A report has also implicated six officials in the Mpumalanga department of education who were involved.
The Mpumalanga department of education incurred irregular expenditure by hiring two companies to refurbish a guardhouse and fences at the department’s Ehlanzeni district offices in KaNyamazane outside Mbombela. Picture: Supplied
The Mpumalanga department of education officials linked to a project in which the department spent more than R2 million renovating a toilet-sized guardhouse and its fence might walk away unpunished, according to experts.
They were reacting to the recently released forensic report by Rakoma and Associates Incorporated, which revealed that around 2024, the department incurred irregular expenditure by hiring two companies to refurbish a guardhouse and fences at the department’s Ehlanzeni district offices in KaNyamazane outside Mbombela.
Forensic report exposes irregular spending
The investigation was commissioned by premier Mandla Ndlovu after it came to light that the department allegedly signed off on R2.1 million for the project.
It is not clear why the department was only ordered to recover about R200 000 of the expenditure.
According to the report, a R66 987 overpayment should be recovered from Mhlotini Trading, while a R127 746 overpayment should be recovered from Indumane Trading.
Mhlotini Trading was appointed to do renovations of the guardhouse and installation of a perimeter fence at a total cost of R993 519, while Indumane Trading was appointed at a total cost of R956 535 to install more perimeter fencing, the report said.
“The deliberate split of the tender resulted in the irregular appointments of two service providers,” the report said.
The split of the contract is said to be in contravention of the Public Finance Management Act supply chain management (SCM) instruction No2 of 2021-22, and Section 6.5.4.2 of the department of education revised SCM policy dated 6 February 2023.
Department spokesperson Jasper Zwane told The Citizen that the department has welcomed the conclusion of the forensic investigation.
“The report provided an opportunity to thoroughly examine the matter, establish the facts, and bring closure to concerns that were raised. The department remains committed to the principles of ethical governance, transparency, accountability and responsible use of public resources.”
Zwane said the report’s findings and recommendations serve as an important mechanism to strengthen internal controls, improve compliance processes, and enhance public confidence.
Officials implicated
The report also implicated six officials in the department who were involved.
Zwane said action against those implicated was already underway, guided by due process, applicable legislation, and the principles of administrative justice.
But political analyst Theo Neethling said a forensic report was generally not binding in the same way as a court order.
Its implementation largely depends on political and administrative will, although certain findings may trigger legal or disciplinary obligations.
“In other words, a forensic report commissioned by a provincial premier is generally not legally binding. It provides findings and recommendations, but the decision to implement those recommendations usually depends on political and administrative will,” Neethling said.
“However, if the report uncovers unlawful conduct, maladministration, or matters governed by specific legislation, authorities may be legally required to take further action. Thus, while the report itself is usually advisory, some of its findings can create legal or disciplinary obligations.”
Calls for disciplinary action
Mpumalanga legislature DA member Annerie Weber said her party welcomed the forensic report ordering the department to recover nearly R200 000 from two service providers who overcharged for renovations and fencing of a guardhouse.
“The DA will write to the current MEC of education, Lindi Masina, asking her to take disciplinary action against the six departmental officials who have been identified in the report as responsible for financial misconduct,” she said.
“We will also put pressure on the department to blacklist all these companies that have been implicated in this matter.”
Witness Maluleke, senior criminologist at the University of Limpopo, said the findings of forensic reports were often ignored – something which was not supposed to happen, since resources were allocated to perform the investigation and finalise the report.
Experts urge authorities to act
Maluleke said government departments often fail to implement the recommendations of a report, as the consequences of not doing so were minimal.
“The forensic report provides recommendations for the National Prosecuting Authority to prosecute the allegations or not.”
Maluleke said the recommendations of a forensic report were supposed to be implemented.
He said it was time authorities started taking the recommendations of forensic reports seriously.
“The recommendations are valuable and their implementations should be prioritised to ensure that our public sector departments are not able to commit criminal activities.”
Education department spokesperson Gerald Sambo did not respond to questions.
