unitebehind.org.za · fa48\r18.75\r9 december 2010\rbec meeting attendance register....
TRANSCRIPT
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FA1 Judgment
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FA2
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13.12 The ConCourt says that PAJA is not applicable where a state organ seeks to review its own decision, which means that FA1 is mistaken, and PRASA can resinstiture the review on the principle of legality.
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legal framework
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procurement framework
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FA3 Delegation of authority
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Main object of PRASA's business
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The minister's support is needed for extraordinary transactions, and for decisions that fall outside SATSA and the shareholder compact
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FA4 Board charter, which details the board's responsibilities
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GCEO's max authority for capital and strategic investment is R100m per investment (as long as budget and SCM and other conditions set by board were met)
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15.14 Main responsibilities of the board
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15.15 Amounts in excess of R100m must be approved by the board
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FA5 Terms of Reference for the Finance, Capital Investment and Procurement Committee (FCIP), which assists the board in discharging its responsibilities
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FA6 16.2 23 February 2009 Revision to the procurement policy
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16 The Procurement policy
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FA7 16.6.5 Mbatha internal memo confirming that competitive bidding process needed for all tenders over 350k
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16.6.8 "The BAC function was sometimes performed by the CTPC"
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16.6.14 CTPC definition of role
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17.5 The extension of the pilot project commenced with Mr Gantsho, without the knowledge of Mr vd Walt
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FA8 17.6 22 February 2010 Mr Gantsho's email to Lucky Montana regarding the gates - includes an attached report in which Siyangena's gates are shown to be crap
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FA9 17.7 24 February 2010 Erica Khumalo on behalf of Gantsho writes to Montana Gantsho requests that Siyangena is appointed to install gates in all the remaining 2010 stations
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FA 10 17.8 15 March 2010 Gantsho email to Montana stating that he is proceeding with the speed gates and CCTV installation
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FA11 17.10 16 March 2010 Siphokazi Vanda (Montana's secretary) emails Gantsho about extending Siyangena
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17.10.5 Siyangena say first batch can be delivered by 14 March 2010, total project completion on 4 June 2010
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FA12 17.12 17 March 2010 Siyangena's written proposal to Gantsho to extend tender - access control and cctv in 10 stations including cape town central and langa
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17.13 Siyangena ask that appointment letter issued by 19 March Total tendered amount = ~R91m
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FA13 17.14 17 March 2010 Gantsho letter to PRASA officials, including Piet Sebola, Senior Manager:Projects, asking about Siyangena details, in particular, request for confinement
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FA14 17.16 25 March 2010 Mr Sebola replies to Gantsho's FA13, raising concerns: why quote R90m when R62m was in the motivation, Siyangena's inappropriateness No PSIRA clearance ...
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FA15 17.18 30 March 2010 Gantsho replies to Sebola, to explain difference in price
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FA16 17.19 12 April 2010 GCFO Sindi Mabaso-Koyana email to Mr Sebola Says Intersite would implement the project and thus Sebola would no longer be involved
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FA 17 and FA 18 17.20 Proof of Gantsho's continued involvement as shown by email correspondence after 12 April 2010 (working for PRASA cres on behalf of intersite)
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FA19 17.21 24 April 2010 Mr Sindane addresses report to Khulu Mchuba, GM of procurement at Intersite - requests extension of existing contract with Siyangena
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"Mr Sindance was either unaware or did not appreciate that no contract existed between intersite and siyangena. as stated above, siyangena was a subcontractor and accordingly, there was no contract that could be extended."
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FA 20 17.23 28 April 2010 Mchuba replies to Sindane Says he cannot grant the approval
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FA21 17.24 30 April 2010 Sindane email Mr Camane, executive manager: side projects at intersite attaches amended motivation report - request for intersite assistance deleted
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FA22 17.25 30 April 2010 Letter of appointment. Intersite appoints Siyangena for 5 additional stations at R61m - says formal contract to come (which never came). Signed by Cromet Molepo, the CEO of Intersite
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FA23 18.2 28 October 2010 Boss Opportunity 2 Chris Metelerkamp (marketing director of ESS) to Mario Ferreira
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FA24 18.3 30 October 2010 Ferreira to Gantsho Design and bill of Athlone and Heideveld stationx
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Ferreira - "Can we extend current contract?"
