Communications DG Mohlala's mysterious SMS

She was instructed at 00:16 to suspend tenders

Ousted Communications Director General Mamodupi Mohlala is expected to tell the Labour Court about an SMS she received, 16 minutes past midnight, instructing her to suspend at least ten tenders worth over a billion rand.

Mohlala, scheduled to go to court on Friday, will ask the court to review and set aside the decision by Minister of Communications General Siphiwe Nyanda "purporting to terminate" her employment contract, according to court papers obtained by Moneyweb.

The minister of communications has been listed as the first respondent, while President Jacob Zuma and Acting Director-General Harold Wesso are second and third respondents, respectively.

Zuma is implicated as he has an interest as head of cabinet. Communications' ministry spokesperson, Tiyani Rikhotso said they had only received the court papers on Wednesday morning and were applying their minds on whether to oppose the application. 

The court papers, consisting of over  100 pages, allege that the chief of staff in the ministry of communications,  Alfred Mashishi, was ordered by Nyanda to convey unlawful instructions at 00:16 to the DG that "all tenders issued or still to be issued by the Doc (Department of Communications) be suspended until discussed and approved by minister"..

The most lucrative tender affected by the suspension is estimated to be close to R 5bn, according to Mohlala. It involves the appointment of a service provider to advise the department on Telkom's BEE status. The other chunky tender is estimated to be between R10m-R15m. It was designed to assist with the turnaround strategy of the South African Broadcasting Corporation.

Some of the tenders put on hold include appointments of service providers to investigate suspected fraud emanating from forgery of officials' signatures and financial transactions dating as far back as 2004.

Mohlala further alleges that on July, 19 she was asked by Nyanda and Deputy Minister Dina Pule to hold a press conference refuting all allegations made against Nyanda in relation to tender processes. Mohlala said she would look into the matter and come back to him.

Asked what she thought was the reason behind the freezing of these tenders, Mohlala said: "I don't know I find it difficult to explain. That's the question I have been asking and I have not been answered."

"Procurement processes cannot simply be suspended, interrupted or changed at short notice, particularly where this is done unlawfully by the minister's interference," the court papers add.

When the Ministry of Communications was asked about the reason behind the shelving of the tenders , Moneyweb was referred to a July 15 statement which dismissed the allegations."The minister is not involved in the issuing or adjudication of tenders. Such is the responsibility of the management of the department," the statement read.

The disagreements and media leaks surrounding the tender procedures are believed to have contributed to Mohlala's dismissal.

In arguing for her re-employment Mohlala states that General Nyanda has no authority to terminate her employment, that such powers rests with the president acting in cabinet and no such decision had been taken by the president in cabinet.

"Even if .... It were to be held that the minister had the power to take such a decision (which is denied), fairness required that he should have recused himself. He was the complainant against me. It is he who has alleged-and found-that there is a breakdown of trust between us. He clearly had a personal direct interest in the matter," the court papers add. Mohlala adds she failed to get a fair opportunity to be heard.

Mohlala wants the matter to be urgently heard. She will ask the court to order Nyanda to allow her to resume her job as DG.

The Ministry of Communications declined to comment on the court documents, saying the matter was sub judice.

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