The North West Provincial Government has welcomed yesterday, Wednesday 26 October 2011 ruling by the Mafikeng High Court dismissing with costs an urgent court application for an interdict against North West Premier Mme Thandi Modise by Down Touch Investments. (Pty) Ltd.
The company had sought an interdict against the Premier and the Head of Department of the Department of Public Works, Roads and Transport as first and second respondents on the grounds that the Premier is allegedly interfering in the administrative affairs of the department as they relate to the re-evaluation of the tender awarded for the rehabilitation of the Koster-Lichtenburg road.
It has always been Premier Mme Thandi Modise’s view that when allegations of serious impropriety are made against a provincial department, the provincial administration or North West Government, she has material interest as head of the executive. This is unfortunately misconstrued by Down Touch Investment and its lawyers to be interference.
We wish to reiterate that the involvement of the Premier and resolve to re-evaluate the tender was based on a court application by Globul Roads that had alleged irregularities in the awarding of the tender. The application had cited the Premier as the first respondent therefore her interaction with officials of the department was solely because she needed to establish facts on the basis of which she could as head of government decide whether she could defend the action or not.
The investigation is expected to provide clarity on the lawful nature of the contract awarding process and has got nothing to do with the favouring of one service provider over the other. The Premier’s brief to the investigation team includes but not limited to establishing if the award was fair, transparent and cost effective.
In a new twist, the SABC’s reported that the investigations by an independent consultant has found no wrongdoing by the suspended acting Head of Department. That is not only a distortion but a desperate attempt to still pursue a view that the Premier acted unlawfully in this matter.
The report only deals at this stage with the processes followed in awarding the tender by the department. The second phase of the investigation will reveal if there are people who acted outside the bounds of the law and, if so, what action should be undertaken.
The Provincial Government will not be intimidated or deterred to seek the truth in this matter. It is regrettable that people deem it fitting to litigate against government in order to frustrate an investigation that is necessary in order to disprove or confirm allegations of serious irregularities that have been made.
Enquiries:
Lesiba Moses Kgwele
Tel: 018 391 0140
Cell: 083 629 1987
Fax: 018 381 0328
Email: lkgwele@nwpg.gov.za
