Inside SAPS paper trail behind Nkhuoa’s suspension over Cat’s tender

A disciplinary case against acting deputy national commissioner for human resource management, Lt-Gen Lineo Nkhuoa, has brought renewed scrutiny to the controversial R360-million Medicare24 contract, but documents seen by Sunday World suggest the agreement she is accused of improperly signing was recommended by SAPS’s legal advisers after what they described as extensive internal consultation.

Nkhuoa was served with a notice of alleged misconduct in May, in which SAPS accused her of signing a service level agreement linked to the attempted murder accused businessman Vusi “Cat” Matlala without the necessary authority.

The notice alleges that on October 17, 2024, Nkhuoa signed the agreement “without the delegation to do so” and in contravention of supply chain management delegations and provisions of the Public Finance Management Act.

However, according to SAPS delegation documents, the power “to perform any legal act for the Service or to act in any legal capacity on behalf of the Service” is delegated to a functionary at the level of Deputy National Commissioner. The provision is likely to come under scrutiny in the Medicare24 matter because Nkhuoa was serving as acting deputy national commissioner when the service level agreement was signed.

She is also accused of signing a letter that allegedly misrepresented the bid specifications. The disciplinary notice refers to a letter signed on October 25, 2023, in which she allegedly stated that the bid specifications were formulated in a manner that was fair, transparent and objective and without bias to prospectivebidders.

But an internal SAPS memorandum attached to the agreement paints a more complex picture of how the document reached her desk.

The memorandum was prepared by SAPS legal services and signed by Maj-Gen D Beukes, head of legal support: resources.

It records that the proposed agreement had undergone extensive engagement with officials responsible for the implementation of the contract.

The document further records that the agreement had already been signed by a Medicare24 representative.

The memorandum concludes with a recommendation that the agreement be signed. “In view of the above, the signing of the agreement attached as Annexure ‘A’ is recommended.”

The recommendation has become a focal point in internal discussions about the disciplinary case because it suggests that legal advisers, end users and contract managers had already considered the contents of the agreement before it was presented for signature.

Nkhuoa has not publicly responded to the allegations.

SAPS national spokesperson Brig Athlenda Mathe said, “We cannot comment on ongoing criminal and departmental investigations.  It should be noted that SAPS as the employer will not divulge any information regarding disciplinary management processes that are in progress.”

 

 

 

 

  • Lt-Gen Lineo Nkhuoa, acting deputy national commissioner for human resource management, faces a disciplinary case linked to the R360-million Medicare24 contract.
  • She is accused of improperly signing the controversial contract.
  • Documents reviewed by Sunday World indicate the contract was recommended by SAPS’s legal advisers.
  • The legal recommendation followed what was described as extensive internal consultation within SAPS.
  • The controversy has renewed scrutiny over the handling and approval process of the Medicare24 contract.
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A disciplinary case against acting deputy national commissioner for human resource management, Lt-Gen Lineo Nkhuoa, has brought renewed scrutiny to the controversial R360-million Medicare24 contract, but documents seen by Sunday World suggest the agreement she is accused of improperly signing was recommended by SAPS’s legal advisers after what they described as extensive internal consultation.

Nkhuoa was served with a notice of alleged misconduct in May, in which SAPS accused her of signing a service level agreement linked to the attempted murder accused businessman Vusi “Cat” Matlala without the necessary authority.

The notice alleges that on October 17, 2024, Nkhuoa signed the agreement “without the delegation to do so” and in contravention of supply chain management delegations and provisions of the Public Finance Management Act.

However, according to SAPS delegation documents, the power “to perform any legal act for the Service or to act in any legal capacity on behalf of the Service” is delegated to a functionary at the level of Deputy National Commissioner. The provision is likely to come under scrutiny in the Medicare24 matter because Nkhuoa was serving as acting deputy national commissioner when the service level agreement was signed.

She is also accused of signing a letter that allegedly misrepresented the bid specifications. The disciplinary notice refers to a letter signed on October 25, 2023, in which she allegedly stated that the bid specifications were formulated in a manner that was fair, transparent and objective and without bias to prospectivebidders.

But an internal SAPS memorandum attached to the agreement paints a more complex picture of how the document reached her desk.

The memorandum was prepared by SAPS legal services and signed by Maj-Gen D Beukes, head of legal support: resources.

It records that the proposed agreement had undergone extensive engagement with officials responsible for the implementation of the contract.

The document further records that the agreement had already been signed by a Medicare24 representative.

The memorandum concludes with a recommendation that the agreement be signed. “In view of the above, the signing of the agreement attached as Annexure ‘A’ is recommended.”

The recommendation has become a focal point in internal discussions about the disciplinary case because it suggests that legal advisers, end users and contract managers had already considered the contents of the agreement before it was presented for signature.

Nkhuoa has not publicly responded to the allegations.

SAPS national spokesperson Brig Athlenda Mathe said, “We cannot comment on ongoing criminal and departmental investigations.  It should be noted that SAPS as the employer will not divulge any information regarding disciplinary management processes that are in progress.”