Criminal charges recommended against Sinvula
Investigator urges council to approach ACC
A report thrust the CEO to the axis of tenders worth a collective N$21 million, as well as another for N$550 000 monthly, which were allegedly awarded irregularly.
Grootfontein CEO Kisco Sinvula should not only face a disciplinary hearing, but the municipality must also report him to the Anti-Corruption Commission (ACC) for possible criminal charges, a law firm has recommended.
The firm, Henry Shimutwikeni & Co Inc, was enlisted to conduct investigations at the municipality amid infighting that led to Sinvula’s suspension in March, and incidents of near fist fights among officials.
The management committee instructed the law firm to investigate the allegations of misconduct against Sinvula and whether they warranted disciplinary action.
The CEO was investigated on allegations of insubordination, abuse of power, violations of the Procurement Act, forgery, negligent trading and misuse of public funds, among other things.
Accusations
In a report, the firm accused Sinvula of increasing the monthly payment for solid waste removal by Frontier Multi Industries from N$330 000 to N$550 000 without council approval. The company is on a three-year contract, the investigation found.
Sinvula also faces charges for allegedly awarding a contract to Otjomuise Construction CC for the resealing of selected roads in Grootfontein for an amount of N$5 million, in contravention of the Procurement Act 15 of 2015. The report stated that only N$3.2 million was approved by council and the line ministry for this project.
The CEO will also answer to allegations that he authorised Otjomuise Construction to use the municipality’s resealing materials “without following procedure and without authorisation”.
Further irregularities
In October 2021, Sinvula awarded a contract to NBT Quality Services CC for the construction of electrical services in Omulunga Extension 8, worth N$12.6 million, without following provisions of the Procurement Act, the report stated, and without fully revealing how this contract was handled.
Another contract handled in the same irregular way, the report suggested, is the awarding of a N$4.3 million contract to NGC Investment CC JV Geckoh 58 Pty Ltd for the continuation of construction of services in Omulunga Extension 6.
Startlingly, the report accused Sinvula of soliciting money from local developer Tulaing Properties Pty Ltd in exchange for influencing council to build a tarred road in front of the developer’s service station at the town.
“... Following the closure of a bid, you tampered with the prices of the lowest bidder, Plastic Packaging, in order to favour a certain K Hapu Investment CC, after which you solicited and/or received gratification in the amount of N$40 000,” another charge read.
“During or about 25 to 29 May 2021, you claimed [a subsistence and travel allowance] to attend a mayoral event in Katima Mulilo and simultaneously also claimed S&T to attend board meetings at the Environmental Fund on 26 May 2021, and received payment for both trips,” a fraud charge stated.
“... You instructed the finance department to increase your cellphone allowance from N$1 200 to N$1 500 without obtaining prior approval.”
The report also accused Sinvula of gross negligence, saying he procured Covid-19 equipment without following the procedures as provided for in the Procurement Act, and such materials were never delivered - despite council having paid for them.
“...You also authorised the council to make payment to a South African-based advertisement company in contravention of the Procurement Act 15 of 2015, [and] to date, that company has failed to provide any service to the council.”
Sinvula yesterday described the charges as ‘stupid’, and questioned how the media got hold of the charges before they were served to him.
“Those are stupid and unfounded allegations. They should have done better than that,” he said.
The firm, Henry Shimutwikeni & Co Inc, was enlisted to conduct investigations at the municipality amid infighting that led to Sinvula’s suspension in March, and incidents of near fist fights among officials.
The management committee instructed the law firm to investigate the allegations of misconduct against Sinvula and whether they warranted disciplinary action.
The CEO was investigated on allegations of insubordination, abuse of power, violations of the Procurement Act, forgery, negligent trading and misuse of public funds, among other things.
Accusations
In a report, the firm accused Sinvula of increasing the monthly payment for solid waste removal by Frontier Multi Industries from N$330 000 to N$550 000 without council approval. The company is on a three-year contract, the investigation found.
Sinvula also faces charges for allegedly awarding a contract to Otjomuise Construction CC for the resealing of selected roads in Grootfontein for an amount of N$5 million, in contravention of the Procurement Act 15 of 2015. The report stated that only N$3.2 million was approved by council and the line ministry for this project.
The CEO will also answer to allegations that he authorised Otjomuise Construction to use the municipality’s resealing materials “without following procedure and without authorisation”.
Further irregularities
In October 2021, Sinvula awarded a contract to NBT Quality Services CC for the construction of electrical services in Omulunga Extension 8, worth N$12.6 million, without following provisions of the Procurement Act, the report stated, and without fully revealing how this contract was handled.
Another contract handled in the same irregular way, the report suggested, is the awarding of a N$4.3 million contract to NGC Investment CC JV Geckoh 58 Pty Ltd for the continuation of construction of services in Omulunga Extension 6.
Startlingly, the report accused Sinvula of soliciting money from local developer Tulaing Properties Pty Ltd in exchange for influencing council to build a tarred road in front of the developer’s service station at the town.
“... Following the closure of a bid, you tampered with the prices of the lowest bidder, Plastic Packaging, in order to favour a certain K Hapu Investment CC, after which you solicited and/or received gratification in the amount of N$40 000,” another charge read.
“During or about 25 to 29 May 2021, you claimed [a subsistence and travel allowance] to attend a mayoral event in Katima Mulilo and simultaneously also claimed S&T to attend board meetings at the Environmental Fund on 26 May 2021, and received payment for both trips,” a fraud charge stated.
“... You instructed the finance department to increase your cellphone allowance from N$1 200 to N$1 500 without obtaining prior approval.”
The report also accused Sinvula of gross negligence, saying he procured Covid-19 equipment without following the procedures as provided for in the Procurement Act, and such materials were never delivered - despite council having paid for them.
“...You also authorised the council to make payment to a South African-based advertisement company in contravention of the Procurement Act 15 of 2015, [and] to date, that company has failed to provide any service to the council.”
Sinvula yesterday described the charges as ‘stupid’, and questioned how the media got hold of the charges before they were served to him.
“Those are stupid and unfounded allegations. They should have done better than that,” he said.
Comments
Martin Damaseb
if this allegationsare true than ome on ACC do what we are paying you to do