IN THE COMMISSION OF INQUIRY INTO GOVERNANCE AND ... - Robinson Statement 10.10.1… · to assist the Commission with its Inquiry. 5. The Office of the Ombudsman was notified on or

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IN THE COMMISSION OF INQUIRY INTO GOVERNANCE AND ADMINISTRATION AT SARS

HELD AT PRETORIA

For and on behalf of:

GARTNER INC

and

GARTNER SOUTH AFRICA (PTY) LTD

INDEX TO THE STATEMENT OF JOHN GREGORY ROBINSON

NO. DOCUMENT PAGE NO. 1. Statement of John Gregory Robinson 1 – 16

2. Annexure 1 17 – 18

3. Annexure 2 19

4. Annexure 3 20

5. Annexure 4 21 – 22

6. Annexure 5 23

7. Annexure 6.1 24 – 26

8. Annexure 6.2 27 - 28

9. Annexure 7 29

10 Annexure 8 30 – 32

11 Annexure 9 33 – 37

12 Annexure 10 38 – 41

13 Annexure 11 42 – 46

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14 Annexure 12 47

15 Annexure 13 48 – 51

16 Annexure 14 52 - 54

17 Annexure 15 55 – 57

18 Annexure 16 58 – 61

19 Annexure 17 62 – 63

20 Annexure 18 64 – 65

21 Annexure 19 66 – 67

22 Annexure 20 68 – 69

23 Annexure 21 70 – 112

24 Annexure 22 113 – 200

25 Annexure 23 201 – 244

26 Annexure 24 245

27 Annexure 25 246

28 Annexure 26 247 – 257

29 Annexure 27 258 – 261

30 Annexure 28 262 – 283

31 Annexure 29 284

32 Annexure 30 285 – 286

33 Annexure 31 287

34 Annexure 32 288 – 296

35 Annexure 33 297 – 305

36 Annexure 34 306 – 307

37 Annexure 35 308 – 309

38 Annexure 36 310 – 312

39 Annexure 37 313 – 315

40 Annexure 38 316 – 323

41 Annexure 39 324 – 326

42 Annexure 40 327 – 332

43 Annexure 41 333 – 334

44 Annexure 42 335– 346

45 Annexure 43 347 – 355

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46 Annexure 44 356 – 408

15/319829_1 1

IN THE COMMISSION OF INQUIRY INTO GOVERNANCE AND ADMINISTRATION AT SARS

HELD AT PRETORIA

For and on behalf of:

GARTNER INC

and

GARTNER SOUTH AFRICA (PTY) LTD

STATEMENT OF JOHN GREGORY ROBINSON

I, the undersigned

JOHN GREGORY ROBINSON

do hereby state that:

1. I am an adult male attorney, currently employed by Gartner Inc (Gartner)

as a Vice President Ombudsman, having its place of business at Gartner,

Inc., 56 Top Gallant Rd, Stamford Connecticut, 06902.

2. For purposes of this statement, I have collated all relevant information and

communication relating to Gartner's appointment for Phase 1.

3. The Office of the Ombudsman is dedicated to openly and assertively

addressing issues of analytical independence, accuracy and integrity

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through compliance with Gartner’s Principles of Independence and

Objectivity.

4. Given the robust set of email evidence collected during the investigation I

believe this Statement and disclosure of documents to be the best vehicle

to assist the Commission with its Inquiry.

5. The Office of the Ombudsman was notified on or about 14 September

2018 of certain requests and serious allegations emerging from the

Commission of Inquiry into Governance and Administration at SARS,

relating to work performed by Gartner for SARS, during the period 2015 –

2017. As a consequence, I was sent by Gartner to investigate the facts

underlying these allegations and to ensure that Gartner provides the

Commission with its full cooperation.

RESEARCH AND ADVISORY VS CONSULTING

6. Based on corporate records, Gartner has been a business partner of

SARS since roughly 1996, primarily providing Research and Advisory

Services to SARS.

7. It is for present purposes important to differentiate Gartner's Research and

Advisory Services from its other services, which include its Consultancy

Services. It should be noted that all Gartner business is built around its

core Research and Advisory Services.

8. Gartner Research and Advisory Services provide access to published

technology research and an Analyst community through an online portal.

Typically this is a self-service model, but based on the type of license it

can be enhanced with a concierge level of experience. Through Research

and Advisory Services Gartner does not provide legal or investment

advice, custom research, or deliverables pursuant to an SOW.

9. During the period in question, SARS contracted for both Research and

Advisory and Consultancy Services from Gartner. It is my understanding

that Gartner's Research and Advisory Services are not the current focus

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of the Commission's attention and as such these services will not be

addressed further in this statement.

GARTNER SOUTH AFRICA

10. It is important to note that only in 2017 did Gartner incorporate a local

branch in South Africa. Based on Gartner’s corporate records, prior to

2017 Gartner maintained a presence in South Africa only through local

sales agents. Gartner’s Research and Advisory Services agent was IT

Management Advisory Services (Pty) Ltd (ITMAS), and the Consultancy

Services agent was Zimeleyo (Pty) Ltd (Zimeleyo). Both agents were

owned and operated by (and ultimately for the benefit of), Rene Jacobs

(the Agent).

11. In 2017 when Gartner incorporated a local branch in South Africa, the

agency agreement with the Agent was allowed to lapse. The Gartner

business was from that moment onwards, conducted through Gartner

South Africa (Pty) Ltd (Gartner SA).

12. Although employees in South Africa of the Agent identified themselves

with Gartner email addresses and Gartner titles prior to 2017, they were in

fact either employed by ITMAS or Zimeleyo. For example, Neville

Willemse (Willemse) was an employee of Zimeleyo up and until Gartner

incorporated Gartner SA and then entered into a direct employment

agreement with Gartner.

13. Prior to 2017, the ordinary course of conduct was, once a particular

consultancy opportunity had been identified by Zimeleyo, Gartner would

conclude the necessary agreements with the local client and the

appropriate Gartner corporate entity (for example with SARS, Gartner

Ireland was the contracting entity). Gartner would then execute what is

termed a stringer agreement with Zimeleyo (and often other individuals or

local service providers) to supplement the rather small core consultancy

team in South Africa. All work performed in South Africa was carefully

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managed, guided and overseen by various individuals located at other

international offices.

INVESTIGATION

14. As mentioned above, I was dispatched by Gartner’s Office of the

Ombudsman to South Africa in order to investigate (and interrogate) these

serious allegations. Accordingly, I conducted interviews and a forensic

review of available repositories of documentation.

15. What follows is a chronological account of the documentary evidence

uncovered during my Gartner investigation.

CHRONOLOGY

16. On 9 December 2014, Mr Michael Mavuso, SARS’ then Acting Senior

Manager: ICT Category, sent an email to Ernest Montwedi confirming that

the CPO of SITA has agreed in principle to assist. See email chain in the

annexure marked “1”.

17. As is further evident from Annexure 1, later that day, Ms Dioka replied to

Mavuso (and Montwedi) confirming that we are getting sorted in this

regard…they have a transversal 1183 for IT Services.

18. On 10 December, Willemse recorded a calendar invite titled TOR for

Patrick. Note that, TOR is a commonly known Gartner acronym for Terms

of Reference. See annexure marked “2”.

19. In an email also dated 10 December, Patrick Monyeki (Monyeki) confirms

to Willemse "Attached please find some of the thoughts I captured when

interacting with the client. Can we perhaps please try and clean-up and

enhance these terms of reference so that we can have a complete TOR

for tomorrow's meeting with the client". See annexure marked “3".

20. [The investigation did not reveal any other attendees for the meeting listed

in Willemse’s calendar. Furthermore, we have not been able to establish

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any evidence indicating Willemse’s attendance at the referenced “client”

meeting on11 December 2014].

21. In addition, Monyeki asks Willemse for "draft I strategy review rfp's" which

he (Monyeki) intended amending. The document attached by Monyeki [to

annexure 3] contained the referenced “thoughts" captured from Monyeki's

interaction with the "client". Importantly, at the end of the “Project

Background” it records that, “SARS opted to engage professional services

provider to assist in assessment of the status of both its IT Strategy as

well as the Modernization project.” See annexure marked as "4".

22. Shortly thereafter, a Mr Longwe, a Research and Advisory Sales

Associate employed by the Agent, responds to Monyeki's email, indicating

that Willemse would respond to his request. See annexure marked “5”.

