Court declares Rooiwal tender invalid

The metro has welcomed a landmark judgment by the North Gauteng High Court, which has declared the controversial 2019 tender awarded to the consortium appointed for the upgrade of the Rooiwal Waste Water Treatment Plant as invalid.

The ruling not only nullifies the R250-million contract but also orders the companies – Blackhead Consulting, NJR Projects and CMS Water Engineering – to repay profits made from the tender to the metro.

The judgment follows years of public outcry, investigative scrutiny, and legal action over the botched contract that left Rooiwal in a state of disrepair.

After the court ruling, Mayor Dr Nasiphi Moya reaffirmed the metro’s commitment to clean governance and accountability.

“This judgment affirms what we have long maintained: contracts awarded through unethical and irregular processes undermine service delivery, compromise governance, and erode public trust,” she said.
“We assure the residents of Tshwane that this administration will act decisively to give full force and effect to the order.”

The court has instructed the consortium to submit documentation of project-related expenses within 60 days.

Should they fail to do so, the metro will appoint an independent contractor to determine the actual profits made, which the companies will then be required to repay.

The irregularities surrounding the Rooiwal tender have been under investigation since 2022, when a forensic report concluded that the consortium lacked the required expertise to carry out a project of this magnitude.

The awarding of the tender has since been linked to politically connected businessman Edwin Sodi and five senior metro officials, referred to as the “Rooiwal Five”. They were removed from their posts but remain embroiled in Labour Court proceedings as attempts are made to reinstate them.

Moya highlighted the progress already made at Rooiwal under new leadership.

“Work to complete the upgrades at the Rooiwal Waste Water Treatment Plant has progressed successfully. Phase 1A was completed ahead of schedule, and Phase 1B is currently underway,” she confirmed. “We are committed to ethical leadership, clean governance, and delivering services to our residents.”

The DA, which led the coalition government in Tshwane at the time and launched litigation against the consortium, also welcomed the ruling.

“This is a significant victory for clean governance and accountability in the metro,” said Cilliers Brink, DA leader in the Tshwane council.

“Now is the time for the metro to tell the public how far the process has gone to prevent that consortium from ever doing business with the state again.”

Brink emphasised that the attempt to blacklist the Sodi-linked companies was initiated in 2024 under the DA-led coalition.

The process was initially delayed after National Treasury found flaws in the metro’s first application. However, the recent court ruling strengthens the metro’s position.

“The public deserves to know what measures are being taken to ensure that what happened at Rooiwal never happens again,” Brink added.

“We cannot allow companies with poor track records and political connections to walk away unscathed.”

The Rooiwal debacle has long been emblematic of the challenges facing the metro.

The wastewater treatment plant, which is responsible for supplying clean water to Hammanskraal and surrounding areas, has not been operating optimally for years. Poor workmanship, missed deadlines, and stalling on the site forced the metro to terminate the contract in August 2022.

In a high-profile oversight visit to the Rooiwal and Klipdrift water treatment sites earlier this year, Moya was accompanied by Minister of Water and Sanitation, Pemmy Majodina. The minister did not mince her words about the legacy of the failed project.

“We cannot allow people to do Mickey Mouse work and think they will get away with it,” said Majodina. “This plant is supposed to provide clean water to our people.”

The consortium’s abandonment of the site, followed by the findings of corruption and maladministration, led to the involvement of the Special Investigating Unit (SIU).

While political instability, including shifts in coalition support, hampered previous attempts to enforce accountability, the court’s ruling has now given the metro a decisive legal tool to act.

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