High Court must decide what happens next

Date: 20 June 2014 By: Andries van Zyl

DDP Valuers has asked the High Court to either re-award the tender for the compilation of Makhado’s 2014 to 2018 valuation roll to them, or to refer it back to the Makhado Municipality to be reconsidered.

The matter between DDP Valuers (PTY) Ltd, who also tendered for the compilation of Makhado’s 2014 to 2018 valuation roll, against the Makhado Municipality (first respondent), Siyabuselela (second respondent) and Mr Kulani Nkuna (third respondent), was heard in the North Gauteng High Court on 23 May.

DDP Valuers took the municipality, Siyabuselela and Mr Nkuna to court for what they deemed to be the fraudulent awarding of the valuation roll tender to Siyabuselela Trading Enterprise 275 CC, trading as Risuna Property Consultants and Valuers, in 2013. DDP further argued in their motion to the High Court that the Makhado Municipality took irrelevant considerations into account or failed to consider relevant considerations, in that the designated municipal valuer did not have the work experience as prescribed in the tender conditions. DDP also stated that the Makhado Municipality had awarded the tender to Risuna in contradiction of the municipality’s own bid evaluation committee's recommendations that Risuna’s tender was not acceptable and that the tender be awarded to DDP.

In a supplement affidavit submitted by Mr Tinus Nel of DDP Valuers, Nel elaborates on the above allegations in detail.

In regard of the tender's being obtained by fraudulent means by Siyabuselela (trading as Risuna), Nel argues that Siyabuselela forged the signature of Siyabuselela’s supposed designated valuer, Mr X (the name is withheld as the said valuer is not a respondent in the case), in their tender bid documentation. DDP Valuers went so far as to call on the expertise of an expert examiner of questionable documents, handwriting, typewriting and fingerprints, a Lt Col Cloete. Cloete is the co-founder and a fully accredited member of the former South African Association of Forensic Document Examiners. Nel stated that Cloete was asked to compare the known signatures of Mr X to that of the signature which appears on Siyabuselela’s tender bid documentation. Cloete’s report, as stated in Nel’s motion, states that the signature in the tender documents “was constructed and formed in a completely different manner from the genuine signatures and appears not to have been written by the same person.” Nel further states that on the day that Mr X supposedly signed the document, he was actually in Zambia.

As for the Makhado Municipality's taking irrelevant considerations into account or failing to consider relevant considerations in that the designated municipal valuer did not have the work experience as prescribed in the tender conditions, Nel’s motion states that Mr X, according to Siyabuselela’s tender documents, is attributed with a vast number of previous work experience with regard to compiling valuation rolls, but that his own investigation revealed that the mentioned work experience conducted at several municipalities showed that the valuations were actually done by other persons and valuers. “I respectfully point out that even the most elementary enquiries on the part of the First Respondent [Makhado Municipality] would have made it clear that Mr [X] does not possess the work experience in compiling mass municipal valuations he professed to have,” Nel’s motion states. He also argues that Mr X was “a ruse and that the Third Respondent [Mr Nkuna] did all the work in compiling the Valuation Roll.” 

With reference to the Makhado Municipality's awarding the tender to Siyabuselela in contradiction of the recommendations of the municipality’s own bid evaluation committee, he quoted the committee’s recommendation as recorded on 19 March 2013, stating: “That it be noted that tendered no. 2, Risuna Property Consultants Valuers under Tender No. 1 of 2013, was disqualified due to the reason that their trading name is not (a) registered entity name, and the fact that it submitted only one year’s financial statements and not three as required by specifications. Option 1: That the Evaluation Committee recommends that Tender No. 1 of 2013, Compilation of Makhado Municipality Valuation Roll 2014/2015 to 2017/2018 financial years be awarded to DDP Valuers (Pty) Ltd of P O Box 40408, Moreletta Park, 0044, Tel 012 369 9141, for scoring the highest points of 95% with an all inclusive amount of R1,350,000,00.”

Regarding the above, Nel argued, among other things, that the Makhado Municipality’s decision to ignore the recommendation by its bid evaluations committee “was arbitrary or capricious and/or was done male fide, alternatively for an ulterior purpose or motive.”

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Andries van Zyl

Andries joined the Zoutpansberger and Limpopo Mirror in April 1993 as a darkroom assistant. Within a couple of months he moved over to the production side of the newspaper and eventually doubled as a reporter. In 1995 he left the newspaper group and travelled overseas for a couple of months. In 1996, Andries rejoined the Zoutpansberger as a reporter. In August 2002, he was appointed as News Editor of the Zoutpansberger, a position he holds until today.

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