WORKS OFFICIALS TRANSFERRED OVER MULTIMILLION TENDER

MBABANE – Four senior officials at the Ministry of Public Works and Transport are being transferred from the ministry after being questioned about a multi-million tender for the construction of the Sicunusa-Nhlangano Public Road.

Two of the officers who are being transferred claim they were individually informed about the transfers after a series of meetings with the Ministry’s Principal Secretary (PS) Cyril Kunene. The senior officers who are being transferred are Dumsani Mavuso who is a Senior Quantity Surveyor, Albert Dlamini, Chief Buildings Engineer Mkhululi Mamba and Trevor Tshabalala Chief Roads Engineer.

Mavuso is being transferred to the Ministry of Agriculture (Land Use) as being Senior Contracts Engineer, while Dlamini is transferred to the Ministry of Commerce, Industry and Trade to hold the position of Township Engineer. The transfers, according to letters written by Civil Service Commission (CSC) Chairman Peter Mamba, are with immediate effect and they were informed to report to their new duty stations today. The new duty stations for Mamba and Tshabalala have not yet been disclosed.

The four senior officials were on June 22, 2014 called by the PS Kunene into his office where he asked them to explain circumstances leading to the awarding of the tender for the construction of the road. Mavuso and Dlamini (Albert) have since taken the PS in the Ministry of Public Works and Transport and the attorney general to the Industrial Court.

In his founding affidavit Mavuso stated that on or around June 22 he was called by PS Kunene into his office. “In his office, my senior colleagues, Mkhululi Mamba and Trevor Tshabalala were present and they were all called by the principal secretary,” reads the affidavit in part.
He said the PS advised them that the purpose of the meeting was for them to explain how the award of the tender of the construction of Sicunusa- Nhlangano Road was done.

Mavuso further stated that the principal secretary then advised them that since all the concerned people were not present in the meeting they should again report to his office on June 23, 2014.

“On June 23, 2014, again I proceeded to his office wherein Mkhululi Mamba and Trevor Tshabalala were present. The under secretary in our ministry was also present and was tape-recording the conversation of the whole duration of the meeting. The principal secretary again advised us that the purpose of the meeting was for us all to tell him how the award of the tender of the construction of the road was awarded,” he stated.
Mavuso said he was a bit surprised because the PS ought to have known as they reported everything to him and he was full aware of what transpired and the role he also played.

These are allegations in an affidavit whose veracity is still to be tested in a court of law and government is yet to file its responding papers. Mavuso alleged that he told the PS that as a board member to the Tender Board representing him, his duty was to observe if all documentation was presented and he should not take sides.

“I told him that the vital documentation, this being the authority to commit from the Ministry of Finance and the no objection form from the Ministry of Economic Planning was presented and was comprehensively written. As such everything was duly filed,” Mavuso stated. He submitted that after the Tender Board was satisfied with the documents presented, the tender was awarded. 

Mavuso alleged that there was nothing missing: “I also state that before the matter was referred to the Tender Board, it was deliberated internally by the internal Tender Board within the ministry and same was being chaired by the principal secretary (Kunene). It passed from that board and referred to the Central Tender Board where it also passed and a report was given to the principal secretary,” he said in his court papers.

BADEA withdraws funding

MBABANE – The funder of the project, BADEA, is said to have withdrawn funding after it was discovered that the tender was awarded to Kukhanya Construction, a joint venture with Gabriel Cuoto who is a Portuguese national.

It transpired that the funder was not pleased with the inclusion of Cuoto.
This was disclosed by Senior Quantity Surveyor in the Ministry of Public Works and Transport Dumisani Mavuso.
Mavuso allegedly disclosed this during their meeting with the Principal Secretary in the Ministry of Public Works Cyril Kunene, who had called them to explain how the tender for the construction of Sicunusa-Nhlangano Public Road was awarded.

“I now wish to state that I was advised that a concurrence/approval from the funder of the project (BADEA) was not obtained, hence the funder eventually pulled out from funding the project as it was discovered that the tender was awarded to Kukhanya Construction, a joint venture with Gabriel Couto. The loan agreement excluded Gabriel Couto due to his nationality,” said Mavuso.

