{"id":4758,"date":"2017-08-22T00:00:00","date_gmt":"2017-08-22T00:00:00","guid":{"rendered":"https:\/\/amabhungane.org\/amabhungane\/stories\/making-free-in-the-free-state\/"},"modified":"2024-09-22T16:50:11","modified_gmt":"2024-09-22T16:50:11","slug":"making-free-in-the-free-state","status":"publish","type":"post","link":"https:\/\/further.co.za\/amabwp\/making-free-in-the-free-state\/","title":{"rendered":"Making free in the Free State"},"content":{"rendered":"

A top Free State official is embroiled in a conflict of interest scandal allegedly involving channelling millions in legal consulting business to his personal attorney and another lucrative contract to a firm controlled by his close \u201cfriend\u201d.<\/p>\n

It is also alleged that Sandile Msibi, who heads the Free State’s Department of Police, Roads and Transport, is using these companies for \u201cwitch-hunts disguised as disciplinary hearings\u201d to purge staff who refuse to toe the line.<\/p>\n

A departmental insider accused him and his chief director of corporative services, Norman Selai, of insisting on legal consultants for disciplinary hearings to \u201ccapture the department…\u201d (See ‘Witch-hunts disguised as disciplinary hearings’below.)<\/p>\n

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According to the Public Servants Association, Msibi’s department \u2013 which controls a R1-billion annual budget \u2013 is the only one in the province to insist on outside legal representation at disciplinary hearings.<\/p>\n

An amaBhungane investigation last year revealed that one of the law firms that landed lucrative legal work with Msibi’s department, Lebea and Associates Attorneys, has represented Msibi in private legal matters on two separate occasions.<\/p>\n

According to departmental invoices leaked to amaBhungane, Lebea was paid R7-million by the department between 2013 and 2016.<\/p>\n

Another beneficiary firm is Beetle Breeze Trading, which was paid more than R1-million by the department between 2014 and 2015 for legal services related to disciplinary hearings.<\/p>\n

The company registration database shows that the sole director of Beetle Breeze is Agnes Puleng Tsupa, the wife of advocate Robert Tsupa, allegedly Msibi’s close friend.<\/p>\n

However, Robert Tsupa, who also attended the disciplinary hearings, signed all Beetle Breeze invoices and emails to the department<\/p>\n

In an email statement last year, Msibi defended the Polokwane-based Lebea, saying that it gave advice to his department on employment and construction law.<\/p>\n

\u201cThey assist in investigating acts of misconduct, formulate charges and prosecute the disciplinary hearings,\u201d he said.<\/p>\n

However, the relationship appears to be closer than this. amaBhungane is in possession of a letter<\/a> from Roxo Law addressed to Lebea regarding the transfer of property to the Msibi Family Trust, which refers to the trust as Lebea’s client.<\/p>\n

When amaBhungane inquired about his relationship with Msibi last year, Justice Lebea, director of the law firm, said his company’s involvement was merely to inquire when the registration of the transfer of the property would take place, as there had been a long delay in finalising the matter.<\/p>\n

Lebea added that his firm’s role was insignificant and that no payment was required. He said the service was extended to \u201cmembers of the public who require basic legal advice\u201d.
\nMsibi echoed Lebea’s explanation that he \u201cmerely asked\u201d the law firm to make inquiries to Roxo.<\/p>\n

Lebea and Msibi denied any conflict of interest or that the law firm had represented Msibi in a private matter.<\/p>\n

AmaBhungane has also established that Lebea is representing the Msibi Family Trust<\/a> in an illegal eviction case at the Land Claims Court.<\/p>\n

According to the court file, one of Msibi’s former employees alleges that the family destroyed his shack and evicted him illegally from Msibi’s farm in Heilbron in the Free State.<\/p>\n

Lebea suggested that the departmental sources making allegations against Msibi had an ulterior motive, in that they were facing disciplinary charges.<\/p>\n

He said that amaBhungane’s questions reflected \u201ca self-created and disingenuous perception of those department officials who believe that by attempting to discredit our firm and the HoD, charges of serious acts of misconduct against them will automatically disappear\u201d.<\/p>\n

According to amaBhungane’s source, Msibi’s relationship with Tsupa \u201cgoes way back,\u201d as they both hail from Parys and are close friends.<\/p>\n

AmaBhungane has established that Tsupa was a legal consultant at Dihlabeng (Bethlehem) municipality while Msibi was municipal manager in 2009. He also served as a legal consultant for Msibi’s current department before landing the job of municipal manager at Maluti a Phofung in QwaQwa in 2015.<\/p>\n

Tsupa confirmed that he was hired as a legal consultant for the department, but denied any personal relationship with Msibi.<\/p>\n

Beetle Breeze invoices obtained by amaBhungane show that Msibi’s department paid the company, despite certain irregularities.<\/p>\n

These included:<\/p>\n