11/06/2026
|SIU WELCOMES SPECIAL TRIBUNAL RULING SETTING ASIDE IRREGULAR DITSOBOTLA WASTEWATER TREATMENT CONTRACT OBTAINED VIA A PHONE CALL
The Special Investigating Unit (SIU) welcomes the Special Tribunal’s judgment, which reviews and sets aside an unlawful wastewater treatment contract worth R25,884,435.75, awarded irregularly to Rensh Close Corporation after a single telephone call from the municipal technical director of the Ditsobotla Local Municipality in the North West, thereby bypassing a legitimate tender process that had already attracted 17 bids.
The Tribunal ruled Rensh Close Corporation, owned by Rashida Cader, must repay all monies due to the municipality, including profits from the contract. Cader is personally liable for the municipality's losses. Within 30 days after submitting audited financial statements, review all money received from the municipality for the unlawful contract and any reasonable out-of-pocket expenses Rensh may have paid for services, and determine how much must be paid back. They are also directed to repay all monies due to the municipality within 15 days of the final determination of this process.
The SIU’s investigation found that on 19 November 2019, Themak Consulting Civil Engineering Consultancy, owned by Edwin Andries Hapi Makola, was appointed to assess the municipality’s wastewater infrastructure and subsequently produced a technical report and a bill of quantities (BOQ) valued at R36,923,045.77.
The company also invoiced the municipality R3,882,665.37 for consultancy services.
Themak and Makola have also been ordered to repay R3,882,665.37 received under the contract, together with interest from the date of the order until final payment.
The judgment follows an SIU investigation, prompted by a referral from the Auditor-General of South Africa (AGSA), which uncovered serious procurement irregularities in the appointment of Rensh during the COVID-19 period.
The contract involved repairs and refurbishment at the Biesiesvlei/Itekeng Wastewater Treatment Plant, Blydeville Extension 1 Pump Station, Blydeville Extension 3 Pump Station, Boikhutso Pump Station and the Lichtenburg Wastewater Treatment Plant.
On 27 November 2019, the municipality advertised a tender through the National Treasury for the emergency refurbishment of dysfunctional pump stations and associated works. Several service providers responded to the tender. Rensh was not among the bidders.
However, on 7 March 2020, a municipal technical director contacted Cader by telephone and requested a quotation for repairs and maintenance of all facilities for which Themak had already produced a BOQ. Rensh subsequently submitted a quotation for R25,884,435.75.
The investigation found that the municipality abandoned an existing tender process and used COVID-19 emergency procurement rules to appoint Rensh, despite the company having neither submitted a bid nor demonstrated the required expertise.
The SIU further found that:
• The municipality had already advertised the tender and received about 17 bids before the National State of Disaster, but the procurement process favoured appointing Rensh.
• One of the bidders who was interviewed said he submitted a BOQ and attended site inspections for emergency refurbishment of four pump stations in December 2019, but never received any feedback.
• Cader’s husband had done prior work for the municipality, but Cader’s inexperienced company got the bid and contract.
• No valid written contract or appointment letter could be produced for Rensh’s appointment.
• Rensh relied on a BOQ prepared by consulting firm Themak and reduced the project value from R36,923,045.77 to R25,884, 435.75.
• The municipality paid R25,884,435.75 to Rensh in May 2020, despite work not being completed.
• AGSA inspections identified payments for work and contingency amounts totalling more than R4,314,072.63 that could not be verified on-site.
• Rensh was contracted to supply four 100kVA diesel generators to assist in maintaining the wastewater treatment plants at R250,000 each. Instead, 137 kVA generators were delivered and invoiced at R550,000 each.
• Themak falsely reported the project as complete despite generators being installed a month later, while AGSA’s Material Irregularity (MI) report identified the amount of R5,555, 650 in undelivered work.
The SIU’s investigation found evidence suggesting collusion between municipal officials and the service providers to defraud the municipality.
Judge Mashile noted that, despite significant public funds being spent, residents remained in the same “unendurable and disadvantaged situation” that the project was intended to address.
“It is deeply troubling and unfortunate that the officials of organs of State, who are often the enablers and perpetrators of the fraud against the municipalities, never face the consequences of their deeds. If they do, the public seldom knows the outcome,” he said.
In line with the Special Investigating Units and Special Tribunals Act 74 of 1996 (SIU Act), the SIU has also referred any evidence of criminal conduct uncovered during its investigation to the National Prosecuting Authority (NPA) for further action.
Under the SIU Act, the SIU is also authorised to initiate civil proceedings in the High Court or a Special Tribunal in its name to address any wrongdoing identified during its investigation in order, inter alia, to recover any losses suffered by the State.

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