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18.5 Procurement policy prohibits unsolicited bids
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18.6 NB The scale of the extension: 62 stations for ~R2bn with a cost per station=R31.5m (cps was R2.5m, then R12.4m)
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FA25 18.9 Dries vd Walt confirms that no investigation was done to see if ISAMS were efficient or cost effective
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18.12 Investment procedure - how things should go
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FA26 18.13 2010/2011 MTEF, which contains no reference to ISAMS
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FA27 18.14 2011/2012 MTEF, apportioning R317m over 3 years
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FA28 18.15 National Treasury Guidelines - define this as a 'mega-project'
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FA28.1 18.16 Brian Alexander's confirmatory affidavit that no evidence of compliance has been found
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History of access control AAFC= automated access control and fare collection system
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ISAMS definition
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18.24 Despite the installation of ISAMS, stations are still not equipped
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18.27 Examples of the inefficiencies and inadequacies (a needs assessment and properly constituted CFSC would have avoided)
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FA25 18.29 Mr vd Walt's confirmatory affidavit, attesting to the facts in 18.28, that Siyangena sold us shit
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18.30 Railcom specifid, even though it's outdated
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18.30.3 Dallmeier specified even though it's waaaaaay expensive
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18.30.4 Not only are they expensive, but they suck
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18.30.5 Babylon access control system, manufactured by Autec - also crap and expensive and made by foreigners
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18.30.6 There are cheaper and better South African systems
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FA28.2 18.31 Anton Adlam (engineer) affirm's 18.30; Siyangena ripped us off
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18.32 No consultation, no CFSC. SCM and CPO failed.
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FA29 18.33 20 October 2010 Chris Mbatha, Group CPO, emails Mr Mchuba and Gantsho. Requests all info and specifications on 2010 stations, and info on phase 2
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FA30 18.34 22 October 2010 Gantsho replies to Mbatha Appears to lie
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Re: 18.34 Gantsho talks to a non-existent business case
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FA 31 and FA32 Affidavits from Mr Manaka and Ms Moerane regarding Ngoye interview with Gantsho
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18.37 Time constraints could not apply to phase 1 tender which began in June 2011
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18.39 Decision to use pilot project extension as basis of 62 station extension was irrational (no procurement process)
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In which non-compliance with regualtions in expanded
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FA33 18.49 4 November 2010 Matshidiso Mosholi, manager at procurement, emailed Siyangena, @ [email protected] inviting them to a closed briefing session on 8 November, with an attached invitation letter was also sent to 5 other companies
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FA34 18.51 5 November 2010 Jose De Oliveira (tech director at Siyangena) replies P Reddy and C Metelerkamp set to attend 8 Nov Meeting
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FA35 18.52 5 November 2010 Change of time of briefing
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FA36 18.55 Ms Mosholi confirmatory affidavit
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FA37 Mduli confirmatory affidavit
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FA38 18.58 9 November 2010 Maryna Lottriet from Protea Coin emails Ms Mosholi
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FA39 18.59 9 November 2010 Ms Mosholi email and attachment to attendees (tech specs)
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FA40.1, FA40.2, FA40.3, FA40.4, and FA40.5 18.60 9 November 2010 Emails - Metelerkamp complains about the documents. Mosholi sends complaints to Gantsho
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FA41 18.61 10 November 2010 Mosholi sends draft SARCC specs to invitees "for reference purposes"
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FA40.2 18.63 Specs for Integrated Communications System (ICS)
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FA42 18.64 10 November Mosholi responds to invitees, saying specs of ICS irrelevant
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FA43 18.65 Email from Reddy about ICS specs
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FA44 18.66 11 November 2010 Gantsho replies to Reddy's email via Mosholi, sending ICS specs
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FA45 18.69 11 November 2010 Mosholi sends revised docs to invitees
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FA46 18.70 12 November 2010 Protea Coin asks for extension - refused 15 November 2010 Mosholi asks Gantsho about another extension after a company called - call was from Metelerkamp of Siyangena
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FA47 18.72 Extracts from Siyangena's tender
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FA49 18.75 23 November 2010 BEC members appointed by Mbatha to evaluate phase 1: Mbatha Michael Baloyi Maishe Bopape (chair) Albert Mdluli (secretary of BEC) Sydney Khuzwayo Jabulani Sindane
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FA48 18.75 9 December 2010 BEC meeting attendance register
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FA49 18.76 10 December 2010 Sindine emails other BEC members with attachments (sends organogram of recommended equipment listing specific brands) Provides tender evaluation criteria
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FA50 18.81 15 December 2010 Draft minutes of BEC meeting of 13 and 14 December emailed
