the North west health department and The Auditor-
General findings does not exonerate the Accounting officer for acting irregular.
5.1.5. The Head corporate, Director and Deputy-Director: Security services they must be suspended and
be investigated.
5.1.6. The current investigator and disciplinary chairperson appointed by the Administrator must be
disbanded with immediate effect.
5.1.6. The Minister must intervene by appointing a neutral investigator and chairperson of the disciplinary
hearing.
5.1.7. To sensitize the Minister about the court Judgement with regard to the re-advertisement of the
Physical Security Tender (Two months left for the re- advertisement).

5.1.8. I therefore conclude that the Minister disregard all the process already undertaken by the
Administrator and implement: Court judgement, Rakoma Forensic Findings and Auditor-General
findings.

RECOMMENDATIONS

6.1 Based on the findings and conclusions i hereby recommend the following:

6.1.1. To take note of the contents of this investigation report, findings and the conclusion of this
investigation.

6.1.2. I therefore recommend that Ms J. Hunter must be investigated on her role in the awarding of the
irregular tender and other processes that she undertook.

ADV. MT NGAKE
CHIEF DIRECTOR: HEALTH SECTOR BARGAINING
DATE:

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investigation into the allegations and/or complaints lodged by north west province: the bokone bophirima business forum and

employees of provincial department of health by administrator regarding the awarding of physical security tender bid number

(nwdoh 44/2019), and unfair suspension.

APPROVED OR NOT APPROVED/ AMENDED

DR. SSS BUTHELEZI

DIRECTOR-GENERAL FOR HEALTH
DATE:

This report is for internal use only and the contents thereof may not be divulged to external parties
22