A scathing report from the Auditor-General suggests that the National Department of Health (NDoH) appeared to deliberately evade legislation and regulations to grant a little-known company, Brainwave Projects SA, a contract for R122m.
This was after Brainwave tried unsuccessfully to bill the department for earlier work done under its foreign technology partner via the Department of Communications & Digital Technology (DCDT).
The NDoH contract was to provide satellite-based internet connections to 800 health facilities countrywide, reports amaBhungane in News24.
In September last year, Brainwave was given the lion’s share of a three-year tender for this contract worth R153m.
The department seemingly went to great lengths to avoid prescribed processes, resulting in the AG’s report and which led to a senior departmental official to approach the Hawks.
Brainwave touts itself as the official public sector partner of an Abu Dhabi company named YahSat, which was visited by a South African Government delegation led by Deputy President Paul Mashatile in May this year and including former Minister of Communications Mondli Gungubele.
It led to the signing of an MoU between YahSat and the SA Government.
Brainwave was tax non-compliant at the time.
The AG’s report states that there was no business case for the contract in the first place and that some of the health facilities listed in the NDoH tender had already been serviced by the contract under the DCDT.
It appears that until last year, the NDoH had obtained internet connectivity services for 388 health facilities under an “informal agreement” between the DCDT and YahClick, a subsidiary of YahSat.
According to the AG, this procurement was also not above board. It was under this agreement with the DCDT that Brainwave attempted to instead invoice the NDoH for R34.9m (seemingly on behalf of YahClick), although no formal contract existed at that stage between NDoH and Brainwave.
A senior Health Department official said they had reported the matter to the Hawks this year.
Brigadier Thandi Mbambo, spokesperson for the Hawks, said they were assessing this information and working with “relevant stakeholders to determine the angle of the investigation”.
Irregular procurement
According to the AG’s final management report, the department appointed Brainwave (and another company named ABT Telecoms) against National Treasury regulations, the State Information Technology Agency (SITA) Act, and the Public Finance Management Act (PFMA).
Treasury regulations require government departments to procure certain IT and telecommunication services through SITA.
The NDoH, however, ignored this, following its own tender process.
Everything the NDoH has and will spend on the subsequent contract will now potentially be declared irregular expenditure, the AG said. The department said it had spent R85m on the contract so far.
A curious timeline of events shows the NDoH seemingly pushed through the deal with Brainwave in 2023, after the department, through its Director-General Dr Sandile Buthelezi, failed to acquire Treasury’s approval for payment of the impromptu R34.9m invoice in 2022.
The NDoH had originally tasked SITA with procuring these services in October 2022, but when SITA recommended the use of its own internal panel of service providers to fast-track the process, the department opted to procure the services itself.
This was against legislation and regulations, the AG report notes.
In response, the NDoH disagreed with the AG’s findings, claiming that using SITA was not mandatory in this case and that the agency had caused delays.
The AG report was scathing, arguing that the NDoH’s handling of the tender process and contract displayed a lack of planning, governance structure and contract management, as well as the “lack of a business case for implementation of the direct internet access”.
This, the AG report said, was evident in the department’s requests to SITA, with one letter requesting services for 388 locations for 24 months, another letter requesting the same for 241 locations for three years, and the final tender advertisement asking for 800 locations for three years.
“We are unable to reconcile the request for 352 sites by the DG (noted on the letter) to the 388 sites referred to above, including the 800 sites mentioned on the NDoH 10- 2023/24 tender,” the AG report says.
The increase in the number of sites represented a scope change and would mean a totally new tender. “We cannot therefore use the tasking request as the same procurement process for the 800 sites.
“The 800 sites are a different procurement process from the tasking request to SITA,” pointed out the report.
It added that based on the increased number of sites in NDoH 10-2023/24, “it appears management realised the tasking request to SITA did not cover all sites in the health sector”.
“Going back to SITA with a different number of sites would mean the process should start from scratch, which management wanted to avoid. This may indicate there was no proper planning/analysis of the department requirements before a request was initially sent to the SITA.”
In other words, the department’s complaint that SITA was delaying matters really stemmed from the department itself shifting the goalposts.
“Based on the above, the finding will remain as a material non-compliance to section 7(3) of the SITA Act, National Treasury regulation 16A6.3(e) and paragraph 3.3 of Practice Note 5 of 2009/10. Amounts spent and still to be spent on the (contract) would potentially result in irregular expenditure being incurred,” the AG report notes.
The failed invoice
As mentioned, the scramble to appoint Brainwave seemingly followed the NDoH’s failure to obtain authority to pay an invoice for R34.9m. The invoice came from Brainwave, despite the work having been done by YahClick under the DCDT.
