SIU flagged the deal as unlawful, but internal legal opinions helped the City of Johannesburg protect top officials from accountability.
City of Johannesburg under Scrutiny: In a city already struggling with collapsing infrastructure and governance shortfalls, a multimillion-rand Covid-19 deep cleaning tender has ignited outrage. The Johannesburg Property Company (JPC), under CEO Helen Botes, awarded a contract to an unqualified firm during the height of the 2020 pandemic—an act the Special Investigating Unit (SIU) later deemed irregular, unconstitutional, and unlawfully executed. Despite this, Botes was not only shielded from consequences but promoted, raising urgent concerns about municipal ethics and leadership in Johannesburg.
A Pandemic Panic or Procurement Fraud?
As Covid-19 lockdowns gripped South Africa in March 2020, public entities rushed to implement emergency sanitisation protocols. JPC, a City of Johannesburg-owned entity responsible for property management, entered into an R18.6 million contract with Triple SL Tech, a very little-known IT company.
The task? Deep cleaning city-owned buildings to curb virus spread.
But the SIU later found the contract had several red flags:
- Triple SL Tech lacked experience in sanitation.
- Rates were massively inflated: JPC paid R50 per square metre for deep cleaning (the market rate was around R7).
- The firm subcontracted the work to KM Mashigo CC, confirming its lack of capacity.
SIU Report Uncovers Deep Irregularities
The SIU’s December 2021 investigation was damning. It highlighted that:
- Helen Botes, as JPC CEO, bypassed competitive bidding procedures under the guise of “emergency procurement.”
- The appointment of Triple SL Tech contravened Section 217 of the Constitution and the Municipal Finance Management Act.
- Board approval was never sought or obtained, despite the scale of the contract.
- The entire procurement process was, in the SIU’s own words, “invalid and unlawful.”
Moreover, investigators found that the sanitising contractor didn’t even conduct the cleaning—it was passed on to another company. This critical detail suggested the primary contractor may have been appointed as a front.
The Legal Opinion That Changed Everything
Instead of following the SIU’s call for disciplinary and criminal action, the City relied on a legal opinion by senior advocate Pule Seleka SC. Seleka concluded there was “no evidence” of wrongdoing, dismissing the SIU’s findings as “without basis.”
Seleka argued that Botes acted within the bounds of emergency procurement rules—and that the evidence didn’t establish any intention to defraud. Based on this, the JPC board opted not to discipline Botes. The matter was officially “closed” in 2022.
This legal opinion became a shield, not only clearing Botes but paving the way for her to become acting COO of Johannesburg, one of the city’s most powerful administrative posts.
SIU Pushes Back: “We Do Not Agree”
SIU spokesperson Kaizer Kganyago rejected Seleka’s conclusions. He reiterated that the Unit stood by its findings and had submitted affidavits, including from lead investigator Ashmira Maharaj, supporting their claims.
According to Maharaj’s sworn statement, Botes:
- Approved a company with no sanitation experience.
- Ignored the City’s own procurement protocols.
- Exploited the national State of Disaster as a blanket justification, without real necessity.
The SIU maintains that disciplinary action and criminal prosecution should follow.
Political Fallout and Criminal Charges
This case has become a lightning rod in Joburg’s volatile political climate. DA Johannesburg caucus leader Belinda Kayser-Echeozonjoku recently opened a criminal case against Botes and four others, arguing that the City “abused” public trust. She also accused the City of flouting rules by appointing Botes as COO without council ratification.
The City insists a report on executive appointments is being prepared and will soon be submitted to the council.
Double Roles, Zero Accountability?
Helen Botes still holds both her JPC CEO position and the role of acting COO. Critics say this represents a concentration of unchecked power—and a clear conflict of interest, especially given the unresolved SIU findings.
Governance experts warn that relying on internal legal opinions to negate independent investigations undermines public oversight and due process.
Governance Crisis in the Making
The R18.6 million deep cleaning scandal is more than a procurement hiccup—it exposes systemic failures in accountability, ethics, and leadership in the City of Johannesburg. The protection of officials despite serious allegations not only erodes public trust but invites further abuse of emergency procurement laws.
Unless strong corrective action is taken, Johannesburg risks setting a dangerous precedent—where internal legal advice outweighs independent investigative bodies like the SIU.
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