By Kaya 959 News
Five people, including senior officials in the Eastern Cape Department and a businessman, have appeared in court in connection with a multi-million rand tender deal.
Noxolo Valencia Gwarube, Mthunywa Lawrence Ngonzo, Raymond Tywakadi, Tyronne Fourie and Johannes Hermanus Bouwer Smith face charges of corruption, fraud, attempted fraud, theft and contravention of the Public Finance Management Act over a R59 million IT tender.
National Prosecuting Authority spokesperson, Sipho Ngwema, said the ECDoE decided to centralise the supply of supplementary resource material (SRM), mainly IT equipment and photocopiers, and this meant that schools no longer procured SRM themselves but through the department.
“It is alleged that Gwarube, Ngonzo and Fourie decided that the LTSM Unit would procure SRM, specifically IT including photocopiers, during the 2014-2015 financial year despite the fact that the LTSM Unit had not budgeted for such procurement,” he said.
He said this was allegedly done under the pretense that schools were adequately resourced with textbooks, the message internally was that 80% of the textbook budget would be shifted and utilised for the procurement of SRM.
There was no budget allocated for SRM and it was decided that the textbook budget would be used to cater for the procurement of SRM.
Ngwema said generally, any shift of funds within the budget of the ECDoE would have required a report to seek approval from National Treasury for the shifting of funds to be utilised.
“The state contends that their intention was from the outset to ignore the legislated imperative that such goods had to be procured through SITA and/or relevant specified contracts,” he said.
Ngwena said they also disregarded their duty to comply with the provisions of the PFMA and to ensure that the procurement of said goods had to be fair, equitable, transparent, competitive and cost effective; and Gwarube was in charge of the LTSM project.
READ: Concerns raised over the state of Gauteng schools
Gwarube never applied for the budget to be shifted. Ngonzo, the SG at the time, was aware of the budget split but failed to ratify the intended budget split and nothing was reported to Treasury.
Siegesmund supplied R59 million worth of IT equipment and Fourie signed off the request as if it was for books in order to access the books budget.
None of the procurement protocols were followed to appoint Siegesmund as a supplier. Siegesmund was not registered on the database of registered suppliers of the ECDoE and it had very little or no experience or expertise in the supply of IT goods and services.
It was merely used as a vehicle to run the business of supplying IT equipment to the ECDoE in anticipation of being awarded the contract by the ECDoE.
It is alleged a generally corrupt relationship came into existence resulting in Gwarube accepted “gifts” like 26 laptop computers of which two were for personal benefit; a cell phone, Samsung Galaxy mini S4, for the personal benefit; an agreement to accept payment of the amount of R 120 486 from Border Conference Centre into an account under the control of Spectra, an account owned by Siegesmund.
The matter was postponed to 8 July 2021 for copies of the docket and to allow for Tywakadi’s legal representative to be confirmed. They were granted R5000 each.
The world of business is simplified for you by Kaya Biz with Gugulethu Mfuphi. This fast-paced award-winning business show talks to the corporate giants as well as up and coming entrepreneurs about their wins and challenges. Gugulethu invites guests to offer their analyses of markets and economies, and also delves into issues of personal financial wellness. Kaya Biz airs Mondays to Thursdays 18h00 to 19h00.
close
Point of View with Phemelo Motene delves into the day’s current affairs, touches on real issues that affect people’s daily lives and shares expert advice on questions posed by the audience. Mondays to Thursdays 20:00 to 22:00.
close
He has held it down in the world of mid-morning radio with the best music, riveting topics, brilliant mixes and interesting guests. Every weekday, The Best T proves why he is the BEST by connecting to you like only your bro or favourite uncle could. He lets his listeners dictate the songs they want to hear in the ever-popular Top 10 at 10, and his Three Teaspoons never run out. Catch The Best T in the City Mondays to Fridays from 09h00 to 12h00.
close
Feel good about feeling good! That's exactly what The Feel-Good show is about. An escape from the negativity that surrounds us, indulging you in good feels. Pass it on to one and all. Spread the good feeling around Gauteng with Andy Maqondwana.
close
THIS PRIVACY STATEMENT FORMS PART OF KAYA 959’S TERMS OF USE POLICY. IF YOU DO NOT AGREE WITH ANY TERM OF THIS PRIVACY STATEMENT, YOU MUST CEASE YOUR ACCESS OF THIS WEBSITE IMMEDIATELY.
