Civil engineering consultancy challenges Mkhwebane’s findings

One of the public protector’s areas of inquiry regarding the Bapo ba Mogale matter was to ascertain the facts around “alleged failure on the part of the HoD of local government and traditional affairs and the Bapo administration in the management of the Bapo ba Mogale D-account [sic] and if so, whether such failure constitutes maladministration”.

Public Protector Busisiwe Mkhwebane subsequently found that “the allegation the HoD of the department and Bapo administration failed in the management of Bapo ba Mogale D-account is substained”.

In her report, she further wrote: “In respect of Trunk Roads, the matter requires further investigation to ascertain the maladministration that was committed in the circumstances.”

In her remedial action section of the report, Mkhwebane’s provincial representative for her office in North West, Sechele Keebine, and senior investigator Ike Motshegare released adverse findings against Nkambule & Associates regarding trunk roads.

North West Premier Supra Mahumapelo was directed to “initiate” a process, with the assistance of the SIU, to recoup “the payment of an amount of R20 243 146.85 paid to Nkambule and Associates on the construction of trunk roads in Wonderkop and Greater Bapong areas”.

READ MORE: Mkhwebane orders reimbursement of R240m to swindled mining community

Under the section, ‘Interviews Conducted’, there is no mention made of interviews with any of the service providers contracted by the department. The ‘Correspondence Sent and Received’ section also corroborates accusations that the service provider was never communicated or consulted.

Where the report deals with “construction of trunk roads in greater Bapong”, it states that “a total of R35 968.78 was incurred towards the construction of the trunk roads in Wonderkop and Greater Bapong area under tender BMC TC 02/12 and BBMTC RD0/11”.

The construction companies were “King Civils/Masiana JV and Nkambule & Associates using labour intensive methods”.

“However, it is the view of the public protector that the role of Nkambule & Associates in projects within Bapo needs further scrutiny by a forensic auditor after being paid an amount of R20 243.85 million.”

Dismayed by Mkhwebane’s findings, Ishmail Musiyiwa of Nkambule & Associates contends that, had the public protector’s office taken the time to interrogate the matter through contact with the company, she would have been given information that they “acknowledge being paid for the work we carried out”.

Nkambule & Associates is not a construction company

“Nkambule & Associates is not a construction company, but a civil engineering consultancy firm,” Musiyiwa clarified, then elaborated that they “were appointed in May 2010 for upgrading of trunk roads … from earth to tar standard”.

He further informed The Citizen there were seven roads needing upgrades: Wonderkop (3.8 km); Seqwaelane 93.7 km); Tribal access road (0.5 km); Oustad (2 km); Nommer One (6.4 km); Netown (5.3 km) and Leokeng (1.9 km).

“The approximate costs to construct these roads was around R200-million then. Engineering designs for these roads are complete, and the projects are at pre-tender stage. Also, the first three roads were taken out to tender in November 2011 and only one road, ‘Wonderkop trunk roads project’, was awarded to King Civils as the main contractor,” the company said in an email to The Citizen.

“Our firm was responsible for construction supervision and contract administration. This project is 100% complete, and there are no outstanding issues. Due to budgetary constraints, all other roads are still to be constructed.

“Nkambule & Associates were paid professional fees and disbursements for the engineering designs and tender documentation. The client is in possession of all the project documents,” Musiyiwa said.

Nkambule & Associates’ response is consistent with the Absa communications division’s argument earlier this week that, in the Absa/Bankcorp report, the public protector’s report “appears to have either effectively ignored or misunderstood Absa’s detailed submissions‚ which were made to it on two occasions”.

http://https://www.citizen.co.za/business/absa-says-wont-pay-back-money/

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