[Note that it is standard Gartner business practice for a Research and

Advisory Sales Associate to be involved in the initial intake of a Consulting

opportunity. This assists in reconciling internal territory and relationship

alignment against the Research and Advisory Services with the client.]

23. [Much later that evening, Willemse responds with his input on the draft

document. As part of the investigation, I have undertaken a comparison

using the Microsoft Word "merge and compare" function which shows the

additional sections included in the revised "rfp" document. See annexures

marked “6.1” and “6.2”. "]

24. A calendar entry was found in Willemse's diary for the following day titled

"Patrick Monyeke Proposal". Again, the investigation did not reveal any

other attendees for the meeting listed in Willemse’s calendar. See

annexure marked "7".

25. The following day (11 December 2014) Monyeki responds to Willemse

with his further suggestions, and also states "… I think we need to

structure the outcomes into several phases of delivery. With the

suggested role of overseeing shared between management and

professional consultants (Gartner)." The email concludes with "The client

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also suggested that they can meet with us next Monday or Wednesday.

So we have enough time to polish the document". No further draft was

attached to the email. See annexure marked "8".

26. [The investigation has been unable to establish whether any

representative of Zimeleyo attended the referenced meeting on 15 or 17

December 2014 with SARS.]

27. Willemse responds later on 11 December 2014, incorporating further

amendments to the draft scoping document. He concludes by stating that

"Coming out of the roadmap will be additional initiatives that we could

assist them with…". See annexure marked "9".

28. Later that day Monyeki responds to Willemse's draft, emphasising the

need for a focus on the Modernisation aspect of the IT review, indicating

that this is something that the "Commissioner" is particularly interested in.

See annexure marked "10".

29. Later that day, Willemse informs Monyeki that he would not be able to

attend the meeting the following week but that one of his senior

consultants would "stand in" for him. He makes reference to a

teleconference "during the day" in order to finalise the terms of reference

and the agenda for the "call with the client next week". See annexure

marked "11".

30. [Based on the face of the documents, it appears that at the very latest on

11 December 2014, it was known to SARS / Monyeki's client that he

(Monyeki) was speaking to Willemse in an effort to set up a call with the

client.]

31. It would appear that a meeting request was sent out by Annalie Frost, a

Research and Advisory Account Executive employed by the Agent, for a

meeting initially requested by SARS at their offices (see email from Frost

to Mavuso of 19 December on page 42). The level of seniority of members

attending on behalf of SARS was notable. Mavuso was listed as the

contact person, and the meeting invite was addressed to Mavuso, Jonas

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Makwakwa, Dan Zulu, and Barbara Robertson (a Research and Advisory

Manager employed by the Agent). This meeting request is attached

marked "12".

32. On 19 December 2014, Frost delivered an email to Willemse including a

debrief of the meeting with SARS. She attached a copy of the SARS

briefing note. Here are the salient points from Frost's email (see

attachment marked “13”):

32.1 The appointment was politically sensitive and highly confidential;

32.2 The project had tight timelines and a draft proposal was to be delivered

for Zulu's review before he went on leave on 4 January (2015);

32.3 The delivery date for the project was end of March;

32.4 Makwakwa (the then Group Executive: Audit at SARS) would be the

project sponsor. He was acting COO and had been at SARS for many

years.

32.5 Zulu was to be responsible for the project;

32.6 Mavuso was to be the "key procurement contact: for all

correspondence through the proposal / negotiation phase";

32.7 The responsible procurement executive was Ms Dioka (who had been

included in the discussion on the SITA 1183 list from about 10

December 2014), see annexure marked “1”;

32.8 It was recorded that "They communicated that they are not engaging any other suppliers for this piece of work, only Gartner. We have

been chosen for our objectivity. They want us to contract some

companies from their preferred list to ensure adherence to their

empowerment policies. They want to retain information and knowledge

after completion of the exercise. Once we listed what we will do they

will provide a list of preferred companies." [Emphasis my own.]

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32.9 It was also mentioned that the SITA master services

agreement/transversal contract could be used to expedite the

procurement process. Reference was then made to media reports

about recent resignations and suspensions at SARS. This email is

attached marked "13".

33. Later that day, Leonie McManus (an individual responsible for

"benchmarking" at Zimeleyo) ("McManus") responds to Frost with various

queries, and Willemse in turn responded to McManus's earlier email

stating that "we wrote most of the terms of reference he provided you. My

concerns are working with other companies and then the demographics of

our consultants". See annexure marked "14".

34. [Upon a facial analysis of the above referenced documents it appears that

as of December 19th –

34.1 A decision had been taken (by SARS) not to follow a competitive

bidding process;

34.2 Gartner had been selected due to its objectivity;

34.3 Willemse had assisted Monyeki with the drafting of the Terms of

Reference;

34.4 Willemse did not want to work with any "other companies"; and

34.5 the demographics of the team was important. ]

35. On 22 December 2014, Willemse responds with comments to Frost's

email of 19 December. Of particular importance are the following:

35.1 He was concerned about the end of March deadline;

35.2 To do justice to a project like this, a lot of information was to be

gathered which would also include interviewing people;

35.3 Regarding the note referring to the SARS list for the appointment of an

empowered partner, Willemse replied "…not sure what capabilities

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these companies will have and what role they will play but it can also

potentially slow the project down – we have had such an experience

and the level of skills given to us left a lot to be desired".

35.4 In response to the comment: "We should include CV's of the proposed

consultants and they stressed that we should be sensitive to

demographics",

Willemse replied: "Really concerned about this. Our approach will be to

use the best possible resources to ensure we meet SARS expected

outcomes. The team could be a mix of local and international skills and

trying to adhere to demographic requirements might not allow for the

best team to be put forward."

35.5 Regarding the note relating to the suspensions and resignations,

Willemse raised the following concern: “Is this exercise being used to

support their suspension of the above two people because this could

result in us being asked to stand up in court etc to justify our analysis,

assuming the analysis does support the suspensions. I don’t think

Gartner normally want to get involved in such projects." See annexure

marked "15".

36. On 22 December 2014, Frost forwarded a copy of the electronic version of

the terms of reference document which had been requested from SARS

on 19 December 2014. See annexure marked "16".

37. [As part of the investigation, a comparison of the terms of reference

document sent by Mavuso on 22 December 2014 and the terms of

reference document sent by Willemse to Monyeki on 11 December 2014.

See annexure marked "17".]

38. On 29 December, Frost delivers an email to Mavuso (and others) where

she states, inter alia:

38.1 That Gartner (Zimeleyo) holds a level 1 B-BBEE rating, attaching a

copy of the community outreach programme;

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38.2 The demands of Gartner's international consulting practice required

them to keep a small local team which was not racially diverse. It was

stated that only the current local team and some international subject

matter experts would be used on the project.

38.3 Complementing the team with people they had not worked with

previously was a high risk and one which they were not comfortable to

accept. See annexure marked “18”.

39. Later that day, Frost refers Mavuso to the existing SITA master consulting

services agreement against which SARS could contract. This was a

response to an earlier mail from Mavuso to Frost asking about the SITA

contract in order to accelerate the engagement. See annexure marked

"19".

40. On 29 December 2014 Frost forwards an email from Zulu to McManus,

addressing a technical query that she had addressed to Zulu earlier in the

day. See annexure marked "20".

41. On 29 December, Willemse sends a draft proposal to Frost stating that he

was awaiting further information. Importantly, that proposal included

certain non-Gartner/Zimeleyo employees in the teams. See annexure

marked "21".

42. It is also important to note that the email string includes a SARS internal

conversation commencing on 9 December 2014 between Mavusi,

Montwedi, and Dioka where they engage the CPO of SITA, Sizwe Majavu,

to discuss transversal 1183. This predates the 10 December 2014

outreach by Monyeki to Willemse and Longwe. See annexures marked

“21” and “3”.

43. At 10h54am on 1 January 2015, Willemse sent an email to Frost stating

that he had "left Patrick Monyeki out at this stage because he is not

responding to my calls plus he may be one of the people SARS want to

get us to include on the Project". See annexure marked "22".

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44. Later that day, Frost sent the proposal to SARS for purposes of the

meeting proposed for the following day. One will note that Monyeki's name

has been removed from the proposal. See as annexure marked "23".

45. A calendar entry dated 2 January 2015 indicates that a meeting was

scheduled for that date. Invited attendees to this meeting were Zulu,

Makgama, Mahura, Kamogelo Mampane, Frost and Willemse. See

annexure marked "24".

46. In an email dated 5 January 2015, Willemse informs Frost that the

proposal had been "QA'ed" by Gartner. [The term QA is an acronym that I

understand to mean that the proposal had been "quality assessed" by

Gartner]. See annexure marked "25".

