CITY OF TSHWANE RESPOND TO MISREPRESENTATION OF SODI BLACKLISTING PROCESS

City of Tshwane executive mayor Dr Nasiphi Moya photo by Dimakatso Modipa

By Dr Nasiphi Moya
Executive Mayor of Tshwane

I have noted the Sunday Times article titled “No rush to blacklist Edwin Sodi”.

I reject the conclusion it reaches that the City of Tshwane has deliberately delayed the blacklisting process or lacked urgency in pursuing consequence management.

That characterisation is incorrect and does not reflect the facts.

The City initiated a supplier restriction process in respect of the Rooiwal Wastewater Treatment Plant Joint Venture in 2023.

An initial submission was made to National Treasury in 2024, but this was not approved on procedural grounds.

To avoid a repeat of those issues, the City took steps to strengthen its internal governance processes before resubmitting.

While this has taken longer than desired, it was necessary to ensure that the submission is robust, complaint, and capable of being upheld.

As a result, the City:

•adopted a formal Standard Operating Procedure for supplier restriction and
blacklisting;

•established a Supplier Review Committee with approved Terms of Reference; and

•embedded additional internal safeguards to ensure compliance with legislative
and regulatory requirements prior to submission to National Treasury.

It is also necessary to correct the allegation that the City did not know the whereabouts of individuals associated with the companies concerned.

There is an important legal distinction between being aware of an individual’s general whereabouts and effecting
formal service of legal notice on corporate entities involved in a tender process in accordance with prescribed legal requirements.

Multiple attempts were made on separate occasions to serve notice on the affected companies and their directors through lawful channels, including verification of registered details on the Central Supplier Database and other prescribed mechanisms.

These efforts were complicated by the entities no longer operating from their registered addresses.

In response, the City sought an independent legal opinion to clarify the legal definition of service and the standard required where entities cannot be located.

That opinion confirmed that, given the demonstrable steps taken, the City had done everything reasonably and lawfully possible to effect service and had complied with its approved Standard Operating Procedure.

The Supplier Review Committee has now concluded its assessment and has made a final recommendation.

The City’s internal process is therefore complete.

The matter is being processed for formal submission to National Treasury by the Chief Financial Officer, following signature by the City Manager.

Once lodged, the assessment and implementation of any restriction measures rest with National Treasury in accordance with its statutory mandate.

To suggest that these steps amount to a lack of urgency is to misunderstand both the law and the responsibility of public office.

Rushing a procedurally defective process
that is likely to be rejected does not serve accountability, the residents of Tshwane, or the rule of law.

Doing the work properly does.

The Multi-Party Coalition Government in Tshwane remains firmly committed to
consequence management, transparent governance, and decisive action against
underperforming or compromised service providers.

Where wrongdoing is identified, action will be taken, but it will be taken lawfully and in a manner that ensures outcomes are durable and enforceable.