Public Protector urged to investigate tender fraud in Cape Town

Malusi Booi appeared in Cape Town Magistrate’s Court for tender fraud. Picture: Supplied

Malusi Booi appeared in Cape Town Magistrate’s Court for tender fraud. Picture: Supplied

Published 23h ago

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As former Human Settlements Mayco Committee Member Malusi Booi and others appeared in Cape Town Magistrate's Court for fraud, National Coloured Congress (NCC) president Fadiel Adams wrote to the Public Protector with regards to maladministration and corruption at the City.

On Friday morning, Adams wrote a lengthy letter also highlighting the abuse of power at the metro.

This comes at the back of the raids carried out on January 24 by the Commercial Crimes detectives after finding the names of JP Smith and Xanthea Limberg during an investigation into tender fraud.

Booi and alleged 28s gang boss Ralph Stanfield, his wife Nicole Johnson, and 26 others are accused of fraudulently gaining R1 billion from the city's Human Settlements directorate. There are also murder charges, including that of city staff member Wendy Kloppers.

The State revealed that three more people would be added to the case, taking the number of accused to 29.

Kyle Stanfield, Ralph’s younger brother, Barbara Johnson, Nicole’s mother, and Phakamisa Nondabula appeared as the new accused.

They had been linked to a case with Suray Manuel, an accountant at Nicole’s company, who is also facing tender fraud with Booi and others.

The trio is charged with defeating the ends of justice but the State didn’t elaborate.

The prosecution asked for time to go through 100 bank statements, and to download documents from several devices including laptops and tablets, as they continue investigating.

The matter was postponed to March 20 for the finalisation of the case.

A few kilometres away, Adams delivered the letter at the office of Advocate Kholeka Gcaleka at about 10am.

“I write to you with profound concern and urgency regarding serious allegations of maladministration, corruption, and abuse of power within the City of Cape Town, particularly within the Safety and Security Directorate.

“These concerns, which have persisted for an extended period, now necessitate immediate and decisive intervention by your esteemed office.

“On or about 3 August 2024, former South African Police officer Petrus 'Robbie' Roberts was appointed as the Director of Policing in the City of Cape Town. This appointment has been met with widespread concern among ratepayers, elected public officials, and senior staff within the city's Safety and Security Directorate.

“Among those who formally objected to this appointment was then-Deputy Chief of the Metro Police, Ms  Annalene Marais. She challenged the fairness and legality of the appointment at the Bargaining Council and was subsequently awarded R300 000. Ms Marais was one of 41 applicants for the position and was demonstrably more qualified than Roberts; however, she was not even shortlisted for the role.”

The document further stated an investigation commissioned by the City of Cape Town, conducted by Cliffe Dekker Hofmeyr, confirmed that the appointment process was unfair and illegal.

“The final report recommended disciplinary action against Mayoral Committee Member for Safety and Security, Smith, and the then-Executive Director, Mr Richard Bosman. Instead of implementing the report's recommendations, the Democratic Alliance (DA)-led administration, using its overwhelming majority in council, opted to suppress the report and protect the implicated officials. Bosman received only a nominal reprimand, and Alderman Smith faced no accountability whatsoever.

“Furthermore, the city has persistently refused to make the Cliffe Dekker report available to the public despite the report having cost Cape Town taxpayers nearly R1 million.”

He added the flagrant disregard for accountability has enabled a culture of corruption and abuse of power.

“In December 2024, Heart FM aired a series of exposés highlighting further abuses within the Safety and Security Directorate. Whistle-blowers, including long-serving staff members, have been subjected to intimidation and constructive dismissal merely for questioning illegal directives and labour malpractices.

“Additional investigations into these abuses have been commissioned by the city but remain concealed from both the public and elected officials. Furthermore, the Special Investigating Unit (SIU) was tasked with investigating the infamous 'concentration camp' established at the Strandfontein Sports Grounds during the early days of the Covid-19 pandemic.

“This camp, masterminded by Smith and Bosman, purportedly housed homeless individuals but instead functioned as a human rights violation. The procurement process for tents and marquees at the site amounting to nearly R50 million was riddled with irregularities.”

Adams told Gcaleka the SIU found the procurement to be fundamentally flawed and recommended that the city recover the funds.

“To this day, the city has failed to even draft a letter demanding repayment from Downings, the primary supplier in this dubious transaction.

“The situation has escalated further with recent police raids conducted by the South African Police Service's Commercial Crimes Unit on the offices of Alderman JP Smith and his political ally, Limberg. Media reports suggest that these raids form part of an ongoing investigation into approximately R1 billion worth of questionable tenders awarded by the city to known criminal syndicates, including alleged underworld figure Stanfield and his wife, Nicole. Another former DA official, Malusi Booi, has been implicated in this case and is currently out on bail set at R250 000.

“Mayor Geordin Hill-Lewis, despite his public posture as a champion of transparency and accountability, has instead facilitated a culture of cover-ups and impunity within the city administration. His refusal to take action against those implicated in corruption has earned him the moniker 'Mayor of Cover-Ups'.

“This administration, including Speaker Felicity Purchase and City Manager Lungelo Mbandazayo, has actively obstructed opposition councillors from obtaining even basic information regarding the city's questionable financial dealings. Their governance has increasingly been characterised by intimidation, fear, and an erosion of democratic principles.”

He requested the Public Protector to launch an immediate and thorough investigation into these matters and take remedial actions.

Gcaleka said she gets hundreds of letters a day, but will ask her staff about Adams.

Her office later confirmed that it has received a complaint against Smith, and that the matter is currently being processed.

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