47. In an email dated 5 January 2015, Erick Smith, an Executive from SARS

Corporate Legal Services, requested a copy of Gartner's "standard

agreement", which was sent to him that same day. See annexure marked

"26".

48. In an email dated 9 January 2015, Mavuso asked Frost to consider a

number of items relating to the proposal submitted on 1 January 2015. In

addition to an apparent increase in the scope of work to be conducted by

Gartner, Mavuso asked for clarity around the pricing model leading to the

then current quoted amount. See email chain in annexure marked “27”.

49. Later that day, Willemse addresses an email to Mavuso, requesting

further information regarding Mavuso's earlier email, particularly with

regard to the modernisation project and the contractual agreements

constituting it. See email chain in annexure marked “27”.

50. On 12 January 2015, Monyeki forwards to Willemse an email containing

the CV's of proposed Rangewave resources to be used on the Project. In

this email, Monyeki suggested incorporating the Rangewave resources

into the existing structures envisaged by Gartner, so as to avoid a Gartner

"stream" and a Rangewave "stream". See annexure marked "28".

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51. On 13 January 2015, Willemse, in an email to Michael Lithgow, indicated

that he needed to speak with him "rather urgently" regarding the Project.

He stated that "they" (presumably SARS) had "requested a larger scope

which is great as it increases our revenue but also made a request for us

to work with a black empowerment company." See annexure marked

"29".

52. In an "internal" email communication from Lithgow to certain individuals at

Gartner, he confirms that "There is an issue that needs your input. S

Africa has a policy of black empowerment. This means that a company

has to demonstrate that it is providing opportunities to black majority

population. Unless we can demonstrate this it means that our bid can be

vetoed. The client has proposed that we use a small company that is led

by an ex government CIO whom Neville knows. This would add the

necessary "proportion" of Black Empowerment. This impact on us would

be a 70/30 split ($700k Gartner/ $300k Partner) – 70% of the work by

Gartner and the remainder by the Partner. Neville has vetted them and he

is content that they are qualified to do the work". See annexure marked

"30".

53. A diary entry for 21 January 2015 was found which appeared to relate to

an "ICT strategy" meeting. Attendees included Mavuso, Frost, Makwakwa,

Mampane, Dioka, Zulu, Smith, Sheryl-Lee Lagardien, Willemse and Jack

Matthews. See annexure marked "31".

54. On 22 January 2015, Frost addresses an email to Mavuso, attaching a

copy of the SITA Master Consulting Services Agreement dated 2005.

[Based on the face of the communication, the previously suggested

approach of utilising the 2005 agreement for the Gartner engagement was

no longer appropriate.] Frost asked Mavuso to sign the attached version

of the Gartner Master Consulting Services Agreement attached to that

email. See annexure marked "32".

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55. On 26 January 2015, Mampane addresses an email to Willemse

indicating that "Michael" (Mavuso) will be in touch. See email chain in

annexure marked “33”.

55.1 That email was the last email in a string which indicates that on 23

January 2015, Frost delivered to Mavuso an updated consulting

proposal which appeared to differ from the previously submitted

proposal. In reply, Willemse explained that the difference between the

two proposals was due to the "additional scope requested around the

modernisation project which is substantially more work and we had to

include a number of resources to still try and meet the timelines".

55.2 In response Mampane asked what would need to be done to remain

within the scope of the original proposal, to which Willemse responded

that in light of the discussions reverting back to the original scope would

not provide SARS with the level of analysis as described by

"Makwakwa" at the previous meeting.

55.3 Notably, on 23 January 2015 Willemse informed Mampane and Mavuso

that "SARS also requested that we contract a company from your

preferred list to ensure adherence to your empowerment policies which

we have done by including resources from Patrick Monyeki's company

Range Wave".

55.4 Further queries are advanced by Mampane to Willemse relating to the

differences between the two proposals, to which Willemse responded

on 24 January 2015.

55.5 On 26 January 2015, Mampane asked Willemse to revert regarding the

question around the empowered partner and whether their resources

had been included in the latest project structure. In addition, Mampane

requested information relating to the working relationship between the

two companies.

55.6 In a further email dated 26 January 2015, Willemse explained to

Mampane and Mavuso that four RangeWave resources had been

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incorporated into the project team, the cost of which was R3 002

600.00 excluding VAT and that these resources had been included in

the project structure. Willemse further explained that:

"We need these additional resources on the total project to cover

all the diverse streams that we will be assessing so it is not

something we can do away with and there is no additional

financial impact. The working arrangement is that Gartner will

head up the streams plus we have one of the senior consultants

who will also oversee the total project and then the RangeWave

consultants will be members of the various streams. The financial

arrangement is that RangeWave will invoice Gartner for their time

so SARS will only receive invoices from Gartner Ireland Ltd."

This entire email string is found in annexure “33”.

56. On 25 January 2015 Monyeki addressed an email to Willemse thanking

him for a copy of the proposal sent to SARS. Monyeki indicated that the

proposal would allow him to plan appropriately for RangeWave on the

assignment. He further requested information relating to utilisation and

scheduling of the RangeWave consultants, as well as the total value of the

work to RangeWave Consulting. See annexure marked "34".

57. Later that day, and in the same email string, Willemse responds to

Monyeki explaining the basis upon which RangeWave would be engaged

on the project and further undertook to submit a spreadsheet the following

day. See annexure marked "34".

58. In an email dated 26 January 2015, Willemse delivers to Monyeki a copy

of a spreadsheet detailing the RangeWave fees. Willemse indicated that

the RangeWave fees had been marked up "slightly" to cover the admin

charge. See annexure marked "35".

59. In an email dated 29 January 2015, Mavuso thanked Willemse for the

explanation provided to him, in an email dated 28 January 2015, relating

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to the breakdown of fees to be charged by Gartner for this particular

project. See annexure marked "36".

60. In an email dated 29 January 2015, Willemse sends to Monyeki a copy of

a "SARS resourcing matrix", setting out the splitting of the project into five

streams. See annexure marked "37".

61. On 30 January 2015, Gartner Ireland Limited and Billy Ledwaba, Coltrane

Nyathi, Mackson Aphane and Andy Eksteen, signed respective copies of

the schedule 2 to the Gartner Ireland Limited Master Stringer Consultancy

Agreement. See annexure marked "38".

62. In an email dated 30 January 2015, Willemse discussed with Eksteen the

topic of appropriate allocation and the fact that Eksteen believed his

experiences lie more in the "purchased" system than the "development

world". See annexure marked "39".

63. On 2 February 2015, Willemse sends a copy of the non-disclosure

agreements signed by Gartner Ireland Limited to Mampane, Mavuso and

Smith. See annexure marked "40".

64. In an email dated 3 February 2015, Willemse responds to Mavuso,

copying Smith, explaining a few aspects of the agreement to be concluded

with SARS. In particular, he states (under the third bullet of his email) "In

terms of subcontractors, we are not actually subcontracting but we are

complying with SARS' request to work with the BBBEE company for this

project". In addition, Willemse stated that "The clause on invoicing is a

problem as we invoice on completion of milestones and not on a monthly

basis". In closing Neville suggested that legal teams should discuss the

further queries as this may delay the kick-off of the project. See annexure

marked "41".

65. On 4 February 2015, Frost sent an email to Smith, Mampane, Mavuso

and Willemse, attaching a copy of the Master Consulting Services

Agreement incorporating the changes suggested by "Matji" earlier that

morning. She further stated that Willemse was then looking into

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"accommodating your pricing and payment terms into the statement of

work". Based on the face of the document, the changes requested flowed

from the concerns raised by Smith in his email of 4 February 2015. See

email chain in annexure marked “42”.

66. On 5 February 2015, the Master Consulting Services Agreement is signed

by SARS, as well as the "Statement of Work" relating to the Phase 1- IT

Assessment. See annexures marked "43" and "44" respectively.

