IDT mistrust: How minister Zikalala and his ‘comrade chair' nixed probes into CEO

News24

4 days ago

In 2023 and 2024, allegations of procurement irregularities against beleaguered IDT chief executive Tebogo Malaka were swept under the carpet by then-IDT chair Kwazi Mshengu and then-minister Sihle Zikalala.
These interventions included quashing a forensic probe facilitated by National Treasury and whitewashing an audit by Zikalala's own department.
The evidence suggests a parallel effort to stymie investigations into Malaka, clearing the way for her to be elevated from acting to permanent chief executive. Both men deny the accusation.
Documents obtained by amaBhungane suggest that former public works and infrastructure minister Sihle Zikalala and his close comrade, then-Independent Development Trust (IDT) chair advocate Kwazi Mshengu, mounted parallel efforts to shield the parastatal's chief executive from investigations into a R45-million lease scandal.
Internal communications, board minutes and draft reports show Zikalala and Mshengu clearing the way for Tebogo Malaka's elevation from acting to permanent chief executive last year despite mounting evidence of impropriety on her part.
Allegations include that Malaka concluded a lease agreement with politically exposed Moepathutse Property Investments behind the IDT board of trustees' backs and beyond her delegation of authority.
The lease, for a building adjacent to a nature reserve in Irene, Centurion, was intended to provide the IDT with new headquarters, but the IDT never took occupation, leading Moepathutse to sue for R14-million in damages.
Moepathutse is directed by former politician Thaba Mufamadi and his relative Vhonani Mufamadi - the brothers of President Cyril Ramaphosa's national security advisor Sydney Mufamadi. Moepathutse has denied wrongdoing or that it had a relationship with Malaka.
Part one of this series shows how, soon after taking over as IDT chair, Mshengu led his board in quashing a forensic investigation facilitated by National Treasury, asking Zikalala to have his Department of Public Works and Infrastructure conduct a probe instead.
Part two will examine how Zikalala tasked the department's internal auditors – but not to probe allegations against Malaka.
Treasury confirmed to amaBhungane that its investigations were 'already at an advanced stage' when Mshengu pulled the plug, but that Mshengu declined to be apprised of findings so far.
Zikalala was minister at the time, but has been deputy to the DA's Dean Macpherson since the formation of the government of national unity last July.
Macpherson removed Mshengu from the board this year.
The IDT is a multi-billion rand implementing agency of the department, responsible for social infrastructure like schools and clinics.
Mshengu and Zikalala have denied any correlation between their actions, which they maintain were justified. Malaka, who is fighting to retain her position in the face of amaBhungane exposés, did not respond to detailed questions regarding the allegations against her.
Stop-start tender
To casual observers, it may appear as though Malaka's troubles began when Macpherson took over as minister, when in fact they started two years ago under a previous IDT board.
The controversy is rooted in an early 2022 board resolution to sell the IDT's existing headquarters at an unassuming office park in Pretoria East and procure leased premises instead. Malaka was already acting chief executive at this point.
The tender process was seemingly derailed in May that year when Malaka received a protected disclosure from the head of security, Wilhelm Meyer.
An IDT affidavit filed as part of subsequent litigation with Moepathutse alleges that on an impromptu visit to Moepathutse's property, Meyer witnessed the chair of the bid specification committee arriving in the same car as someone connected to Moepathutse. This raised concern of an inappropriate relationship.
At a subsequent meeting of the bid specification committee, the chair allegedly specified criteria – a canteen, a bicycle shed, showers – that 'surprisingly fit' Moepathutse's property.
Meyer's disclosure set off a chain of events still rippling out now.
A May 2023 draft report from the board to Zikalala states that Malaka did not voluntarily bring Meyer's disclosure to the board's attention until it demanded answers from her. It also alleges that 'an extensive investigation' Malaka promised Meyer was superficial at best. Nonetheless, the tender was cancelled and a second advert placed in August 2022.
Despite the protected disclosure, Moepathutse was recommended as the winning bidder and an unsigned lease agreement provided to the board for approval in January 2023.
Board in the dark
The board was, however, unaware that Malaka had already signed a letter of award to Moepathutse in November 2022. Moepathutse signed its acceptance on the same day. The rental amounted to R45-million over five years.
The board was also unaware that in December 2022, Malaka had proceeded to sign a lease agreement despite her then-finance chief warning it was above their delegation of authority and needed board approval.
The board knew nothing of this when it was time to give their approval.
'An unsigned lease was provided in the board meeting pack, and no reference at all was made by [Malaka] on the fact that a signed lease existed,' the draft report to Zikalala read. It also recorded Malaka's excuse that she was 'not responsible for compiling the board pack'.
The board approved the lease agreement in February 2023, in the absence of then chair Zimbini Hill and despite outstanding concerns.
The following month, however, after receiving a whistleblower report deemed 'highly relevant' to the lease procurement, it rescinded its approval. It also resolved to initiate a two-part forensic investigation: into the lease procurement itself and into HR-related allegations against Malaka and other managers.
It was only after this that the board was furnished with the lease Malaka had signed months earlier without authority. It is this signed lease that Moepathutse is using to back its R14-million damages claim against the IDT.
Draft board minutes display trustees' dissatisfaction with Malaka:
'The board is concerned at the level of dishonesty as management never disclosed the signed lease of 2 December 2022. The CFO informed the acting CEO in an email on 2 December 2022 that the signed lease was beyond the delegation of the acting CEO and the CFO… The board cannot ignore the actions of management in how the lease matter was handled.'