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FA51 18.82 21 December 2010 Mdluli sends final minutes to BEC
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FA52 18.83 Alternative minutes of BEC, made by Mr Swanepoel
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Gantso attends BEC meeting that he's not supposed to be at; not noted on register or in minutes
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FA54 and FA55 18.91 Confirmatory affidavits from Khuzwayo, Gobetz, and Dingiswayo
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FA56 18.97 21 December 2010 Bopape sends amendments to supplemented minutes
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18.104 Supplemented minutes add that Siyangena fulfilled all technical requirement, even though the technical requirements of the bid weren't specified
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18.105 "the decision [to appoint Siyangena] was unlawful"
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FA57 and FA58 18.108 31 January 2011 document created by Mbatha Sent by Mbatha to Mdluli on 14 February 2011 Price evaluation docs (that the BEC did not use)
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18.114 No B-BBEE certificate in Siyangena's bid
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Breakdown of how the criteria should have rationally been applied to companies using alternative ratings
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FA59 18.117 24 December 2010 Mbatha emails Gantsho and the BEC advising that the BEC's Siyangena recommendation had been rejected by Lucky Montana
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18.120 CTPC - what it did and could do
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Reasons or record of Montana's rejection not found anywhere
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FA60 18.121 Donald Swanepoel, secretary of CTPC, emails members of CTPC to postpone meeting set for 7 February 2011 to 14 February 2011
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FA61 18.122 11 February 2011 D Swanepoel emails CTPC members with attachments incl. agenda
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11 February 2011 18.123 Bopape emails Mdluli, with 'evaluation matrix for ICS tender' attached
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18.124 CTPC meeting 14 February 2011 Attended by: Tara Ngubane Mbatha Tiro Holele Ernst Swanepoel Daniel Mthimkhulu Donald Swanepoel all of CTPC and Michael Baloyi in attendance
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FA63, FA64, FA65 Confirmatory affidavits from: Holele D Swanepoel E Swanepoel
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FA66 18.125.1 9 February 2011 Email from Mdluli to Connie Monkwe, secretary to Mbatha with draft report, with CPO's recommendation of Siyangena
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See FA52
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FA67 18.125.3 11 February 2011 Mdluli emails Mbatha with new version of report
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FA68 18.125.5 11 February 2011 Mdluli emails Mbatha yet another version, called "SUBMISSION FOR ADJUDICATION"
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FA69 18.125.5 14 February 2011 Updated report sent by Mdluli to Connie Monkwe
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18.125.7 No list of stations provided BUT Siyangena has a list of stations....
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FA70 18.126 14 February 2011 Mdluli emails Ms Monkwe another versions
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FA71 18.127 15 Febraury D Swanepoel prepares minutes from CTPC meeting
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FA72 18.128 17 February 2011 CTPC minutes emailed to members, with no reply
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FA74 18.129 Transcript of audio recording of CTPC meeting
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FA73 18.129 Certificate of authentication of minutes
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18.130 CTPC list of issues with tender
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FA75 18.133 Purported minutes signed by Ngubane and Swanepoel, used in place of those that reflected reality
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FA76 18.139 Correspondence between Ngubane and Dingiswayo about Ngubane helping with the investigation
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FA77 18.142 15 February 2011 Gantsho emails Mbatha to critique documents
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FA78 18.143 NB 15 February 2011 Report mailed by Mbatha to Khuzwayo - supposedly a recommendation to FCIP Mbatha wasn't planning on implementing CTPC resolution
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FA79 18.144 15 February 2011 NB Mbatha emails Montana the report - v suspicious content incl. 5 year payment plan
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FA80 18.146 15 February 2011 Mbatha emails Montana and Ngubane
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FA81 18.151 17 February 2011 Minutes of FCIP meeting attending: Bernard Boshielo Montana Bridgette Gasa the CTPC Mbatha Piet Sebola Tumi Mohube
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FA81.1 18.151 Sebola's confirmatory affidavit
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FA82 18.155 Documents presented to the FCIP
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FA83.1 and FA83.2 18.156 16 February 2011 Emails and reports for FCIP meeting FA83.1 Mbatha requests Khuzwayo to remove references to number of stations
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FA83.2 18.156.7 Email from Mosholi to Monkwe
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FA84 18.157 17 February 2011 Mbatha emails Montana, with letter from Monkwe attached
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FA85 18.165 Report recommending Siyangena to BoC, given to the FCIP
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18.170 Mbatha's suspicious amendments
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FA86 18.179 28 February 2011 BoC meets Signed board minutes resolving to appoint Siyangena as preferred bidder, prepared by Mohube
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FA87 18.180 Board resolution that Siyangena be appointed as preferred bidder for R1.959bn