JOHN GREGORY ROBINSON

1

From: Annalie FrostSent: Monday, December 29, 2014 1:11 PMTo: Michael Mavuso; Cheryl HarrisCc: Neville WillemseSubject: RE: SITA contact

Michael, our operations manager is back in the office on the 2nd Jan. She will confirm the agreement. There is a SITA master (consulting services) agreement in place against which SARS can contract. I will send you the signed copy next week. Annalie

From: Michael Mavuso [mailto:[email protected]] Sent: 24 December 2014 02:35 PM To: Annalie Frost Subject: FW: SITA contact Good day Annalie Kindly confirm which SITA contract are you participating in, so that we can accelerate our engagement. The answers from Mr. Zulu are attached. We own the equipments as confirmed in the answer. Kind regards Michael B Mavuso (MCIPS - MBA) Acting Senior Manager : ICT Category Tel: 012 422 4497 Cell: 082 455 7024 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa

From: Mogogodi Dioka Sent: 09 December 2014 01:13 PM To: Ernest Montwedi; Michael Mavuso Subject: RE: SITA contact Bra Mike, we are getting sorted in this regard. I managed to speak to Sidney and they have a transversal No 1183 for IT Services. Please check it out. Thanks MOGOGODI

From: Ernest Montwedi Sent: 09 December 2014 08:52 AM To: Michael Mavuso Cc: Mogogodi Dioka; [email protected] Subject: RE: SITA contact Good day

17

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I managed to speak to Sizwe and he is awaiting your call Regards Ernest

From: Michael Mavuso Sent: 09 December 2014 08:40 AM To: Ernest Montwedi Cc: Mogogodi Dioka Subject: SITA contact Good morning Ernest The CPO of SITA has agreed in principle to assist. I tried several times to check Mr Sizwe Majavu and his cell phone goes to voice mail. Kindly check for me someone else I can speak to in SITA, please. Kind regards Michael B Mavuso (MCIPS - MBA) Acting Senior Manager : ICT Category Tel: 012 422 4497 Cell: 082 455 7024 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa

Please Note: This email and its contents are subject to our email legal notice which can be viewed at http://www.sars.gov.za/Pages/Email-disclaimer.aspx

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Subject: TOR for Patrick

Start: Wed 12/10/2014 3:30 PMEnd: Wed 12/10/2014 5:00 PM

Recurrence: (none)

Organizer: Neville Willemse

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From: Patrick MonyekiSent: Wednesday, December 10, 2014 11:11 AMTo: Neville WillemseCc: Walter LongweSubject: IT Strategy review rfpAttachments: Rfp - it assessment.docx

Hi Neville Thanks for agreeing to see me this morning. Attached please find some of the thoughts I captured when interacting with the client. Can we perhaps please try and clean-up and enhance these terms of reference so that we can have a complete TOR for tomorrow's meeting with the client. I am available on the phone throughout the day to discuss your thoughts on this. Also if you do not have enough time today, please send me some draft I strategy review rfp's which I can then amend. Regards Patrick

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PROJECT BACKGROUND In September 2014 the new SARS commissioner was appointed. Upon his appointment, the new commissioners’ mission has been to drive a transformation agenda for SARS, based on clean corporate governance culture. The transformation agenda of the Commissioner is also dependent on how SARS utilizes IT to achieve its business goals.

This focus on corporate governance has not escaped the IT function within SARS. In this regard the SARS commissioner has put the Modernization project temporary on hold pending an assessment and review of the IT Strategy.

Key questions that needs to be answered are:

How aligned is the IT strategy with the SARS business goals?

What policies and procedures are in place for IT risk management?

Are there business cases in place for all the IT projects?

Are the promised business benefits by implemented IT projects being realized?

Are proper procurement process followed in procuring of IT services to ensure that SARS gets value for money?

What has been spent to date on the Modernization project and what is still to be spent?

In order to address the above questions, SARS opted to engage professional services provider to assist in assessment of the status of both its IT Strategy as well as the Modernization project.

IT STRATEGY AND MODERNIZATION PROJECT REVIEW

The primary goal of the IT Strategy and Modernization project review is twofold; to determine if the IT strategy is aligned to business goals and thus ensuring that

expectations for IT are met and IT risks are mitigated.

to determine the likelihood of Modernization project achieving its objectives At the end of the project, the SARS Commissioner expects there will be clarity on the following:

• The status of the IT strategy alignment with the Sars business goals • The progress report on how IT is delivering against the IT strategic plan. • An IT HR assessment outlining the status of HR capability of the current IT staff,

development plans, succession plans, • A status of the efficiency and effectiveness of the c u r r e n t SA R S IT infrastructure • The status of Project Management capability within SARS. Project management delivery

within SARS is on time budget and within quality. • A status on IT risk management within SARS and how significant risks are being

mitigated. • A status on how IT management is has put processes, technology and assurance in

place for information security to ensure that: – Business transactions can be trusted – IT services are usable, can appropriately resist attacks and recover from failures – Critical information is withheld from those who should not have access to it

• A status on the monitoring measures of the Modernization project to verify that objectives

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are being achieved and to measure performance to date so as to eliminate surprises. • A status on full scope of what has been delivered to date on Modernization project

against the plan, what costs have already been incurred to date against the original plan, •

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From: Walter LongweSent: Wednesday, December 10, 2014 11:20 AMTo: Patrick Monyeki; Neville WillemseSubject: RE: IT Strategy review rfp

Hi Patrick, Noted and Neville will respond to you. Kind Regards Walter 082 492 3893

From: Patrick Monyeki [mailto:[email protected]] Sent: Wednesday, December 10, 2014 11:11 AM To: Neville Willemse Cc: Walter Longwe Subject: IT Strategy review rfp Hi Neville Thanks for agreeing to see me this morning. Attached please find some of the thoughts I captured when interacting with the client. Can we perhaps please try and clean-up and enhance these terms of reference so that we can have a complete TOR for tomorrow's meeting with the client. I am available on the phone throughout the day to discuss your thoughts on this. Also if you do not have enough time today, please send me some draft I strategy review rfp's which I can then amend. Regards Patrick

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From: Neville WillemseSent: Wednesday, December 10, 2014 11:59 PMTo: 'Patrick Monyeki'Cc: Walter LongweSubject: RE: IT Strategy review rfpAttachments: Rfp - it assessment.docx

Hi Patrick, apologies for only getting this through now but I had other client commitments today and finished rather late. I have added some points which are based on a framework we use when doing these kinds of assessments. Let me know if you are happy with that and we can then just finalise the outcomes section. Thanks. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level

“This e-mail message, including any attachments, is for the sole use of the person to whom it has been sent, and may contain information that is confidential or legally protected. If you are not the intended recipient or have received this message in error, you are not authorized to copy, distribute, or otherwise use this message or its attachments. Please notify the sender immediately by return e-mail and permanently delete this message and any attachments. Gartner makes no warranty that this email is error or virus free.”

From: Patrick Monyeki [mailto:[email protected]] Sent: 10 December 2014 11:11 AM To: Neville Willemse Cc: Walter Longwe Subject: IT Strategy review rfp Hi Neville Thanks for agreeing to see me this morning. Attached please find some of the thoughts I captured when interacting with the client. Can we perhaps please try and clean-up and enhance these terms of reference so that we can have a complete TOR for tomorrow's meeting with the client. I am available on the phone throughout the day to discuss your thoughts on this. Also if you do not have enough time today, please send me some draft I strategy review rfp's which I can then amend. Regards Patrick

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The goals of the IT Strategy and Modernization project review should cover four main areas

■ Strategy and Business Alignment to determine if the IT organization’s goals, plans, operations and capabilities are

aligned to business goals and thus ensuring that expectations for IT are met and IT risks are mitigated.

Review whether the technology investments have achieved the expected return Are the business service levels being met or exceeded Determine the likelihood of Modernization project achieving its objectives

■ Organisation and Skills Is the IT organization structured to deal with the challenges of the evolving

marketplace Recruit, develop, and retain appropriately skilled resources Leverage outsourcing partners where warranted

■ Technology and Architecture Can the technology infrastructure adequately service current and future business needs Investment in enabling technologies to support strategic business objectives Reduce IT maintenance costs Adoption of technology across the organization

■ Management and Governance Are business objectives satisfied in the face of IT budget pressures Do management practices balance speed, cost and quality Is value maximized from vendors and partners

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Is there room to improve project delivery success At the end of the project, the SARS Commissioner expects there will be clarity on the following:

• The status of the IT strategy alignment with the SARS business goals • The progress report on how IT is delivering against the IT strategic plan. • An IT HR assessment outlining the status of HR capability of the current IT staff,





• A status on the monitoring measures of the Modernization project to verify that objectives are being achieved and to measure performance to date so as to eliminate surprises.

