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By Loyiso Sidimba 
33m ago
Johannesburg – Supreme Court Vice President Raymond Zondo laughed Tuesday at testimony from former SA Airways board member and former SAA Technical (SAAT) chairman Yakhe Kwinana on the state seizure commission of inquiry.
Kwinana, a certified public accountant, denied having discussed the details of a R1.2 billion contract to supply aircraft components to SAAT with a director of a black economic empowerment arm of the winning bidder.
JM Aviation was the local partner of the US company AAR Corporation, which obtained the R1.2bn contract with SAAT to supply aircraft components in 2016.
Kwinana admitted that he had several conversations with Vuyo Ndzeku, director of JM Aviation, while the lucrative tender was open.
SAAT’s supply chain management rules stated that a bidder should be disqualified for being in contact with employees and members of the board of a SAA subsidiary.
Test lead Kate Hofmeyr suggested that AAR Corporation and JM Aviation should have been removed, however Kwinana argued that she could not say with certainty that they should or should not have been removed.
The commission had previously heard that the former SAAT procurement chief Nontsasa Memela provided JM Aviation with the bidding documents.
However, Kwinana stated that he was not really concerned about his conversations with Ndzeku as it was not about the tender.
“How do you know it was not operational? I thought you weren’t talking to him about anything specific about JM Aviation, ”asked Hofmeyr.
Kwinana replied: “If you were operating at JM Aviation, you would basically be talking about JM Aviation.”
Judge Zondo laughed and pleaded with the witness:
“Madam Kwinana, are you sure that is the answer you are giving?”
Kwinana’s answer was yes. “I don’t take it (meeting Ndzeku) as irregular. In fact, we were not talking about the offer. My conversation about the offer would end in the boardroom, ”he explained.
Kwinana denied that AAR Corporation and JM Aviation had access to it and Memela in circumstances where no other bidder did.
“Ndzeku and I had a lot of things that we were talking about. He was not involved in (JM Aviation) operations, ”he insisted.
According to Kwinana, she and Ndzeku have many companies outside of SAA and that he did not speak to her in his capacity as director of JM Aviation.
Kwinana also objected to being asked by Hofmeyr if he was among the SAAT board members and management who were invited and dined by AAR Corporation while the tender was still open.
“This food and drink and the effects on the bidding, I really don’t see any meaning about it. I don’t like the term “drink and dine”. It seems as if ngoku (now) I am a hungry person and I am happy now that I am having dinner. There is no chair, ”he said.
Judge Zondo was again amused by Kwinana’s response, who suggested that Hofmeyr should say that they visited AAR Corporation.
Kwinana also did not recall demanding that the agreement between SAA, AAR Corporation and JM Aviation be mailed to him and having been at the meeting where the contract was signed despite evidence suggesting that it was.
Judge Zondo asked why Kwinana was involved in submitting contracts when that was the job of management.
Kwinana said he had received a letter from the SAA president stating that the Treasury wanted to audit the contract.
Political Bureau
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