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FA88 18.181 Marissa Moore of National Treasury confirmatory affidavit in which she affirms that no discussion about Siyangena was actually had during the board meeting
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FA89 18.182 28 March 2011 Minutes of special meeting of the board in which Siyangena was not discussed
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FA90 18.184 Email exchange with Mohube
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FA91 18.185 8 March 2011 Email from Mdluli to Mbatha including draft notice Proof of no true resolution
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FA92 18.186 8 March 2011 Mbatha sends notice to proceed with phase 1 tender to Siyangena
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FA93 18.187 12 April 2011 Mosholi writes to unsuccessful phase 1 bidders
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FA94 and FA95 18.190 Letters to treasury and minister of transport PFMA contravened
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FA96 18.191 18 March 2011 Mbatha writes to Siyangena, referring to 15 March meeting with Mario Ferreira, noting that R250m deposit, increase to 100 stations, equipment list with values. Disagreement on warranty and allowance for maintenance
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18.193 why such a huge deposit when you don't even know which gear they'll be buying yet?
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18.194 Why the extension from 62 to 100 stations?
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FA97 18.195 28 March 2011 PS Reddy of Siyangena signs the JBCC Principal Building Agreement 31 March 2011 Montana signs the same document
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18.196 NB Full list points on how Siyangena was an irregular appointment
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18.200 NB "JBCC agreement is a sham"
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FA98 18.201 4 April 2011 Mbatha writes to Ferreira
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FA99 18.205 31 March 2011 Invoice submitted by Siyangena
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FA100 18.207 18 March 2011 Supporting documents for the payment of the mobilisation fee, including letters from Mbatha to Ferreira
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FA101 18.208 26 May 2011 Minutes of a meeting concerning ISAMS project
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FA102 18.209 June 2011 Project progress report Indicate the contract was not finalised
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FA103 18.210 August 2011 Project change request moves ISAMS phase 1 from PRASA Cres to SAD
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FA104 18.210 Email to vd Walt handing over project
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FA105 18.210 vd Walt confirmatory affidavit
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FA106 18.217 29 August 2011 Ferreira emails Gantsho NB
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FA107 18.218 22 September (Further evidence that the JBCC agreement was not, in fact, signed in August 2011) Ferreira emails Gantsho
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FA108 18.221 Supporting document pack for invoices from June 2011 to September 2011. Invoinces signed by Gantsho, Montana, and vd Walt on 31 October Invoices have no detail, despite reference to detail in supporting docs.
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18.224 NB "Siyangena only occupied the site on 11 September 2011 and under the JBCC agreement would not have been entitled to payment from June 2011"
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FA109 18.228 November 2011 Extraordinary invoice payment - no support for payment in supporting document pack
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FA110 18.229 13 March 2012 vd Walt emails Siyangena a list of concerns NB
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FA111 18.230 14 March 2012 Ferreira and vd Walt exchange emails
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18.231 26 March 2012 Mbatha memorandum with a lot of confusion
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FA112 18.238 Secelec criticism of Siyangena's phase 1 ISAMS work
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FA113 18.239 Siyangena invoice pack for April and May 2012 - first time a certificate of completion is included
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FA114 18.240 August 2012 Extraordinary invoice payment for R428m of work NB
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FA115 18.245 November 2012 Siyangena invoice Pack of documents
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FA116 18.246 Siyangena invoices for October and November 2012, March 2013 Proof of work unrelated to scope. Montana note: "Why confinement?" But Montana pays anyways NB
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FA117 and FA 118 18.247 August 2013 and December 2013 Payment packs for invoices
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FA119 and FA120 18.248 Purported extracts from bill of quantities BIG discrepancies NB
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FA121 18.248.6 Comparative schedule that sets out the differences between the extract and bills of quantities Total additional amount for ONE station is R6.5m NB
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FA122 18.253 Mbatha recommentation report for extension of phase 1 28 February 2013 Montana approves extension to phase 1 for security at Braamfontein and Wolmerton for R97m Montana lacked the authority to do so. NB
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FA123 18.254 Public protector finds that the allegation that the extension was improper is substantiated
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FA124 18.256 7 November 2012 CH Fourie from Public Protector writes to Montana about complaints about mismanagement
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FA125 18.257 13 November 2012 Montana responds to Public Protector
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FA126 18.259 12 February 2013 Letter from Makhubela Attorneys on behalf of PRASA to Public Protector
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FA127 18.264 14 February 2013 Abongile Madiba, Chief Investigator: Good Governance and Integrity at the Public Protector writes to PRASA, requesting information
