• A second criminal case has been opened against education department head Themba Kojana in connection with a school tablets tender.
• The DA has also reported the department and its head to the Public Protector. 
• The under-fire Kojana laughed off the allegations, saying the DA complainant was not running the department.

The DA in the Eastern Cape has laid a criminal complaint against the province's education department head, Themba Kojana, claiming he misled the Bhisho legislature about a R530m contract awarded to Sizwe Africa IT Group.

Kojana, however, laughed off the charge, saying he did not lie and that he had proof.

Sizwe Africa IT group, a subsidiary of Ayo Technology Solutions, has also denied any improper conduct in the awarding of the contract.

The DA, though, laid a complaint for the second time in three months against Kojana, in connection with the same contract.

The party had also reported the department and Kojana to the Public Protector.

The DA's spokesperson on education Yusuf Cassim opened the first case on 15 May after questioning a price tag of R160m attached to the contract for supply of 55 000 digital tablets for Grade 12 pupils in the province.

Second case

The second case was opened on Thursday after it had surfaced during a portfolio committee meeting that the supply of the tablets actually cost the department R530m.

It also emerged that the department was not buying the gadgets, but procured them on a lease agreement to be returned back to the supplier.

Cassim claimed this once again illustrated that the Eastern Cape was not only a coronavirus hotspot, but the epicentre of Covid-19 corruption.

Port Elizabeth police spokesperson Colonel Priscila Naidu said: "The DA councillor, Yusuf Cassim opened a case at the Humewood police station under the EC Legislature Act 4/2007 sect 5(2)(d) and 5(2)(e) which states that anyone with intent to deceive a house or committee produces to the house or committee any false, untrue, fabricated or falsified document as well as whether or not during examination under sect 3 wilfully furnishes the house or committee with information or makes a statement before it which is false or misleading."

Cassim said during a committee meeting held on 13 May 2020, Kojana, produced to the portfolio committee, under oath, a report stating that the costs for procuring 72 000 sim cards and the 13 broadcasting studios would be R49 million; and that acquiring 55 000 Samsung tablets would cost R123 million.

Cassim said during another portfolio committee meeting, held on 16 July 2020, Kojana, again under oath, stated that the cost of the virtual classrooms was now R133 million, which was R84 million more than the amount reported in a meeting the previous month.

"He also said the cost for the tablets was now R404 million. This is R280 million more than the amount reported in the meeting on 13 May 2020," exclaimed Cassim.

'Lied'

"Why have the amounts changed so drastically? It is clear that Kojana lied to the portfolio committee, under oath, on at least one occasion. These lies were made after the final award letter was given to Sizwe Africa on 2 April 2020, which means the final value of the contract should not have changed," said Cassim.

Cassim added: "Kojana was adamant that the contract with Sizwe Africa is the best value for money, but the retail price for the same tablet is approximately R3 279. Added extras like a sim card, software, protective accessories and related equipment can take this amount up to R4 000, at least R3 000 cheaper than what has been put before the committee."

Sizwe IT Solutions, however, maintained that the contract was above board.

Sizwe spokesperson Bongi Radebe told News24 in May that: "Sizwe Africa IT Group [Sizwe] strongly refutes any allegations as to any improper conduct in the awarding of what is a legitimate contract to the company."

Called for comment, Kojana laughed off the allegations. "This is really crazy. The R160m was for 13 virtual classes and 72 000 sim cards and R404m was for the tablets for quintile 1 and quintile 6 schools.

"I presented this to the portfolio committee. I have evidence showing that I didn't lie. He is not running my department; he just plays an oversight role."