• A status on full scope of what has been delivered to date on Modernization project against the plan, what costs have already been incurred to date against the original plan,

•

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PROJECT BACKGROUND In September 2014 the new SARS commissioner was appointed. Upon his appointment, the new commissioners’ mission has been to drive a transformation agenda for SARS, based on clean corporate governance culture. The transformation agenda of the Commissioner is also dependent on how SARS utilizes IT to achieve its business goals. This focus on corporate governance has not escaped the IT function within SARS. In this regard the SARS commissioner has put the Modernization project temporary on hold pending an assessment and review of the IT Strategy. Key questions that needs to be answered are:

• How aligned is the IT strategy with the SARS business goals? • What policies and procedures are in place for IT risk management? • Are there business cases in place for all the IT projects? • Are the promised business benefits by implemented IT projects being realized? • Are proper procurement process followed in procuring of IT services to ensure that SARS gets value

for money? • What has been spent to date on the Modernization project and what is still to be spent?


IT STRATEGY AND MODERNIZATION PROJECT REVIEW The primary goalgoals of the IT Strategy and Modernization project review is twofold; should cover four

main areas

■ Strategy and Business Alignment • to determine if the IT strategy isorganization’s goals, plans, operations and

capabilities are aligned to business goals and thus ensuring that expectations for IT are met and IT risks are mitigated.

• to determineReview whether the technology investments have achieved the expected return

• Are the business service levels being met or exceeded • Determine the likelihood of Modernization project achieving its objectives

■ Organisation and Skills • Is the IT organization structured to deal with the challenges of the evolving

marketplace • Recruit, develop, and retain appropriately skilled resources • Leverage outsourcing partners where warranted

■ Technology and Architecture • Can the technology infrastructure adequately service current and future business needs • Investment in enabling technologies to support strategic business objectives • Reduce IT maintenance costs • Adoption of technology across the organization

■ Management and Governance • Are business objectives satisfied in the face of IT budget pressures

Formatted: Not Expanded by / Condensed by

Formatted: Indent: Left: 0.59", Hanging: 0.2"


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• Do management practices balance speed, cost and quality • Is value maximized from vendors and partners • Is there room to improve project delivery success

• At the end of the project, the SARS Commissioner expects there will be clarity on the following:

• The status of the IT strategy alignment with the SarsSARS business goals • The progress report on how IT is delivering against the IT strategic plan. • An IT HR assessment outlining the status of HR capability of the current IT staff,

development plans, succession plans, • A status of the efficiency and effectiveness of the c u r r e n t S A R S IT infrastructure • The status of Project Management capability within SARS. Project management delivery






•

Formatted: Font: Times New Roman, 12 pt

Formatted: Normal, Right: 0", Space Before: 0 pt, No bullets or numbering

Formatted: Font: 10 pt

Formatted: Body Text, Indent: Left: 0.17"

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Subject: Patrick Monyeke proposal

Start: Thu 12/11/2014 9:00 AMEnd: Thu 12/11/2014 2:00 PM

Recurrence: (none)

Organizer: Neville Willemse

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From: Patrick MonyekiSent: Thursday, December 11, 2014 12:28 AMTo: Neville WillemseCc: Walter LongweSubject: Re: IT Strategy review rfp

Hi Neville Many thanks for the input. I think we are on the right track. We need to refine the outcomes section. I think we need to structure the outcomes into several phases of delivery. With the suggested role of overseeing shared between management and professional consultants (Gartner). There is also concern from the client about two issues that they want us to include in the scope.: 1) Intellectual Property protection 2) Securing SARS data, ensuring data integrity as well as ensuring that back-up systems or the disaster recovery systems are upto standard and periodically tested The client also suggested that they can meet with us next Monday or Wednesday. So we have enough time to polish the document. Regards Patrick On Wed, Dec 10, 2014 at 11:58 PM, Neville Willemse <[email protected]> wrote:

Hi Patrick, apologies for only getting this through now but I had other client commitments today and finished rather late. I have added some points which are based on a framework we use when doing these kinds of assessments. Let me know if you are happy with that and we can then just finalise the outcomes section. Thanks.

Kind Regards,

Neville Willemse

General Manager

Gartner Africa

Tel: +27 11 803 4706

Fax: +27 11 803 4705

Mobile: +27 82 570 4997

e-mail: [email protected]

Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level

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From: Patrick Monyeki [mailto:[email protected]] Sent: 10 December 2014 11:11 AM To: Neville Willemse Cc: Walter Longwe Subject: IT Strategy review rfp

Hi Neville

Thanks for agreeing to see me this morning. Attached please find some of the thoughts I captured when interacting with the client. Can we perhaps please try and clean-up and enhance these terms of reference so that we can have a complete TOR for tomorrow's meeting with the client.

I am available on the phone throughout the day to discuss your thoughts on this. Also if you do not have enough time today, please send me some draft I strategy review rfp's which I can then amend.

Regards

Patrick

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and automatically archived by Mimecast SA (Pty) Ltd, an innovator in

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Software as a Service (SaaS) for business. Mimecast Unified Email Management ??? (UEM) offers email continuity, security, archiving and compliance with all current legislation. To find out more, contact Mimecast.

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From: Neville WillemseSent: Thursday, December 11, 2014 1:17 PMTo: 'Patrick Monyeki'Cc: Walter LongweSubject: RE: IT Strategy review rfpAttachments: Rfp - it assessment.docx

Hi Patrick, I have changed the outcomes slightly. My suggestion would be that the approach we would follow is to Gather strategic and business requirements information Perform IT assessment Analyse current state findings Develop future state recommendations Develop roadmap and associated initiatives Deliver final report and presentation to the Commissioner

Coming out of the roadmap will be additional initiatives that we could assist them with so the first phase is really the review and recommendations via the roadmap. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


From: Patrick Monyeki [mailto:[email protected]] Sent: 11 December 2014 12:28 AM To: Neville Willemse Cc: Walter Longwe Subject: Re: IT Strategy review rfp Hi Neville Many thanks for the input. I think we are on the right track. We need to refine the outcomes section. I think we need to structure the outcomes into several phases of delivery. With the suggested role of overseeing shared between management and professional consultants (Gartner).

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There is also concern from the client about two issues that they want us to include in the scope.: 1) Intellectual Property protection 2) Securing SARS data, ensuring data integrity as well as ensuring that back-up systems or the disaster recovery systems are upto standard and periodically tested The client also suggested that they can meet with us next Monday or Wednesday. So we have enough time to polish the document. Regards Patrick On Wed, Dec 10, 2014 at 11:58 PM, Neville Willemse <[email protected]> wrote:


Kind Regards,

Neville Willemse

General Manager

Gartner Africa

Tel: +27 11 803 4706

Fax: +27 11 803 4705

Mobile: +27 82 570 4997



“This e-mail message, including any attachments, is for the sole use of the person to whom it has been sent, and may contain information that is confidential or legally protected. If you are not the intended recipient or have received this message in error, you are not authorized to copy,

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distribute, or otherwise use this message or its attachments. Please notify the sender immediately by return e-mail and permanently delete this message and any attachments. Gartner makes no warranty that this email is error or virus free.”


Hi Neville



Regards

Patrick

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and automatically archived by Mimecast SA (Pty) Ltd, an innovator in Software as a Service (SaaS) for business. Mimecast Unified Email Management ??? (UEM) offers email continuity, security, archiving and compliance with all current legislation. To find out more, contact Mimecast.

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Key questions that need to be answered are:















■ Technology and Architecture Can the technology infrastructure adequately service current and future business needs Investment in enabling technologies to support strategic business objectives Reduce IT maintenance costs Adoption of technology across the organization Review of disaster recovery/business continuity plans

■ Management and Governance Are business objectives satisfied in the face of IT budget pressures Do management practices balance speed, cost and quality

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Is value maximized from vendors and partners Is there room to improve project delivery success

At the end of the project, the SARS Commissioner expects there will be clarity on the following:

The status of the IT strategy alignment with the SARS business goals

The progress report on how IT is delivering against the IT strategic plan.

An IT HR assessment inclusive of organizational structure and capability of the current IT staff, development plans, succession plans

A status of the efficiency and effectiveness of the current SARS IT infrastructure

The status of Project Management practices and preparedness within SARS. Project management delivery within SARS is on time budget and within quality.

Assessment of technology governance practices

A review of information security and IT risk management practices within SARS and how significant risks are being mitigated.

A review of disaster recovery/business continuity plans

A status on how IT management is has put processes, technology and assurance in place for information security to ensure that: – Business transactions can be trusted – IT services are usable, can appropriately resist attacks and recover from failures – Critical information is withheld from those who should not have access to it

A status on the monitoring measures of the Modernization project to verify that objectives are being achieved and to measure performance to date so as to eliminate surprises.