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FA128 18.266 18 February 2013 Makhubela Attorneys write to Madiba of Public Protector
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FA129 18.268 20 February 2013 Madiba of Public Protector responds to PRASA
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FA130 18.270 Paul Tjale of Public Protector emails Ephraim Mphahlele No submission to public protector has been made
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18.269 Madiba demands documents by 22 Febraury 2013, threatens to subpoena PRASA chair and CEO
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FA131 18.271 26 March 2013 Thuli Madonsela issues letter about Montana and Sfiso Buthelezi failing to appear before the public protector despite having been subpoenaed
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FA132 18.273 15 March 2013 Montana and Makhubela submit information to Public Protector
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FA133 18.279 4 April 2013 Montana writes to public protector, requests Madonsela sets aside subpoena
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FA134 18.280 4 June 2013 Nkebe Kanyane, Chief Investigator: GGI at the Public Protector issues notice in terms of Section 7(4)(a) of Public Protector Act to Montana, Buthelezi and Zide for outstanding information and documents
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18.281 Montana complains that the public protector's approach has been procedurally unfair
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FA135 18.282 2 July 2013 Public Protector has cause for concern due to lacking information
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FA136 18.283 6 May 2015 K Malunga, then-Acting Public Protector, advises Montana of his final opportunity to engage with investigation team
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FA137 18.284 1 June 2015 Tjale of Public Protector emails that deadlines to respond have lapsed
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18.285 August 2015 Public Protector's report released NB
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19 Phase 2
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FA138 19.2 20 January 2013 Siyangena submit written proposal to extend tender to 161 stations
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FA139 19.4 2013/2014 MTEF "Phase 2 tender commences in 2013 and should have been incorporated in 2013/2014 MTEF... Budget allocation proves that phase 2 tender was not planned, the board were not approached and ISAMS was not a priority"
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FA140 19.11 25 June 2013 Mosholi prepares letter inviting 11 recipients to briefing session: Siyangena Fang SA Fence and Gate Marothi-KgT Fintech Siyenza Bona Wright Protea Coin Omega Gordian
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FA141 19.14 26 June 2013 Reddy of Siyangena replies to FA140 saying company reps will be in attendance
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FA142 19.15 26 June 2013 PRASA issues request for proposal (RFP) tender no HO/FM/CRES/140/06/2013 Tender was for work referred to in Siyangena proposal of January 2013
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FA143 19.16 28 June 2013 PRASA tender briefing in Pretoria All 11 invitees in attendance including Reggie Kisten, Manager at PRASA CRES
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FA144 19.19 Siyangena's phase 2 bid - contract price= R2.2bn
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FA145 19.20 15 July 2013 Mbatha appoints Phungula, Gantsho, Mabona, Kisten and Mosholi as member of a Tender Evaluation Team, equivalent to a BEC
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FA146 19.22 17 July 2013 Attendance register for TET/BEC meeting No record of Lehabe appointment, but evidence of Lehabe attendance
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FA147 19.24 Scoring sheets and combined scoring sheet of BEC/TET members
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19.27 40% of technical evaluation attributed to brand names
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FA148 19.28 19 July 2013 NB Phungula report to CTPC (as BEC Chair), recommends Siyangena for 2.7Bn over 5 years
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FA149 19.32 19 July 2013 Mbatha signs report to FCIP for approval of Siyangena for R2bn over 5 years, signed by Montana
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19.33 22 July 2013 Brigette Gasa, Xolile George, Mawethu Vilana, Lucky Montana, Martha Kotu, as the FCIP, meet. Also in attendance are Mbatha, Sebola, Bopape, Setino, Sonny, Ngubane, Holele
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FA150 19.34 22 July 2013 FCIP minutes
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FA151 19.36 Alternate version of minutes of FA150
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FA152.1 19.38 15 January 2014 Martha Kotu, secretary of FCIP, emails Enos Ngutshane, PRASA's nominated manager Attachment is FA151
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FA152.2 19.38 20 January 2014 Kotu sends minutes to Zide
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FA152.3 19.38 5 May 2014 Zide sends minutes to Montana
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FA153 19.39 Further version of minutes of FA151 and FA152
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FA154 19.40 Further version of minutes of FA151 and FA152 and 153
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19.41- 2 July FA151-FA155.2 The FCIP minutes saga Dr Gasa refuses to sign minutes sent by Kotu
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FA156 19.42 Recommendation report written by Phungula as acting CPO
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19.45 Montana's recommendation exceeded the MTEF by R115m
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FA152 and FA158 19.46 Phungula notices of appointment for Siyangena as preferred bidder and final bidder
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19.47 10 September 2013 notice of appointment as final bidder; acceptance needed by 16 September 2013 - none found
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FA159 19.48 13 September 2013 Phungula issues further notice of appointment for R300m superseding 10 September note
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FA160 19.49 16 September 2013 Mario Ferreira accepts appointment. Excludes Pretoria to Pienaarspoort. Now reflects R295m.
