Question NW952 to the Minister of Public Enterprises

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28 July 2017 - NW952

Profile picture: Alberts, Mr ADW

Alberts, Mr ADW to ask the Minister of Public Enterprises

(1) With regard to the contracts that Transnet concluded with certain companies (names furnished) since 2009, (a)(i) what was the purpose of each contract, (ii) what services and/or goods were procured and (iii) what was the (aa) period and (bb) financial value paid out in respect of each contract and (b) if the contracts are still current, (i) what are the payments that still need to be made and (ii) under what circumstances does the payment still need to be made; (2) Whether Transnet in each case complied with the (a) Public Finance Management Act, Act 1 of 1999, as amended, and (b) Transnet’s internal tender requirements; if not, why is it not considered necessary to follow the tender process in terms of Transnet’s rules; (3) Whether the contracts were necessary in each case and (b) why the services could not be handled internally by Transnet?

Reply:

(1)(a)(i)  

 

(1)(a)(iii)(aa)

(1)(a)(i)

(1)(b)

Name

Period

Contract Purpose

Status

         

TFR Bridging plan

01-Jun-09

30-Nov-10

TFR Bridging plan

Complete

Corridors and Hubs

01-Jan-09

30-Jun-11

Corridor and Hub strategy and execution

Complete

Delivering MDS

01-Jan-12

30-Sep-12

Delivery of the Market Demand Strategy

Complete

TFR Operating model

01-Apr-12

30-Aug-13

Implementation of TFR new operating model

Complete

SWAT 1

02-Feb-13

31-Jan-14

Group capital Integration and optimisation

Completed

Maputo Corridor

01-Nov-13

31-Aug-14

Strategy, design and evaluation of Maputo Corridor

Complete

Capital Rooms and affordability

01-Apr-14

30-Dec-14

Capital structuring and affordability

Complete

TCP - Capital Room

01-Apr-14

31-Mar-15

TCP Project Factory, War Room, Business Case and Resourcing

Complete

Iron Ore

09-Apr-14

08-Apr-15

Renegotiating Iron Ore contract

Complete

Coal

09-Apr-14

30-Sep-15

Support services for coal line increase with a breakthrough of 2mt per week for a period of 17 months

Complete

NMPP

09-Apr-14

08-Oct-15

De-risking and acceleration of the New Multi-Product Pipeline (NMPP) for a period of 18 months

Complete

Defined Benefit Fund

23-Jan-14

30-Jan-16

Defined benefit consulting services

Complete

Results Management Office

15-Jan-13

13-Mar-16

Implementing and embedding a RMO facility

Complete

SWAT II

09-Apr-14

08-Apr-16

Capital optimisation and implementation support services

Complete

Transaction Advisory

15-Jan-13

18-May-16

Acquisition of 1064 locomotives tender

Complete

Manganese

09-Apr-14

08-Oct-16

Manganese execution support for a period of 30 months

Complete

General Freight Business

19-May-15

15-Nov-16

Support Transnet in increasing General Freight Business

Terminated

Liquid Fuel and Gas demand

24-Mar-15

23-Mar-18

Gas demand forecasting

Complete

(1)(a)(ii) Professional business and consulting services to support the short to medium term requirements of Transnet in the delivery of the various strategies over this timeframe, the strategies included the Four Point Turnaround plan, the Quantum leap program and now the Market Demand Strategy (MDS) as well as the Earnings Before Interest, Taxes, Depreciation and Amortization (EBIDTA) risks to the MDS as a result of the economic conditions in the past 3 years.

(1)(a)(iii)(bb) and (1)(b)(ii)

Whilst Transnet is committed to providing as transparent an account of the information requested, Transnet is bound by contractual obligations it owes to these suppliers and the disclosure of the values would be in breach of the confidentiality clauses of the contracts Transnet has with these suppliers and the disclosure of the financial information regarding these contracts would prejudice the commercial interests and rights of these suppliers. Such unauthorised disclosure may expose Transnet to legal proceedings and its directors and officers to charges of failing to comply with their fiduciary duties to the company.

(2)(a) To the best of our knowledge, it appears Transnet complied with the Public Finance Management Act, Act 1 of 1999 in all cases.

(2)(b) Transnet complied with its internal procurement policies and procedures in each case.

(3)(a) In all cases, the contracts were necessary as a result of internal resourcing constraints and the requirement for specialised skills.

(3)(b) The specialised nature of the contracts required specialist skills which were not available within Transnet. These specialised skills were only required for the duration of the contracts.

The appointment complies with paragraph 15.8 of the Transnet Procurement Procedures Manual which refers to the appointment of consultants.

 

Mogokare Richard Seleke Lynne Brown, MP

Director-General Minister of Public Enterprises

Date: Date:

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