A status on full scope of what has been delivered to date on Modernization project against the plan, what costs have already been incurred to date against the original plan

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From: Patrick MonyekiSent: Thursday, December 11, 2014 1:35 PMTo: Neville WillemseCc: Walter LongweSubject: RE: IT Strategy review rfp

Hi Neville

Thanks for this. A very important consideration is the whole Modernization Project which needs to be reviewed on its own separate from the rest of IT This needs to be captured separately from the generic IT strategy. Commissioner wants to review it's goals, scope, timeliness. Success, failures, lessons learned, business benefits. More importantly he is concerned about governance around it. He is also concerned around procurement of services under the modernization project. The issue of sourcing, contracting and contract management needs to be addressed. The length & type of contracts, the whole issue of IP protection needs to be examined. So the review of the modernization project needs to get a specific focus under this project.

On 11 Dec 2014 13:17, "Neville Willemse" <[email protected]> wrote:

Hi Patrick, I have changed the outcomes slightly. My suggestion would be that the approach we would follow is to

Gather strategic and business requirements information

Perform IT assessment

Analyse current state findings

Develop future state recommendations

Develop roadmap and associated initiatives

Deliver final report and presentation to the Commissioner

Coming out of the roadmap will be additional initiatives that we could assist them with so the first phase is really the review and recommendations via the roadmap.

Kind Regards,

Neville Willemse

General Manager

Gartner Africa

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Tel: +27 11 803 4706

Fax: +27 11 803 4705

Mobile: +27 82 570 4997




From: Patrick Monyeki [mailto:[email protected]] Sent: 11 December 2014 12:28 AM To: Neville Willemse Cc: Walter Longwe Subject: Re: IT Strategy review rfp

Hi Neville

Many thanks for the input. I think we are on the right track. We need to refine the outcomes section. I think we need to structure the outcomes into several phases of delivery. With the suggested role of overseeing shared between management and professional consultants (Gartner).

There is also concern from the client about two issues that they want us to include in the scope.:

1) Intellectual Property protection

2) Securing SARS data, ensuring data integrity as well as ensuring that back-up systems or the disaster recovery systems are upto standard and periodically tested

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The client also suggested that they can meet with us next Monday or Wednesday. So we have enough time to polish the document.

Regards

Patrick

On Wed, Dec 10, 2014 at 11:58 PM, Neville Willemse <[email protected]> wrote:


Kind Regards,

Neville Willemse

General Manager

Gartner Africa

Tel: +27 11 803 4706

Fax: +27 11 803 4705

Mobile: +27 82 570 4997



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Hi Neville



Regards

Patrick

Disclaimer


Disclaimer


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From: Neville WillemseSent: Thursday, December 11, 2014 4:42 PMTo: 'Patrick Monyeki'Cc: Walter Longwe; Hugo WinterbachSubject: RE: IT Strategy review rfp

Hi Patrick, I am not going to be here next week but one of our senior consultants will stand in for me so can we schedule a teleconference during the day so that we can agree what still needs to be done to finalise the Terms of Reference and then also what the agenda is for the call with the client next week. Please let me know what time will suit you and I will send out a meeting notice. Thanks. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


From: Patrick Monyeki [mailto:[email protected]] Sent: 11 December 2014 01:35 PM To: Neville Willemse Cc: Walter Longwe Subject: RE: IT Strategy review rfp

Hi Neville

Thanks for this. A very important consideration is the whole Modernization Project which needs to be reviewed on its own separate from the rest of IT This needs to be captured separately from the generic IT strategy. Commissioner wants to review it's goals, scope, timeliness. Success, failures, lessons learned, business benefits. More importantly he is concerned about governance around it. He is also concerned around procurement of services under the modernization project. The issue of sourcing, contracting and contract management needs to be addressed. The length & type of contracts, the whole issue of IP protection needs to be examined. So the review of the modernization project needs to get a specific focus under this project.

On 11 Dec 2014 13:17, "Neville Willemse" <[email protected]> wrote:

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Hi Patrick, I have changed the outcomes slightly. My suggestion would be that the approach we would follow is to

Gather strategic and business requirements information

Perform IT assessment

Analyse current state findings

Develop future state recommendations

Develop roadmap and associated initiatives

Deliver final report and presentation to the Commissioner

Coming out of the roadmap will be additional initiatives that we could assist them with so the first phase is really the review and recommendations via the roadmap.

Kind Regards,

Neville Willemse

General Manager

Gartner Africa

Tel: +27 11 803 4706

Fax: +27 11 803 4705

Mobile: +27 82 570 4997



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From: Patrick Monyeki [mailto:[email protected]] Sent: 11 December 2014 12:28 AM To: Neville Willemse Cc: Walter Longwe Subject: Re: IT Strategy review rfp

Hi Neville

Many thanks for the input. I think we are on the right track. We need to refine the outcomes section. I think we need to structure the outcomes into several phases of delivery. With the suggested role of overseeing shared between management and professional consultants (Gartner).

There is also concern from the client about two issues that they want us to include in the scope.:

1) Intellectual Property protection

2) Securing SARS data, ensuring data integrity as well as ensuring that back-up systems or the disaster recovery systems are upto standard and periodically tested

The client also suggested that they can meet with us next Monday or Wednesday. So we have enough time to polish the document.

Regards

Patrick

On Wed, Dec 10, 2014 at 11:58 PM, Neville Willemse <[email protected]> wrote:


Kind Regards,

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Neville Willemse

General Manager

Gartner Africa

Tel: +27 11 803 4706

Fax: +27 11 803 4705

Mobile: +27 82 570 4997





Hi Neville



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Regards

Patrick

Disclaimer


Disclaimer


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Subject: Copy: Gartner Discussion Location: Linton House, Ground Floor at 570 Fehrsen Street, Brooklyn, Pretoria.

Start: Thu 12/18/2014 2:00 PMEnd: Thu 12/18/2014 3:00 PM

Recurrence: (none)

Meeting Status: Not yet responded

Organizer: Annalie FrostRequired Attendees: Annalie Frost; [email protected]; Barbara RobertsonOptional Attendees: Barbara Robertson

Contact details: Michael B Mavuso (MCIPS - MBA) Acting Senior Manager : ICT Category Tel: 012 422 4497 Cell: 082 455 7024 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa

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From: Annalie Frost <IMCEAEX-_O=GARTNER+20GROUP+20AFRICA_OU=EXCHANGE+20ADMINISTRATIVE+20GROUP+20+28FYDIBOHF23SPDLT+29_CN=RECIPIENTS_CN=ANNALIE@namprd12.prod.outlook.com>

Sent: Friday, December 19, 2014 3:32 PMTo: Neville Willemse; Leonie McmanusCc: Barbara RobertsonSubject: SARS Briefing for Consulting AssignmentAttachments: Consulting Requirement Scanned.pdf

Afternoon Neville, Leonie, We met with the SARS team yesterday and herewith the debrief. Their briefing attached. Key points: Politically very sensitive and highly confidential. Tight timelines. Draft proposal for Dan Zulu's review by 4th Jan before he goes on leave. Target delivery date for this project is end of March. Players: * The executive sponsor for this initiative is Jonas Makwakwa (Currently Group Executive : Audit at SARS) ‐ he is acting COO. Been at SARs for many years. * Dan Zulu is responsible for the project. He is ex Nedbank, CIO for Nedbank Investment Bank / BoE and currently group executive for SARS Branch Operations. Been with SARS for 2 years. He has been asked to lead this initiative given his IT experience. He provided the detail in the brief we received. * Micheal Mavuso is acting snr. management ICT Category and our key procurement contact for all email correspondence through this proposal / negotiation phase. * Procurement executive responsible is a lady Mogogodi Dioka. * New Commissioner is Tom Moyane Background Business has been unhappy with the IT operation for a while. Successes achieved had been at a high financial cost and a "lot of bodies". Whether SARS got value for money is questioned. Not sure proper governance was followed. Complex systems environment. Transformation ran with two separate entities. This operating model is being questioned. It is important to note that the modernization programme has been put on hold until this exercise is completed. They communicated that they are not engaging any other suppliers for this piece of work, only Gartner. We have been chosen for our objectivity. They want us to contract some companies from their preferred list to ensure adherence to their empowerment policies. They want to retain information and knowledge after completion of the exercise. Once we listed what we will do they will provide a list of preferred companies. In order to expedite the procurement process, we agreed to exchange contracts and to put the legal people from both companies in touch so that they can negotiate directly. SARS prefers their services agreement and will send to

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us for review. We agreed to send them ours. The SITA master services agreement/transversal contract can also be used to expedite the procurement process. It will only require an addendum then to contract our services. We should include CV's of the proposed consultants and they stressed that we should be sensitive to demographics. In the news: Two of the new commissioners' management team had been suspended ‐ acting commissioner Ivan Pillay and Peter Ricter (Strategy Enablement and Communications). The suspension was overturned by the labour court. Barry Hore COO resigned with a disciplinary pending. See annual report http://www.sars.gov.za/AllDocs/SARSEntDoclib/AnnualReports/SARS‐AR‐19%20‐%20Annual%20Report%202013‐2014.pdf and strategic plan http://www.sars.gov.za/AllDocs/SARSEntDoclib/Ent/SARS‐Strat‐10%20‐%20SARS%20Strategic%20Plan%202013‐14%20to%202017‐18.pdf Apologies for this holiday workload. Once you have reviewed the brief we have a call to discuss the next steps. Given you and Leonie are on leave let us know what is suitable.