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FA161 and FA162 11 December Montana approves R83m payment (not authorised by board) 20 January 2014 R95m approved
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FA163 19.52 20 September 2013 Phungula issues a letter to all tenderers that the tender will be cancelled
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FA164 19.53 1 October 2013 RFP for phase 2 issued again - closing date 29 October 2013
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FA165 19.55 9 October Tender briefing session for phase 2 attendance register
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FA166 19.56 11 October 2013 Phungula writes to potential bidders about concerns raised in the briefing session
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FA167 and FA168 19.57.2 Confirmation certificates confirming that Dallmeier can only be distributed by Siyangena and the associated entity, ESS in the southern hemisphere
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FA169 19.57.4 Evidence from Autec that Siyangena is one of only 2 authorised partners
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FA170 and FA171 19.57.6 Letter and email confirming that Siyangena was the exclusive Cominfo OEM partner, and that ESS and MASS solutions were the distributors in Africa.
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FA172 19.58 16 October 2013 Lehabe mails prospective phase 2 bidders about further bid queries
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FA173 19.59 25 October 2013 Phungula letter to phase 2 bidders extending closing date from 29 October 2013 to 29 November 2013 - willingness to proceed needed by 30 October
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FA174 and FA175 19.60 28 October 2013 and 31 October 2013 Emails from Siemens and EOH Security and Building Technologies. Neither had received a tender document as of 31 October 2013
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FA176 19.61 8 November 2013 RFP sent as an attachment, with tech specifications, list of stations and bills of quantities.
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FA177 19.62 11 November 2013 Lehabe sends revised specifications and RFP to 11 bidders
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FA178 19.64 28 November 2013 Phungula's Urgent Directive informing bidders that the tender is no longer valid
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FA179 19.66 11 December 2013 Angelo Agrizzi of Sondolo IT writes about concerns about phase 2 RFP
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FA180 19.67.1 Siynza Holdings Letter of concern that equipment can only be supplied by Siyangena
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FA181 19.67.2 Blackstar Communications concern
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FA182 19.67.3 L&C Impro-Tech letter of concern
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FA183 19.68 17 January 2014 Phungula issues further directives to bidders.