The draft minutes and report cite evidence that Moepathutse marketed the same building at significantly lower rates than the IDT lease. Michael Sutcliffe, an ANC-aligned veteran bureaucrat then on the board, submitted documentation allegedly showing that Moepathutse had advertised an annual rental of R4 459 932 – 43% less than the IDT's first-year commitment of R7 851 178.
Moepathutse said in response to amaBhungane's questions that its price was 'the lowest of the six bids received by the IDT in response to the public tender'.
The draft report to Zikalala, which was circulated to all board members and sent to Zikalala after minor edits from the trustees, states that the board had agreed on the terms of reference for the proposed forensic investigation and that the minister was briefed in detail.
It is understood that the document submitted to Zikalala did not differ materially from the draft seen by amaBhungane.
Board 'dysfunctional'
The board now faced a dilemma. It wanted to procure a forensic firm to conduct its probe but felt it could not trust IDT management with the process.
Initially, the board considered calling for bids from the department's approved panel of firms, but that panel had expired. Questions also emerged about the board's legal authority to initiate procurement.
The board then mandated the company secretary to approach National Treasury about undertaking the investigation as a neutral third party. Treasury confirmed it could do so and the company secretary kick-started the process. Treasury appointed law firm ENS to assist.
A dispute later arose over whether the board had actually mandated the company secretary to launch the investigation or merely to explore its feasibility. This would form the basis for a reconstituted board to halt Treasury's investigation, despite records showing that both the board and minister were briefed on the investigation's timeline and costs in September 2023.
amaBhungane
Moepathutse lodged its high court claim based on the disputed lease contract that same month. Zikalala subsequently intervened with a 'fact-finding mission', citing governance concerns 'arising out of the complaints raised with my office'.
Two sources with knowledge of events say that shortly after Treasury's investigation commenced in October, Malaka allegedly refused to cooperate.
When investigators complained, board chair Hill wrote to Malaka urging her to co-operate. Malaka lodged a grievance against Hill in turn.
Soon after, Zikalala wrote to board members asking them to justify why they should not be removed 'for failure to implement the mandate of the IDT'. Hill resigned on 8 October and was followed by two more trustees.
Defending his intervention to amaBhungane, Zikalala said: 'The board members were not aligned and were clearly divided on many issues rendering the board dysfunctional. After observing this state of paralysis and that this board was nowhere near fulfilling its fiduciary duties, I wrote to all board members, not just Ms Zimbini Hill... Three board members responded while others resigned.'
Hill's resignation paved the way for Mshengu's entry. Zikalala appointed him as a trustee in November 2023, after which the board elected him as its chair.
A former kwaZulu-Natal ANC Youth League chair, Mshengu enjoyed Zikalala's trust.
When Zikalala became provincial premier in 2019, he appointed Mshengu as his education MEC. They served together until their defeat in the ANC's 2022 provincial elections, where Zikalala had stood for chair on the 'Ankole' slate with Mshengu as his deputy. Mshengu had also served as a board member on Zikalala's own charitable trust.
'Protect the board'
At his inaugural meeting chairing the IDT board towards the end of November 2023, Mshengu set the tone. According to minutes, he shared 'observations' on Treasury's investigation, questioning both its terms of reference and impartiality.
The board then resolved 'to consider taking a decision that would protect the board'; 'that the current forensic investigation should be halted'; and that Zikalala should be asked to have his department investigate Moepathutse's appointment 'specifically relating to the relationship between' Moepathutse and Malaka.
A treasury spokesperson said in response to amaBhungane questions that it had received a letter from Mshengu that December 'instructing the treasury not to proceed further…
'However, by that point, the National Treasury's investigation was already at an advanced stage. Based on the information collected, evidence obtained from imaged computers, and consultations with relevant officials, the treasury concluded its investigation.'
By that time there were already draft reports and contact had been made with the Hawks. Treasury appears not to have wanted its and ENS's work to go to waste.
According to Treasury, 'In February 2024, the National Treasury wrote to the board chairperson requesting a meeting to present the findings of the investigation as at the time of termination. The chairperson, however, declined, stating that the board would not accept any investigation reports from the National Treasury, referring to the December letter terminating the Treasury's mandate.'
Mshengu defended his actions, telling amaBhungane that when Zikalala and then-deputy minister Bernice Swarts introduced him to the rest of the board, they 'indicated that they had received complaints from Ms Malaka on how the investigation was conducted by National Treasury – which she viewed as having pre-determined outcomes. The ministry then requested the board to look into these allegations'.
The matter was considered at the next board meeting.
'The trustees who had an advantage of being seized with the matter before my arrival unanimously disavowed that they had agreed to the appointment of National Treasury and the terms of reference.
'According to the trustees, the company secretary was mandated to check if either National Treasury or [the department] can do the investigation and advise the board. The company secretary, however, proceeded to appoint treasury without reverting to the board and to have the board consider and approve the terms of reference.'
Mshengu said the decision to terminate Treasury's mandate was informed by a 'contamination of the process' and that the investigation 'was never squashed but was referred' to the department.
He said his relationship with Zikalala was public knowledge and that he had declared it to the interview panel before his appointment. He had met Malaka for the first time when he became a trustee.
Either way, the end of the treasury investigation proved a lifeline for Malaka.
As we explain in part two, Zikalala would go on to whitewash the investigation entirely, endorsing Malaka for permanent chief executive on the basis that his inquiry 'found no wrongdoing' against her.
It never, in fact, investigated her.