POPIA Act – To promote the protection of personal information processed by public and private bodies; to introduce certain conditions so as to establish minimum requirements for the processing of personal information; to provide for the establishment of an Information Regulator to exercise certain powers and to perform certain duties and functions in terms of this Act and the Promotion of Access to Information Act, 2000; to provide for the issuing of codes of conduct; to provide for the rights of persons regarding unsolicited electronic communications and automated decision making; to regulate the flow of personal information across the borders of the Republic; and to provide for matters connected therewith.
RECOGNISING THAT—
AND BEARING IN MIND THAT—
AND IN ORDER TO—
1.1.“Personal Information” means information relating to an identifiable, living, natural person and where it is applicable, identifiable, existing juristic person, including all information as defined in the Protection of Personal Information Act 4 of 2013.
1.2 Parliament assented to POPIA on 19 November 2013. The commencement date of section 1, Part A of Chapter 5, section 112 and section 113 was 11 April 2014. The commencement date of the other sections was 1 July 2020 (with the exception of section 110 and 114(4). The President of South Africa has proclaimed the POPI commencement date to be 1 July 2020.
1.3. “Processing” means the creation, generation, communication, storage, destruction of personal information as more fully defined in the Protection of Personal Information Act 4 of 2013.
1.4. “You” or the “user” means any person who accesses and browses this website for any purpose.
1.4. “Website” means the website of the KAYA 959 at URL www.kaya959.co.za or such other URL as KAYA 959 may choose from time to time.
2.1. KAYA 959 respects your privacy. This privacy policy statement sets out KAYA 959’s information gathering and dissemination practices in respect of the Website.
2.2. This Privacy Policy governs the processing of personal information provided to KAYA 959 through your use of the Website.
2.3. Please note that, due to legal and other developments, KAYA 959 may amend these terms and conditions from time to time.
3.1. By providing your personal information to KAYA 959 you acknowledge that it has been collected directly from you and consent to its processing by KAYA 959.
3.2. Where you submit Personal Information (such as name, address, telephone number and email address) via the website (e.g. through completing any online form) the following principles are observed in the processing of that information:
3.2.1. KAYA 959 will only collect personal information for a purpose consistent with the purpose for which it is required. The specific purpose for which information is
collected will be apparent from the context in which it is requested.
3.2.2. KAYA 959 will only process personal information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed.
3.2.3. Personal information will only be processed for a purpose compatible with that for which it was collected, unless you have agreed to an alternative purpose in writing or KAYA 959 is permitted in terms of national legislation of general application dealing primarily with the protection of personal information.
3.2.4. KAYA 959 will keep records of all personal Information collected and the specific purpose for which it was collected for a period of 1 (one) year from the date on which it was last used.
3.2.5. KAYA 959 will not disclose any personal information relating to you to any third party unless your prior written agreement is obtained or KAYA 959 is required to do so by law.
3.2.6. If personal information is released with your consent KAYA 959 will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of 1 (one) year from the date on which it was last used.
3.2.7. KAYA 959 will destroy or delete any personal information that is no longer needed by KAYA 959 for the purpose it was initially collected, or subsequently processed.
3.3. Note that, as permitted by the Electronic Communications and Transactions Act 25 of 2002, KAYA 959 may use personal information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
4.1. KAYA 959 may use standard technology to collect information about the use of this website. This technology is not able to identify individual users but simply allows KAYA 959 to collect statistics.
4.2. KAYA 959 may utilise temporary or session cookies to keep track of users’ browsing habits. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this website and facilitate user convenience.
4.2.1. Cookies by themselves will not be used to identify users personally but may be used to compile identified statistics relating to use of services offered or to provide KAYA 959 with feedback on the performance of this website.
4.2.2. The following classes of information may be collected in respect of users who have enabled cookies:
4.2.2.1. The browser software used;
4.2.2.2. IP address;
4.2.2.3. Date and time of activities while visiting the website;
4.2.2.4. URLs of internal pages visited; and
4.2.2.5. referrers.
4.3. If you do not wish cookies to be employed to customize your interaction with this website it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this website may not be available.
5.1. KAYA 959 takes reasonable measures to ensure the security and integrity of information submitted to or collected by this website, but cannot under any circumstances be held liable for any loss or other damage sustained by you as a result of unlawful access to or dissemination of any personal information by a third party.
6.1. KAYA 959 has no control over and accepts no responsibility for the privacy practices of any third party websites to which hyperlinks may have been provided and KAYA 959 strongly recommends that you review the privacy policy of any website you visit before using it further.
7.1. If you have any queries about this privacy policy please contact us by emailing [email protected]
