GOOD Statement by Sarah Mabotsa,
GOOD Tshwane Councillor
23 August 2022
Randall Williams is embroiled in a catastrophe of his own making.
Instead of following tender processes set out by municipal law, the mayor has chosen to turn the procurement process into a wild west, no rules barred spectacle.
GOOD calls on the Mayor to come clean and provide clarity to the residents of Tshwane. Therefore the party has submitted the following questions to be tabled to the Mayor.
It is in his best interest to answer these with full transparency, so we can get to the bottom of his power deal with the Kratos consortium – and determine whether any illegality occurred during negotiations.
- Recordings released by opposition parties show the mayor, and others discussing and strategizing ways to deviate from standard public procurement processes. What is the main motivation behind these strategies?
- Section 217 of the Constitution, with regards to the Public Procurement and Supply Chain process/processes, sets out principles such as fairness, equitability, transparency, competitiveness, and cost effectiveness. Have these values been compromised by the mayor’s direct involvement in the procurement process, and is his justification in line with the Constitution?
- Items withdrawn from the 16 August 2022 council agenda confirm that in terms of Regulation 37 of the Municipal Supply Chain Management Regulations, a public participation was already conducted. The findings thereof were that the proposal would drive large scale economic development in 3 different sectors. Have evidence/estimations of the purported development been submitted and substantiated alongside or in the proposal? If such a development were to occur, who would stand to gain the most from the development’s revenue?
- When the Mayor took the decision, was consideration made to adhere to relevant policies such as Asset Transfer Regulations of 2008, Treasury Regulations, Local Government Municipal Systems Act 32 of 2000, Section 113(2) of the Municipal Finance Management Act? Particularly the requirement S 113(2)(d) which deals with the fact that the accounting officer must find that the reason/s for not going through the normal bidding process must be sound.
- Gas Power Stations are not a new concept. What is it about this proposal that qualifies it as exempt from an open, transparent, and competitive process?
- According to the guidelines on Unsolicited Proposals by the National Treasury, it is an important criterion that the proposal by Kratos Consortium is unique and innovative. Can the mayor confirm whether this criterion has indeed been met?
- What is/was the Executive Mayor’s relationship with the Kratos Consortium?
- Is there any evidence to establish that entering a contractual- relationship with the bidder (Kratos Consortium) for a period of 30 years is not unusual? What is the plan to utilize the properties after the lease has expired?
- Considering Section 217 of the Constitution and its stance on transparency, was the Unsolicited Bid truly open to the public? It appears the public would not have been aware of all the bid’s details, had the recording not be released to the public.
- Why did the mayor’s office withdraw the proposal? Has scrutiny by opposition parties and the public lead to a change of heart?
- How does the mayor justify his driving of the unsolicited bid considering that Kratos does not have the required NERSA-issued license, and that they have no previous experience in the production and provision of electricity?
Media Enquiries:
Brett Herron, GOOD: Secretary-General & Member of Parliament
Cell: 0825183264
Email: bretth@forgood.org.za
Janke Tolmay, GOOD: Media Manager
Cell: 0733671223
Email: janke@forgood.org.za