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Tribunal Quashes KZN School Toilet Tender, Orders Repayment and Action Against 16 Officials

An audited accounting will determine the profit forfeiture, with the education department opening disciplinary cases.

Overview

  • Special Tribunal Judge Chantel Fortuin set aside the R2.5 million June 2020 contract for 72 chemical toilets and declared the spending irregular.
  • KwaZulu-Natal education MEC Sipho Hlomuka was ordered to institute disciplinary action against 16 officials implicated in the unlawful award.
  • Findings included pre‑tender contact, more than 100% mark‑ups, false declarations, backdated documents and undeclared conflicts by director Pat Lebenya.
  • Huluwethu (Pty) Ltd must file audited accounts and repay profits, with interest and legal costs, after claims for services not rendered and unlawful extensions were identified.
  • Teacher bodies such as NAPTOSA welcomed the ruling and called for recovery of funds, while debarment under the new Procurement Act remains unavailable until the law takes effect.