Azra Hoosen | ah@radioislam.co.za
9 May 2025 | 09:00 CAT
3 min read

A dead rabbit and a bullet in an envelope. These are among the threats reportedly made in a tender corruption scandal involving Umgeni-Uthukela Water and a multinational construction firm. While the details are disturbing, they are not entirely unexpected in South Africa’s murky tender environment.

Moepeng Talane from Corruption Watch says these kinds of intimidation tactics are becoming more frequent. “It is a bizarre turn of events, but as bizarre as the details are in this case, they are not necessarily far-fetched from what has become common in the tender environment. You find companies having to deal with little tactics, some little, some not so little,” she said.

Talane noted extortion mafias have taken root in various sectors, including construction, waste management, and transport, particularly in urban areas. “In some cases, there have been fatalities that are related to the intimidation tactics because the statement has to be made that, because you won the tender or avoided the tender, you need to share the spoils,” she said.

This case, however, stands out. “It seems like it was before even the implementation of the project itself was in motion. It was stopped by the losing bidder who decided that the best process to embark on is the courts. But at the same time, the alleged intimidation of executives is quite worrying,” Talane added.

Adding another layer of complexity is the use of AI in court submissions. Reports suggest one side’s legal team relied on platforms like Chatgpt to generate arguments. Talane says the ethical implications will have to be considered. “If it is used nefariously and not in good faith, then it raises questions of ethics. It is one of the things that the court will have to determine in this process,” she said.

At the centre of the legal battle is the China State Construction Engineering Corporation (CSCEC), a foreign contractor challenging the outcome of the tender. Talane said that foreign companies are allowed to participate, but there are clear legal expectations. “The onus is on the company to conduct themselves in good faith and adhere to the laws in our country,” she said.

She pointed to previous instances, such as those highlighted in the State Capture Commission, where multinational companies tried to override procurement rules. “We cannot afford to establish a commission every time there is controversy. The alternative is to tighten the gaps in our procurement systems,” she said.

Talane noted that forums like the Built Environment Anti-Corruption Forum bring together government and civil society to address these issues. “Because government cannot fix problems that are within its own systems alone, it needs insights from civil society and members of the public,” she said.

On the broader vulnerabilities in the tender system, Talane stressed the need for professionalisation. “Procurement does need tightening. It needs professionalisation. It needs people who are ethical and participate for the interest of the public,” she added.

Whistleblowers remain unprotected and at risk. “The unfortunate answer is that the protection of whistleblowers is not sufficient as things currently stand. It really cannot carry on as it has in the past,” she said. She added that proposed amendments to the Protected Disclosures Act are still pending years later.

For affected communities still waiting for reliable water infrastructure, this legal saga has real consequences. “The communities that are meant to benefit from this water plant being built are going to have to wait a little longer because the case is in court. The sad part is that there would be little or no communication at all to keep them abreast,” she said.

Talane warned that scandals like this erode public confidence in government. “It becomes an issue of whether or not people are justified in not having confidence in government systems. It could be addressed by communicating with the people most affected,” she said.

When comparing this case to other major corruption scandals in South Africa’s recent history, Talane said it is all too familiar. “It is nothing new at all. The dead rabbits and bullets in envelopes do not get spoken about very often. But clearly, for whoever wanted to make those statements, they knew the message they wanted to deliver,” she said.

As the legal battle unfolds, the case raises deeper questions about the transparency of public procurement in South Africa and the extraordinary lengths some entities may go to in securing lucrative state contracts.

LISTEN to the full interview with Muallimah Annisa Essack and Moepeng Talane, Senior Writer at Corruption Watch, here.