Bargaining council confirm expulsion of SCM in tender scandal

Staff reporter

Bloemfontein – The South African Local Government Bargaining Council (SALGBC) has upheld a decision by Centlec to dismiss Matlhomola Selesho, SCM Director over the security tender Free State High Court set aside after Defensor Security LTD PTY took the matter to court.

Power cut at Centlec, as judge declares tender irregular

In December 2021, Free State High Court judges Daffoe and Mhlambi declared the awarding of a tender unlawful and set it aside.

Ground for review:

It is the applicant’s case that the first respondent awarded the tender to the second respondent after the expiry of the tender validity period and without a prior request for extension and approval of all relevant bidders. The tender validity period expired on 2 March 2021.

Although the first respondent relied on letters addressed to the applicant and second respondent dated 1 March 2021, the day before the expiry of the tender, there is no proof that the request for an extension was communicated to the bidders before the expiry and that bidders consented to the extension of the period before expiry thereof.

The applicant has proven that the request for an extension was sent by email to it as late as 23 March 2021. It is the applicant’s case that once the tender validity period has expired, it was not possible to resuscitate it.

A new bid process had to be initiated in order to ensure that all interested parties were provided a further opportunity to tender.

The power utility was also ordered to:

The first respondent is directed to initiate a new bidding process and to invite all interested persons to tender for the Provision of Security Services (guarding, armed reaction/response) including Supply, Delivery, Installation, Commissioning, and Maintenance of Security Equipment with a bid closing date not later than 31 January 2022

This was confirmed by Lele Mamatu, spokesperson for Centlec.

“This happened last year and Calvin Security was appointed and equally, the SCM manager was dismissed as a result.”

Following the dismissal Selesho approached the bargaining council on the 9th of November 2022 and a year later, on 10 November 2023, Advocate David Pietersen, a commissioner delivered another blow.

“Having considered the evidence presented in its totality, it is clear that the respondent followed a fair procedure, and had a fair reason for dismissing Mr Seleso. His right to a fair dismissal was therefore not breached. Having considered the severity of the dishonesty displayed by Mr Seleso, coupled with the prejudice which the respondent suffered, it is my finding that the sanction of dismissal was appropriate.

In the premise, I make the following award:

AWARD
The dismissal of the applicant, Mr Mahlomola Joseph Seleso, is procedurally and substantively fair.

His dismissal by the respondent, CENTLEC SOC (Pty) Ltd, is hereby confirmed.”

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