ActionSA and Mr Funzi Ngobeni’s media statement on GMK Civils and Mr Sabelo Mjwara dated 7 November 2023
8 November 2023
Mr Mjwara wishes to place on record that has spent many years working hard to build GMK and to penetrate a space historically reserved for the so called “big” construction firms and contractors. No one will deter him in his work. He leads a quiet and reserved life away from the prying eyes of the public and he wishes for this to remain the same.
GMK is a reputable business which employs over 500 individuals. GMK also has other work and projects elsewhere in the Republic as it is free to engage in economic activity.
ActionSA and Mr Ngobeni’s media statement is littered with false and defamatory allegations which are vehemently denied by GMK and Mr Mjwara and to this effect a formal legal notice to retract has been sent by our lawyers on 8 November 2023 to ActionSA and Mr Ngobeni.
The Beyers Naude Project of R168 994 399.23 was awarded to GMK in late 2022 after an open bid and evaluation process GMK only started work on the project in early 2023.
GMK has to date only invoiced less than 15% of the total value of the Project and therefore it denies owing any entities 30% of the total value of the Project. The Project has not been abandoned as alleged and GMK currently has personnel and equipment on site.
Mr Mjwara denies buying luxury cars with proceeds from the Project and he challenges anyone to provide proof of same.
Mr Mjwara is a South African citizen and cannot be limited to conducting business in KZN simply because he is Zulu and takes exception to ActionSA’s tribalistic utterances.
Mr Mjwara wishes to reiterate his and GMK’s commitment to excellent quality services and assures his associates, employees of GMK and anyone and everyone who GMK engages in business with that this malicious campaign of defamatory misinformation will be dealt with swiftly.
***
Mr Funzi Ngobeni Wednesday, 08 November 2023
ActionSA: Gauteng Provincial Chairperson
2 Clamart Street & Corner Menton Street
Clamart House Lower Level 3
Richmond, Johannesburg
Your Ref:
Our Ref: Mr. RN Baloyi
Dear Mr Ngobeni,
GMK CIVILS AND MR SABELO MJWARA / ACTIONSA AND MR FUNZI NGOBENI
1. We act on behalf of GMK Civils (Pty) Ltd (“GMK”) and its director Mr Sabelo Mjwara (“Mr Mjwara”).
2. Mr Mjwara wishes to place on record that he is not affiliated to any political party.
He has spent many years working hard to build GMK and to penetrate a space historically reserved for the so called “big” construction firms and contractors. He leads a quiet and reserved life away from the prying eye of the public and he wishes for this to remain the same.
3. GMK, maybe an unknown entity to you, however it is a reputable business which employs over 500 individuals. GMK also has other work and projects elsewhere.
4. Our clients furnished us with a copy of a ActionSA media statement with false and defamatory allegations dated 7 November 2023 by ActionSA’s Gauteng Provincial Chairperson Funzi Ngobeni (“Mr Ngobeni”).
5. Our clients have instructed us to respond to same as we do so below.
The Beyers Naude Project
6. Mr Mjwara was surprised to see his name and that of his company being used by ActionSA for political leverage and expediency.
7. Mr Mjwara wishes to place on record that:
7.1. the Beyers Naude Project (“the Project”) is a multi-year project awarded to GMK after an open bid and evaluation process for R168 994 399.23 (one hundred and sixty-eight million nine hundred and ninety four thousand three hundred and ninety nine rand and twenty three cents) in late 2022 and not 2019 as ActionSA insinuates;
7.2. GMK only started work on the project in early 2023;
7.3. GMK only invoices the department for work done, so far GMK has only been on site for around 10 months and has not even exhausted 15% of the total budget of the Project; and
7.4. The Project has not been abandoned as alleged by Ngobeni and GMK currently has personnel and equipment on site.
8. It is also worth noting that ActionSA did not bother to establish the true facts from GMK, Mr Mjwara and/or the Gauteng Department of Roads and Transport.
ActionSA had no care to confirm the veracity of the false allegations it peddled in its media statement or to at least consider the damage the false allegations will cause. It is also ridiculous to allege that Mr Mjwara has bought luxury cars with proceeds from the Project and he challenges you to provide proof of same.
Buyi Civils and Taochi Investment
9. Our clients also deny that Buyi Civils and Taochi Investment were not paid and demands proof of same. Our clients have provided us with copies of payments made to both entities.
10. ActionSA and/or two entities must also indicate which invoices were submitted, when and for what work were these invoices for.
GMK Civils
11. Mr Mjwara is also disheartened by the fact that ActionSA, a political party which claims to represent the interests of all South Africans chooses to highlight the fact that Mr Mjwara and his company are from KwaZulu Natal. Are business people from KwaZulu Natal precluded from conducting business in Gauteng or in any of the other seven provinces? GMK is not a tribalistic or regional entity and employs South Africans from all provinces, of all tribes and ethnicities and it will do business in all corners of South Africa as is enshrined in our constitution.
12. It is our instruction that had ActionSA taken the effort and conducted a bit of research or reached out to our clients they would know the work GMK has done in the past and continues to do. Our clients will not be apologetic about exercising their democratic and constitutional rights of participating in South Africa’s economy, it is after all, a free democratic state.
13. The said statement seeks to drive a false and pervasive narrative that GMK and Mr Mjwara have pocketed R197 million which is grossly incorrect. Strangely, ActionSA’s concern and focus is about the origins of Mr Mjwara and not the quality of work GMK produces.
14. For the record, our client(s):
14.1. have not received R200 million for the Project and know nothing about an increase of R29 million in the budget;
14.2. have not abandoned the Project;
14.3. do not owe Buyi Civils and Taochi 30% of the value of the project; and
14.4. has not splurged on cars as alleged;
15. The allegation contained in your statement are false, malicious and defamatory.
Your media statement diminishes the standing and reputation of our clients and suggests that Mr Mjwara is corrupt, a person of low morals, and is prepared to sacrifice the interests of his clients and associates in order to enrich himself. When you made the allegations, you were aware that they were false and malicious or alternatively you were reckless in failing to ascertain the veracity of the allegations before publishing them in your media statement.
16. You intended that the statements should defame our client(s), and you knew that the allegations in the said media statement would be understood by the public to mean that our client(s) are corrupt and not to be trusted with state funds.
Conclusion
17. Our clients deny the allegations contained in the said media statement as these allegations are contrived, false and defamatory and have caused severe damage to GMK and Mr Mjwara. The statement has also caused strain to longstanding relationships GMK and Mr Mjwara enjoy with other entities and business people.
18. GMK is committed to its work and Projects and will not be bullied by ActionSA and/or Ngobeni from conducting business in Gauteng.
19. In the circumstances, we are instructed to demand, as we hereby do, that ActionSA and/or Mr Ngobeni withdraw the malicious, defamatory, false and divisive allegations against GMK and Mr Mjwara, furthermore, that ActionSA and Mr Ngobeni tender a written apology to our clients, by no later than close of business 9 November 2023, failing which our clients will take the necessary steps to protect
and vindicate their rights and reputation.
20. All our clients’ rights are reserved.
Issued by Rudolph Baloyi on behalf of Sabelo Mjwara, 8 November 2023
