R26 of 2018 – Ethekwini Metropolitan Municipality

1. The procurement of, or contracting for, goods or services by or on behalf of the Municipality in terms of tender No WS-6656 and Tender no WS-6749 and payments made in respect thereof in a manner that was a) not fair, competitive, transparent, equitable or cost-effective; b) contrary to applicable i) legislation; ii) manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury or the relevant Provincial Treasury; or iii) manuals, policies, procedures, prescripts, instructions or practices of or applicable to the Municipality; c) conducted by or facilitated through the improper or unlawful conduct of i) employees or officials of the Municipality; or ii) the service providers appointed in terms of Tender No WS-6656 or Tender No WS-6749 or any other person or entity to corruptly or unduly benefit themselves or any other person or entity; or d) fraudulent and any related unauthorized, irregular or fruitless and wasteful expenditure incurred by the Municipality or the State.
2. Any non-performance, incomplete performance or defective performance by the service providers appointed in terms of the tenders in para 1.
3. Any unlawful or irregular conduct by employees or officials of the Municipality, the service providers or any other person, in relation to the allegations set out in para 1 and 2 above.