Although amaBhungane sought clarity from the NDoH about the invoice, the department failed to provide any.
However, documents show that the department, through Buthelezi, tried to push the payment through a year before appointing Brainwave on its own contract. It is unclear whether that payment was eventually authorised.
In August 2022, senior Health Department officials wrote to Buthelezi requesting him to sign off on a letter asking National Treasury for permission to pay R34.9m – the same amount Brainwave invoiced. The letter, however, only mentions YahClick.
While a letter to National Treasury from Buthelezi was subsequently drafted, National Treasury told amaBhungane it had no record of the communication.
The letter from Buthelezi asked Treasury for permission to pay the invoice for services rendered from June 2020 to August 2022, and for a one-year extension of the contract.
According to the letter, the DCDT had continued with the project beyond its deadline and requested the service provider “not to switch off services due to non-payments” before Brainwave handed its invoice to the NDoH.
Connections
Apart from its relationship with YahSat, Brainwave also seems to have indirect political ties with ATM, the ANC breakaway associated with former Free State Premier Ace Magashule.
Brainwave is directed by Nkanyiso Kevin Khanyile (28) and Sanele Tumelo Khanyile (25). Their father, Thamsanqa Khanyile, is the company’s executive chairperson.
Brainwave’s address on the Companies and Intellectual Property Commission (CIPC) is registered in the name of Thamsanqa and his wife, Vuyisile Tebogo Khanyile.
Vuyisile Khanyile is a member of the ATM while Thamsanqa is a senior member of the 12 Apostles Church in Christ, which is closely aligned with the party.
Brainwave is an official public sector partner of YahSat, also known as Al Yah Satellite Communications Company, and is an Abu Dhabi Securities Exchange listed company.
YahSat is a subsidiary of Mubadala Investment Company, a state-owned global investment and asset management firm that serves as one of Abu Dhabi’s sovereign wealth funds.
The aforementioned delegation of government officials who visited YahSat in Abu Dhabi in May had their visit facilitated by Brainwave “to discuss closer co-operation in the satellite communications sector”, according to a statement by the company.
After the visit, YahSat’s chief commercial officer, Sulaiman Al Ali, and DCDT DG Nonkqubela Jordan-Dyani, signed a memorandum of understanding between Yahsat and the South African Government later that month.
“The agreement focuses on a broad range of areas for collaboration including partnering on satellite and ICT-related services, satellite broadband connectivity, Internet of Things, geospatial applications, high-altitude pseudo satellites, and earth observation satellites," YahSat said in a press statement at the time that has since been deleted.
“It also creates a framework for exploring the potential of building ground stations in South Africa to operate satellites, collaboration on manufacturing of devices and antennae, skills exchange and investment.”
Right of reply
NDOH spokesperson Foster Mohale told amaBhungane they had approached SITA after the contract with the DCDT had expired and internet services were discontinued, due to the project not being handed over to the department.
“The department approached SITA to continue with the provision of services to avoid disruptions or a gap, but unfortunately the process took longer than anticipated. This resulted in facilities experiencing downtime due to service providers terminating the internet services, which prompted the department to go out on its own tender,” Mohale said.
He added that while the NDOH had appointed Brainwave and ABT Telecoms, it “has no contract with the subcontractors of the two companies”. This means there is no formal agreement between YahSat as a subcontractor and the NDOH.
“It is not correct to suggest the department had a specific service provider in mind before the appointment and still undertook normal procurement process,” he said.
Mohale said the department could not yet confirm that the full contract amount – which, he said, was R153 200 000 – would be determined irregular expenditure.
While the AG said the department included locations in its tender that had already been serviced, Mohale said the new service provider upgraded this technology because it “was not compatible with the newly installed broadband solution/technology that was powered by the facilities’ electrical supply and did not run independently on the solar power”.
“The department has viewing rights on the portal for monitoring uptime/downtime and performance of the solution as part of ongoing monitoring of the implementation of the contract.”
He also noted that the 388 sites from the previous project did not represent the total number of public health facilities and that the department had added more locations in its tender “to ensure no facilities are left behind”.
“The department dismisses any unsubstantiated allegations suggesting the contract was irregularly awarded, or unethical behaviour by the officials involved. Anyone with evidence of maladministration is urged approach the relevant independent anti-corruption agencies for investigation. The Department remains open for scrutiny on this and any other matter.”
Mashatile’s spokesperson, Keith Khoza, did not respond to amaBhungane’s request for comment on how Mashatile was acquainted with Thamsanqa Khanyile, how he became aware of YahSat, and what due process went into the signing of the MOU.
Neither Brainwave, YahSat, the DCDT or ATM responded to amaBhungane’s requests for comment.
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