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Tshwane police chief Yolande Faro distances herself from tainted tender deal

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By Johnathan Paoli
 
Tshwane Metro Police Department (TMPD) chief Yolande Faro told the Madlanga Commission on Wednesday that the service level agreement with El Shadai Security Services was signed during her leave without her first seeing the document or a list of successful bidders.

Faro was being taken through evidence by advocate Mpilo Sikhakhane that appeared to show possible outside influence over a City of Tshwane land invasion security tender, when she made the remarks.

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The commission has previously heard that TMPD deputy chief Umashi Dlamini allegedly compiled a list of seven preferred bidders, which was passed through suspended SAPS sergeant Fannie Nkosi to CFO Gareth Mnisi, before Nkosi allegedly submitted two additional preferred names of his own —  Ngaphesheya Construction and Projects (Pty) Ltd, which belongs to Nkosi’s brother, and El Shadai Security Services.

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“I have not seen the service level agreement before it was signed. No draft was sent to me. Nothing was sent to me to go through,” Faro said.

Pressed by Commissioner Sandile Khumalo, Faro conceded she was unaware of the appointment at the time.

“No, I was not aware of that. I have not received a list to say these are the successful service providers,” she said.

Khumalo described the situation as “a serious red flag”.

The revelation drew immediate concern from the commission, with Khumalo questioning how agreements could be prepared and signed without the knowledge of the city’s police chief.

SABC reported that Khumalo said it was a “serious red flag” that Faro only saw the agreements after they had been signed by someone acting in her position while she was on leave.

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Faro distanced herself from the drafting and signing of the SLAs, saying the process falls under the city’s legal and financial departments.

“The service level agreement is drawn up between the legal department and the office of the group financial services. I did not receive it before I went on leave, that is a fact and that is the truth,” she said.

She rejected suggestions that her lack of awareness amounted to a failure of leadership.
“I cannot sit here and agree with something that says if my involvement is not there, that I should have [known]. If that part does not involve you, it cannot be said that you have failed,” Faro said.

However, she acknowledged a gap in the system, suggesting that TMPD leadership should be involved earlier in the process before SLAs are finalised.

Commission chair Mbuyiseli Madlanga questioned how such irregularities could go undetected for so long.

“Why aren’t there systems that make sure that if something wrong has happened, it must be found out, it must be discovered soon enough. It must not be purely fortuitous that we do become aware of it. There must be systems in place that make sure that one, it either doesn’t happen or if it has happened, it is discovered soon enough,” Madlanga said.

Faro agreed that the system had been compromised.

“We wouldn’t have been sitting here if it wasn’t compromised. I agree 150 percent,” she said.

Faro said TMPD is conducting a wider probe into the tender processes, extending beyond individual contracts and including the approval and payment chain.

“We are looking at all of that: the point system, the documents, everything. If I want to do consequence management, it’s the entire food chain,” she said.

Commissioner Sesi Baloyi pressed Faro on whether non-compliant appointments would ultimately trigger consequences. Faro said investigations were underway and that the full chain of approvals and payments was being examined.
 
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