TWO YEARS AND COUNTING: NPA Still Silent On Prosecuting Minister Ntshavheni Over R2.5m 'Repugnant' Tender

Mpho Dube

Oct 1

2 min read

Minister in the Presidency Khumbudzo Ntshavheni, who oversees the State Security Agency, is yet to be prosecuted two years after the Hawks handed over a docket for a decision over a R2.5m tender scandal when she was Municipal Manager of Ba-Phalaborwa Municipality in 2009. The tender was described by a High Court judge as "repugnant and devastating."

By Mpho Dube, Editor-in-Chief

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Pretoria —Two years after the Hawks handed over the docket, the National Prosecuting Authority (NPA) is yet to decide whether to prosecute Minister in the Presidency Khumbudzo Ntshavheni over a R2.5 million tender corruption scandal described by a High Court judge as "repugnant and devastating."

According to a report by News24 today, the case remains stuck at the office of the Director of Public Prosecutions, despite the Hawks confirming in January 2025 that their investigation was complete and ready for prosecution.

Ntshavheni, who oversees State Security Agency (SSA), is accused of fraud and corruption during her tenure as Municipal Manager of Ba-Phalaborwa Local Municipality in Limpopo in 2009.

The scandal stems from July 2009, when Ba-Phalaborwa Municipality awarded a contract initially worth R584,000 to Makwande Chartered Accountants and Business Advisors to prepare the municipality's 2008/09 financial statements.

The Auditor-General later flagged massive irregularities. The contract value ballooned to more than R2.3 million — later quantified as R2.5 million — even though only R268,681.40 was actually paid to the firm.

Court evidence revealed the company did not submit its bid before the deadline, and the award bypassed all procurement procedures. At the time, Ntshavheni was the only official authorised to award such contracts.

She is accused of not only extending the scope of Makwande's contract but also personally negotiating the price increase despite knowing the bid was late.

In 2020, High Court Judge Gerrit Muller, in a scathing judgment, called the entire process "repugnant and devastating" and ordered that it be investigated by the Hawks and handed to the NPA for prosecution.

A 2022 High Court judgment again declared the tender non-compliant with the Constitution's principles of fairness, transparency and cost-effectiveness.

In January 2025, Hawks spokesperson Brigadier Thandi Mbambo confirmed: "The investigation is complete, and the docket has been forwarded to the National Prosecuting Authority for a decision on whether to prosecute."

Almost two years later, there is no decision.Ntshavheni has denied wrongdoing, calling the allegations "politically motivated" and an attempt to tarnish her reputation.

The delay has sparked fury from opposition parties. The DA, EFF and ActionSA have all demanded that President Cyril Ramaphosa relieve Ntshavheni of her duties, arguing a Minister overseeing state security cannot serve while under serious criminal investigation.

DA MP Dianne Kohler Barnard said: "We call on the NPA to not sit on its hands. South Africans deserve better than the growing list of crooks in Cabinet."

The ANC Secretary-General Fikile Mbalula has defended Ntshavheni, saying there is "nothing" to respond to.