Mavuso said it was not his duty to see to it that a concurrence was obtained or not.
He submitted that after he had presented his side of the story the PS asked him as to what would be his attitude if he was to transfer him to another ministry.
“I asked him how then does the issue of a transfer arise. There was no response to that but I verily believe that the issue of the transfer emanated from the fact that the donor eventually pulled out and I must be seen to have contributed to such, which is totally not the correct position as I duly executed my mandate. I never agreed on the point of the transfer as I never understood how it arose,” he stated.

These are allegations in an affidavit whose veracity in still to be tested in a court of law and government is yet to file its responding papers.
Mavuso alleged that on June 25, 2014 he received a call from the secretary of the PS who told him that at exactly 10am he was to report the Civil Service Commission (CSC) offices, where he was verbally told that he was being transferred to the Ministry of Agriculture with immediate effect.

“I asked as to why I was being transferred and the only response I got was that when I was employed, the condition thereof was that I am transferable and there were no further reasons advanced. I was very aggrieved about the turn of events. I never really understood what was going on,” Mavuso stated.

He further submitted that on June 27, 2014 he received a letter from the commission informing his about his transfer.
“I was again shocked of the contents of the letter wherein it was stated that the CSC had approved my transfer as if I applied for it. I never at any stage requested that I be transferred nor was I ever consulted,” he stated.

Mavuso alleged that the purported transfer was unprocedural and it was totally against the tenets of the rules of natural justice as he was never consulted.

PS reportedly refused to heed advice

MBABANE – Principal Secretary (PS) in the Ministry of Public Works and Transport Cyril Kunene is alleged to have refused to heed advice from the senior government officials in the ministry that the evaluation report should be referred to the funder (BADEA).

 Albert Dlamini, Road Engineer, in the Ministry of Public Works and Transport alleged that he told the PS, that the only issue that led to the pulling out of the donor (BADEA) was failure to submit to it the evaluation report with recommendations for its approval before the matter was dealt with by the Central Tender Board.

These are allegations in an affidavit whose veracity is still to be tested in a court of law and government is yet to file its responding papers.
Dlamini alleged that PS Kunene, did not heed to their advice for the referral of the evaluation report to the funder as he stated that the project needed to be urgently sanctioned.

 The road engineer further alleged that Kunene said the project needed to be urgently sanctioned so that the construction of the road can start immediately.
He submitted that Kunene also mentioned that the evaluation report would delay the award of the tender and ordered that the matter should proceed to the Central Tender Board.

Dlamini said he was involved with all the due process that needed to be taken for purposes of the project.
“I wish to state that the evaluation report was done and compiled by a consultancy known as ZMCK in joint venture with AL-OBAID. It was, thereafter, forwarded to us for referral to the funder for its concurrence before the matter is dealt with by the Tender Board,” Dlamini submitted.
He alleged that when the matter was dealt with by the Tender Board the concurrence from the funder was missing.

Dlamini further stated that Kukhanya Construction, in joint venture with Gabriel Couto was awarded the tender.
“When the evaluation report was sent to the funder it discovered that Kukhanya Construction in joint venture with Gabriel Couto, was recommended for the job.

It (funder) stated categorically that it cannot fund the project if Gabriel Cuota was included as it was disqualified by the loan agreement and that being a Portuguese, he was also disqualified as his country was not part of the countries involved in the project,” said Dlamini.
He alleged that by that time of the decline to fund the project, Kukhanya Construction, in joint venture with Gabriel Cuoto was already at the site and had resumed work.

Dlamini said the project then remained without a funder.
“I told the first respondent (principal secretary in the Ministry of Public Works and Transport) had it not been for his refusal to have the evaluation report referred to the funder before the matter was being dealt with by the Tender Board, such could have not occurred since the funder would have refused timeously before the award,” he said.

He submitted that after he had finished briefing the PS, he then asked him what would be his attitude would be if he was to be transferred to another ministry.
Dlamini said he told the PS that it would depend on consultation with his employer.

According to Dlamini, on June 26, 2014, he was called told by the PS that he was being transferred to the Ministry of Commerce, Industry and Trade and that he should report there today.

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