Staff reporter
Bloemfontein – The New Beginning Project and department of Community Safety, Roads and Transport are set for a legal showdown this morning following the termination of the infamous R269 million tender.
Legal teams of both the company anddepartment will meet the mediator appointed by a judge in court, in an effort to find a common ground.
This follows department’s decision to terminate the contract on the 21 June 2024, and in response, Patrick Phuti, Chief Executive Officer of New Beginning Project promised to take the department to court, and he kept his promise.
According to a letter dated 2 July 2024, in possession of this publication sent by Phutito Dr Masego Tshabalala, head of department at Community Safety, Roads and Transport, he opposed what he called wrongful termination and cited disputenotice clause.
“The Contractor or the Employer, hereinafter referred to as “the parties”, may deliver to the other a written notice, hereinafter referred to as a “dispute Notice”, of any arising out of or in connection with the contract.
We feel that the Employer wrongful terminated our contract as a result we will be following a court process to challenge the termination.
In terms of clause 3.2.2 GCC 2015, the Employer’s Agent to consult with Contractor and Employer. The Employer’s Agent failed to consult with Contractor and Employer.
In terms of Guide to the General Condition of Contract 2015, if the contractor wishes to oppose wrongful termination, he may make use of a spoliation order. Spoliation is a wrongful deprivation of another’s right to possession.”
On the 30 May 2024, the department issued a notice of termination and clause 9.2.1.3.4 of the GCC seem to have been the trigger.
In response, Phuti says may notify the Contractor if in its opinion the Contractor has failed to proceed with works.
“The contractor is hereby informed that it is in Breach of the Contract in terms of clause 9.2.1.3.4 of the General Conditions of Contract, 2015 which states that the Employer may terminate the Contract if the “Contractor has failed to proceed with works in accordance with approved programme, or n the absence on an approved programme, sic in Employer’s opinion.
Clause 9.2.1.3.4 of the GCC does not stipulate that, in the absence of an approved programme, the Employer may notify the Contractor in terms of clause 9.2.1.3.4, if in the Employer’s opinion, the Contractor has failed to proceed with works.”
In other related news, sources close to Patrick Phuti say he is advised by the Hawks to make an affidavit distancing himself from the texts in which he fingers Premier, Joyce Mathae and her husband, Lawrence Mathae.
We asked a criminal lawyer who asked to be anonymous for fear of victimization what could this mean for Phuti and he said.
“Once Patrick Phuti signs that affidavit he is going straight to jail, he will be finished.”
He advised Phuti to attend to any meeting with the Hawks with his lawyer.
Today marks 34 days since Hawks official met Mathae and to date, the Hawks refuse to say what the meeting was about and who sent the official.
Why are the Hawks hellbent on protecting and defending Joyce?
Under the fifth administration the defense was done by politicians, they even vowed to defend with their behinds only to be implicated in the state capture.
Joyce said she is fighting corruption in her maiden speech, let her fight it.
This is developing story.
If you have news or tips please email us at news@stepupsanews.co.za or WhatsApp 0685000246
New beginings just awarded a tender in the eastern cape dept of transport for R283m whereas there are companies who are far less than him. besides all negative things he had done and not completing jobs in the free state.