Overview
- The Special Tribunal, which ruled Friday, set aside the award and the contract and ordered the ISF Shula Joint Venture to repay profits and cover legal costs.
- Judge Chantel Fortuin found the procurement unlawful because the bidders used a fraudulent B‑BBEE certificate, submitted an expired Letter of Good Standing, and failed financial‑capacity checks, noting an invalid B‑BBEE certificate counts as no certificate.
- Only 5.29 km of the planned 8 km wall was built, so the province issued a new tender of about R62 million to finish the remaining 2.71 km and related works.
- The KwaZulu‑Natal Department of Transport must start disciplinary action within 30 days against officials involved in the bid evaluation, while the SIU moves to recover funds using an independent expert to quantify profits for repayment.
- The wall was commissioned to curb cross‑border vehicle smuggling into Mozambique, and the SIU can refer evidence of criminal conduct to the National Prosecuting Authority, pointing to possible civil recovery and criminal cases next.