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19.69 Phungula's refusal to amend the RFP to address bidder's concerns renders the procurement process unlawful and irregular
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19.70 27 January 2014 Phase 2 tender closes 7 bids received from: Siyangena Mafoko IDtek Black Star Communications Protea Coin Sondolo SA Fence and Gate
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FA184 19.71 27 January 2014 Phungula sends memo to Gantsho, Lehabe, Kisten, Baloyi, Nkuna, Nhlapo all are appointed as TET members for phase 2
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FA185 19.72 30 January 2014, 31 January 2014, 3 February 2014 TET phase 2 attendance registers - no minutes, scoring sheets, or other documents
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FA186 19.73 17 February 2014 Minutes of CTPC meeting attended by Mbatha, Monkwe, Phungula, Hishaam Emeran, Hope Zinde, Vincent Kobuwe
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19.74 CTPC don't appear to follow procedure
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FA187 19.77 20 February 2014 Phungula writes and signs a recommendation report seeking the support of the FCIP to appoint Siyangena Montana a recipient
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19.78 Siyangenathe only conpany to score over the 70% threshold
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19.79 Bidders disqualified due to technical competency
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19.80 Siyangena bids R2.5bn Protea Coin bids R2.1bn ~R380m less
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19.83 No meeting of the FCIP
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19.84 13 March 2014 Phungula mails Montana the composition of the TET
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FA188 19.85 14 March 2014 Montana and Phungula email thread about the evaluation team
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FA189 19.86 14 March 2014 Phungula sends memo to Imraam Khan, Palelo Lebaka, Mosholi, Ngobeni, Takalani Mukwevho, Sorin Baltac, Jacqueline Beukes appointing them to the TET
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FA189.1 19.88 31 March 2014 Phungula memo appointing the same TET, but excluding Beukes, and including Yvonne Page
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FA190 19.89 8,10 and 14 April 2014 TET meet to evaluate phase 2 tender - no minutes
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19.90 NB The almost total lack of documents relating to the phase 2 tender is extraordinary and deeply suspect
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FA191 19.93 29 May 2014 Board meeting ISAMS report, supposedly from the FCIP, even though the FCIP hadn't met. NB
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19.93.4 Report purportedly from Montana represents that the FCIP accepted Montana's recommendation
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19.93.5 Montana knew the report was a lie
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Montana contradiction
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FA192 19.96 Unsigned copy of minutes from meeting of 29 May
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FA193 19.97 2 June 2014 Zide emails Phungula and Montana
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19.99 ISAMS mentions in unsigned minutes NB ALL sorts of irregularities, breaches of PFMA, etc etc
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FA194 19.100 Unsigned copy of board's resolution to approve Siyangena for ISAMS phase 2
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FA195 19.100.2 Terms of reference for Governance and Portfolio committee
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FA196 19.101 6 June 2014 Phungula signs letter of appointment for Siyangena as preferred bidder for phase 2 of ISAMS. R2.5bn over 5 years
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FA197 19.103 9 June 2014 Siyangena responds to appointment with letter addressed to Khuzwayo, signed by Reddy and Ferreira. Offer counter proposal.
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FA198 19.105 17 June 2014 Phungula sends letter to Siyangena advising them of their appointment, starting 1 July 2014, ending 30 June 2019
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FA199 19.106 Siyangena accepts the terms of the notice of appointment
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19.107 PRASA fails to writes to National Treasury about the significant acquisition of assets, contravenes PFMA
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FA200 19.110 25 June 2014 JBCC agreement signed by Reddy of Siyangena 30 June 2014 Agreement signed by Montana
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19.111 As with phase 1, phase 2 JBCC is seriously fuckity
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The addendum
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FA201 20.2 28 August 2014 Phungula mails Ferreira, refers to correspondence with Montana
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19.116 "The procurement process adopted in the phase 2 tender was unlawful and irregular for the reasons stated above."
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FA202.1 and FA202.2 20.5 11 September 2014 Ferreira emails Phungula, cc's Tom Dubek and Xoliswa Lungu
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Page 45 of proposal letter puts total upgrade cost and extension of phase 1 at ~R800m
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FA203 20.12 Ferreira send Phungula annexures that were attached to addendum agreement
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21 Improper Financial Benefits
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21.2 Criminal charge has been laid at Brooklyn Police Station CAS 278/09/2015 against: J Van Der Walt of Precise Trade Mario Ferreira Mr Reddy for corruption
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FA204 21.5
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FA205 21.6.1
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FA206 21.6.2
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FA207.1-FA207.4 21.7
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FA208 21.9
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FA209 21.11
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FA210 21.14
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FA211 21.14
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FA212 21.17
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FA213 21.18
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FA214 21.20
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FA215 21.22
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FA216 21.24
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FA217 21.25
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FA189.1
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FA218
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FA219
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FA220 21.31
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FA221 21.32
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FA222 21.33
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FA223 21.34
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FA224 21.36
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FA225 21.41
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FA226 21.42
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FA227 21.43
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FA228 21.45
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FA229 21.46
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FA230 21.47
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FA231 21.48
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FA232 21.50
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FA233 21.54
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FA234 21.58
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FA235 21.57 Gantsho inteviewed by investigators
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22 Conclusion
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23 The Investigation
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FA236 FA237 FA238 FA239 FA240 FA241 23.22.4
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FA242 23.22.9 Labour Court Judgment
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FA243 and FA244 23.28 Conspiracy to commit murder?
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FA245 23.36 9 April 2016 Arbitrator's award
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24 Grounds of review
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25 The Remedy