An na l ie F ros t | C l ien t D i rec tor Office: +27 (0)11 803 4706 Mobile: +27 (0)83 677-1879

Proudly Level 1 B‐BBEE contributor with a 168.75 % recognition level

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From: Neville WillemseSent: Friday, December 19, 2014 5:58 PMTo: Leonie Mcmanus; Annalie FrostCc: Barbara RobertsonSubject: Re: SARS Briefing for Consulting Assignment

Hi, we wrote most of the terms of reference he provided you. My concerns are working with other companies and then the demographics of our consultants. Let me know when you want to chat about it. Sent from my LG Mobile ------ Original message------ From: Leonie Mcmanus Date: Fri, 19/12/2014 16:55 To: Annalie Frost; Cc: Barbara Robertson;Neville Willemse; Subject:RE: SARS Briefing for Consulting Assignment Hi Annalie I would need to know the following:

Are they only interested in the efficiency and effectiveness of the current infrastructure or the applications environment as well?

Which of the following infrastructure would be in scope: o End‐user computing (desktops) o Servers (Windows, Unix, etc.) o Mainframe o Storage o Voice Infrastructure o Voice Lines & Usage o WAN o LAN o Internet o IT Service Desk

Which of the above components are in‐house and which are outsourced? Regards, Leonie

From: Annalie Frost Sent: 19 December 2014 03:32 PM To: Neville Willemse; Leonie Mcmanus Cc: Barbara Robertson Subject: SARS Briefing for Consulting Assignment Afternoon Neville, Leonie, We met with the SARS team yesterday and herewith the debrief. Their briefing attached. Key points:

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Politically very sensitive and highly confidential. Tight timelines. Draft proposal for Dan Zulu's review by 4th Jan before he goes on leave. Target delivery date for this project is end of March. Players: * The executive sponsor for this initiative is Jonas Makwakwa (Currently Group Executive : Audit at SARS) ‐ he is acting COO. Been at SARs for many years. * Dan Zulu is responsible for the project. He is ex Nedbank, CIO for Nedbank Investment Bank / BoE and currently group executive for SARS Branch Operations. Been with SARS for 2 years. He has been asked to lead this initiative given his IT experience. He provided the detail in the brief we received. * Micheal Mavuso is acting snr. management ICT Category and our key procurement contact for all email correspondence through this proposal / negotiation phase. * Procurement executive responsible is a lady Mogogodi Dioka. * New Commissioner is Tom Moyane Background Business has been unhappy with the IT operation for a while. Successes achieved had been at a high financial cost and a "lot of bodies". Whether SARS got value for money is questioned. Not sure proper governance was followed. Complex systems environment. Transformation ran with two separate entities. This operating model is being questioned. It is important to note that the modernization programme has been put on hold until this exercise is completed. They communicated that they are not engaging any other suppliers for this piece of work, only Gartner. We have been chosen for our objectivity. They want us to contract some companies from their preferred list to ensure adherence to their empowerment policies. They want to retain information and knowledge after completion of the exercise. Once we listed what we will do they will provide a list of preferred companies. In order to expedite the procurement process, we agreed to exchange contracts and to put the legal people from both companies in touch so that they can negotiate directly. SARS prefers their services agreement and will send to us for review. We agreed to send them ours. The SITA master services agreement/transversal contract can also be used to expedite the procurement process. It will only require an addendum then to contract our services. We should include CV's of the proposed consultants and they stressed that we should be sensitive to demographics. In the news: Two of the new commissioners' management team had been suspended ‐ acting commissioner Ivan Pillay and Peter Ricter (Strategy Enablement and Communications). The suspension was overturned by the labour court. Barry Hore COO resigned with a disciplinary pending. See annual report http://www.sars.gov.za/AllDocs/SARSEntDoclib/AnnualReports/SARS‐AR‐19%20‐%20Annual%20Report%202013‐2014.pdf and strategic plan http://www.sars.gov.za/AllDocs/SARSEntDoclib/Ent/SARS‐Strat‐10%20‐%20SARS%20Strategic%20Plan%202013‐14%20to%202017‐18.pdf Apologies for this holiday workload. Once you have reviewed the brief we have a call to discuss the next steps. Given you and Leonie are on leave let us know what is suitable.

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From: Neville Willemse <IMCEAEX-_O=GARTNER+20GROUP+20AFRICA_OU=FIRST+20ADMINISTRATIVE+20GROUP_CN=RECIPIENTS_CN=NEVILLE+2EWILLEMSE@namprd12.prod.outlook.com>

Sent: Monday, December 22, 2014 10:32 AMTo: Annalie Frost; Leonie McmanusCc: Barbara RobertsonSubject: RE: SARS Briefing for Consulting Assignment

Hi Annalie, I have made a couple of notes in your mail below. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


From: Annalie Frost Sent: 19 December 2014 03:32 PM To: Neville Willemse; Leonie Mcmanus Cc: Barbara Robertson Subject: SARS Briefing for Consulting Assignment Afternoon Neville, Leonie, We met with the SARS team yesterday and herewith the debrief. Their briefing attached. Key points: Politically very sensitive and highly confidential. Tight timelines. Draft proposal for Dan Zulu's review by 4th Jan before he goes on leave. Target delivery date for this project is end of March. 4th Jan is a Sunday so presumably he wants the proposal by 2 Jan. How long will they take to make a decision because I am really concerned about the end March deadline. To do justice to a project of this nature, we will need to do gather a lot of information which will also require interviewing people and we normally find that getting into their schedules is very difficult.

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Players: * The executive sponsor for this initiative is Jonas Makwakwa (Currently Group Executive : Audit at SARS) ‐ he is acting COO. Been at SARs for many years. * Dan Zulu is responsible for the project. He is ex Nedbank, CIO for Nedbank Investment Bank / BoE and currently group executive for SARS Branch Operations. Been with SARS for 2 years. He has been asked to lead this initiative given his IT experience. He provided the detail in the brief we received. * Micheal Mavuso is acting snr. management ICT Category and our key procurement contact for all email correspondence through this proposal / negotiation phase. * Procurement executive responsible is a lady Mogogodi Dioka. * New Commissioner is Tom Moyane Background Business has been unhappy with the IT operation for a while. Successes achieved had been at a high financial cost and a "lot of bodies". Whether SARS got value for money is questioned. Not sure proper governance was followed. Complex systems environment. Transformation ran with two separate entities. This operating model is being questioned. It is important to note that the modernization programme has been put on hold until this exercise is completed. They communicated that they are not engaging any other suppliers for this piece of work, only Gartner. We have been chosen for our objectivity. They want us to contract some companies from their preferred list to ensure adherence to their empowerment policies. – not sure what capabilities these companies will have and what role they will play but it can also potentially slow the project down – we have had such an experience and the level of

They want to retain information and knowledge after completion of the skills given to us left a lot to be desired.exercise. Once we listed what we will do they will provide a list of preferred companies. In order to expedite the procurement process, we agreed to exchange contracts and to put the legal people from both companies in touch so that they can negotiate directly. SARS prefers their services agreement and will send to us for review. We agreed to send them ours. The SITA master services agreement/transversal contract can also be used to expedite the procurement process. Every time a Govt dept has used SITA, it has delayed the approval process because they take so long to process requestes/proposals. They also normally try and force the issue of

It will only require an going to the market if the value of the proposal is over R500k which this will definitely be. addendum then to contract our services. We should include CV's of the proposed consultants and they stressed that we should be sensitive to demographics. Really concerned about this. Our approach will be to use the best possible resources to ensure we meet SARS expected outcomes. The team could be a mix of local and international skills and trying to adhere to demographic requirements might not allow for the best team to be put forward. In the news: Two of the new commissioners' management team had been suspended ‐ acting commissioner Ivan Pillay and Peter Ricter (Strategy Enablement and Communications). The suspension was overturned by the labour court. Barry Hore COO resigned with a disciplinary pending. Is this exercise being used to support their suspension of the above two people because this could result in us being asked to stand up in court etc to justify our analysis, assuming the analysis does support the suspensions. I don’t think Gartner normally want to get involved in such projects. See annual report http://www.sars.gov.za/AllDocs/SARSEntDoclib/AnnualReports/SARS‐AR‐19%20‐%20Annual%20Report%202013‐2014.pdf and strategic plan

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http://www.sars.gov.za/AllDocs/SARSEntDoclib/Ent/SARS‐Strat‐10%20‐%20SARS%20Strategic%20Plan%202013‐14%20to%202017‐18.pdf Apologies for this holiday workload. Once you have reviewed the brief we have a call to discuss the next steps. Given you and Leonie are on leave let us know what is suitable.



