‘Surprise’ at security
The Special Investigating Unit (SIU) was shocked by the revelation that Msunduzi Municipality was still dealing with Khuselani Security and Risk Management (KSA), despite serious allegations levelled against the security company.
This was said in papers before the Pietermaritzburg high court on Monday by the head of the SIU, Jan Mothibi. He said he had been “surprised” to learn that Msunduzi Municipality had “capitulated” on its cancellation with KSA.
This had resulted in KSA continuing to provide security services until (initially) the end of April.
He was even more surprised to learn the municipality then went on to offer KSA a month-to-month contract.
Mothibi said that KSA boss Mahomed Yacoob has alleged in court papers — in an application in which he seeks to continue providing security services to the City until at least September — that the unit is “interfering in a manner that is illegal”, in the contractual relationship between KSA and the municipality.
Mothibi said his affidavit is intended to explain the SIU’s side of the story because the unit was not cited as a party in the case. The application currently stands adjourned to a date to be arranged and in the meantime KSA continues protecting the City.
Responding to Mothibi’s affidavit, Yacoob said this was proof of the SIU’s “interference” when it did not have a direct interest in the application.
Yacoob said that despite a settlement between KSA and the municipality, the unit had instituted civil action against KSA based on “allegations dating back years”.
“The SIU is miffed because the whole world has not bowed down to accept its baseless allegations to treat the applicant as a pariah,” said Yacoob.
Mothibi said the SIU was appointed on April 15, 2016 to investigate certain affairs relating to KSA. Their investigations had uncovered that the procurement of two contracts were “unlawful and inconsistent” with the municipality’s procurement obligations. Three service level agreements — reached during April, June and September 2016 — were concluded without proper processes being followed, he said.
He added that KSA was overpaid and said Msunduzi Municipality had incurred improper, irregular and unlawful expenditure. It entered into unlawful agreements and had suffered financial loss or damages.
Mothibi said he made his findings known to Msunduzi Municipality in October last year and had recommended that the contracts between KSA and the municipality be terminated.
The unit then also instituted action against KSA for an order declaring the appointment and conclusion of certain contracts null and void.
The SIU also seeks to recover money paid and or overpaid to KSA by the municipality.
Yacoob said the municipality had allowed past contracts to continue with the SIU’s knowledge. “The municipality has sought no damages from KSA in respect of its past service delivery over some five years because it has suffered no damages,” he said.
He said municipal officials, well aware of the SIU “allegations”, have concluded the interim contract with KSA.
Msunduzi Municipality has not yet filed court papers in connection with the application.