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From: Annalie FrostSent: Monday, December 22, 2014 10:05 AMTo: Leonie Mcmanus; Neville WillemseSubject: SARS: Electronic version of documentAttachments: Final Rfp - it assessment.docx

From: Michael Mavuso [mailto:[email protected]] Sent: 19 December 2014 04:52 PM To: Annalie Frost; Barbara Robertson Subject: RE: Gartner discussion: Electronic version of document Good day Annalie I have attached the document on electronic format. Kind regards Michael B Mavuso (MCIPS - MBA) Acting Senior Manager : ICT Category Tel: 012 422 4497 Cell: 082 455 7024 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa

From: Annalie Frost [mailto:[email protected]] Sent: 19 December 2014 12:13 PM To: Michael Mavuso; Barbara Robertson Subject: Gartner discussion: Electronic version of document Michael, thank you arranging the meeting yesterday. Kindly send the electronic copy of the document you shared yesterday so we can send it to the team that will put the proposal together.

An na l ie F ros t | C l i en t D i rec tor SARS Office: +27 (0)11 803 4706 Mobile: +27 (0)83 677-1879


Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

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How secure is our IT environment in terms of data and information security

Robustness of our network or internet infrastructure in order to sustain possible attacks

How is governance in terms of bespoke and developed software in relation to intellectual property

Who owns the IP and where are Escrow agreements stored

How is governance around the awarding of software contracts

What development methodology is applied and is it aligned to best practice eg SDLC

Are we following the best practice in terms of project management

What assurance do we have on the sustainability of the O/S, RDBMS, development tools, etc

How well is our IT environment documented. Do we have the likes of BRS, functional and technical specifications, architecture, etc

What is our overall cost of IT and ROI

Do we employ the concept of reusability in developing systems

Should we be looking at bespoke versus development or vice versa

Are we following the best practise in terms of systems deployment and change control

Is the structure of our Information Technology well aligned to deliver on business objectives and also are optimally structured in line with best paractises or aligned to similar industries





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■ Technology and Architecture Can the technology infrastructure adequately service current and future business needs Investment in enabling technologies to support strategic business objectives Reduce IT maintenance costs Adoption of technology across the organization

■ Management and Governance Are business objectives satisfied in the face of IT budget pressures Do management practices balance speed, cost and quality Is value maximized from vendors and partners Is there room to improve project delivery success


• The status of the IT strategy alignment with the SARS business goals • The progress report on how IT is delivering against the IT strategic plan. • An IT HR assessment outlining the status of HR capability of the current IT staff,







•

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Key questions that needneeds to be answered are:







How secure is our IT environment in terms of data and information security

Robustness of our network or internet infrastructure in order to sustain possible attacks

How is governance in terms of bespoke and developed software in relation to intellectual property

Who owns the IP and where are Escrow agreements stored

How is governance around the awarding of software contracts

What development methodology is applied and is it aligned to best practice eg SDLC

Are we following the best practice in terms of project management

What assurance do we have on the sustainability of the O/S, RDBMS, development tools, etc

How well is our IT environment documented. Do we have the likes of BRS, functional and technical specifications, architecture, etc

What is our overall cost of IT and ROI

Do we employ the concept of reusability in developing systems

Should we be looking at bespoke versus development or vice versa

Are we following the best practise in terms of systems deployment and change control

Is the structure of our Information Technology well aligned to deliver on business objectives and also are optimally structured in line with best paractises or aligned to similar industries





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■ Technology and Architecture Can the technology infrastructure adequately service current and future business needs Investment in enabling technologies to support strategic business objectives Reduce IT maintenance costs Adoption of technology across the organization Review of disaster recovery/business continuity plans

■ Management and Governance Are business objectives satisfied in the face of IT budget pressures Do management practices balance speed, cost and quality Is value maximized from vendors and partners Is there room to improve project delivery success


• The status of the IT strategy alignment with the SARS business goals • The progress report on how IT is delivering against the IT strategic plan. • An IT HR assessment inclusive of organizational structure andoutlining the status of HR

capability of the current IT staff, development plans, succession plans, • A status of the efficiency and effectiveness of the c u r r e n t S A R S IT

infrastructure • The status of Project Management practices and preparednesscapability within SARS.

Project management delivery within SARS is on time budget and within quality.

Assessment of technology governance practices

A review of information security andstatus on IT risk management practices within SARS and how significant risks are being mitigated.

• A review of disaster recovery/business continuity plans • A status on how IT management is has put processes, technology and assurance in


• A status on the monitoring measures of the Modernization project to verify that objectives are being achieved and to measure performance to date so as to eliminate surprises. • A status on full scope of what has been delivered to date on Modernization project

against the plan, what costs have already been incurred to date against the original plan, •


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From: [email protected]: Monday, December 29, 2014 10:10 AMTo: Michael Mavuso ([email protected])Cc: Leonie Mcmanus; Neville Willemse; Barbara RobertsonSubject: Gartner's Proposal to SARSAttachments: Gartner Social Responsiblity Short.pdf

Good Morning Michael, I trust you had good Xmas? Our consulting team has been briefed and are ready to provide a draft proposal for Dan Zulu to review before he goes on leave (please confirm this will be this Friday, 2th January). Neville Willemse will return from leave earlier that anticipated to submit this proposal and I therefor have to run a few important points past you.

Gartner has a level 1 B‐BBEE rating. This is based on our procurement policies and the overall demographic mix of the South African Gartner operation. We also have a community outreach program in Imizamo Yethu, Houtbay. Brief overview attached.

The demands of Gartner International’s consulting practise is such that we operate with a very small group of highly experienced local consultants that are not racially or ethnically diverse. We would only be able to deliver this project with our current team, and some international subject matter expertise where relevant.

Complementing the team with people we have not worked with us previously to deliver this high profile deliverable in a short space of time is a high risk we are not comfortable to accept.

We offer an executive program that can support specific IT executives with IT strategy and management advice and guidance. Should SARS be interested in this service, it will be quoted separately against our existing research and advisory service. It entails an annual retainer.

If these points are acceptable to SARS we will proceed with preparing the proposal.

In terms of the benchmarking component of the proposal, we offer two packages, Overview of the internal IT operation (ITOB) and a IT Price Benchmark for the outsourced operations. I will send separate emails with sample deliverables for each – the attachments are large. The cost would be subject to how wide this scope will be. Please ask Dan to give clarification to the scope.

o Is SARS only interested in the efficiency and effectiveness of the current infrastructure or the

applications environment as well? o Which of the following infrastructure would be in scope:

End‐user computing (desktops) Servers (Windows, Unix, etc.) Mainframe Storage Voice Infrastructure Voice Lines & Usage WAN LAN Internet IT Service Desk

o Which of the above components are in‐house and which are outsourced?

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We can also do an Service Level Agreement review. We have to confirm the metrics to be reviewed to provide a quote. Leonie (082) 904‐3773 and Dan to discuss directly.

If we can proceed, I suggest Dan has a brief telephone conversation with Neville ( 082) 570‐4997 and Leonie (082) 904‐3773 before Friday to clarify the rest of the scope. Please arrange directly with both as everyone on our end is currently on leave – on copy also. Looking forward to your feedback on the above. Best regards,

An na l ie F ros t | C l ien t D i rec tor - SARS Office: +27 (0)11 803 4706 Mobile: +27 (0)83 677-1879


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From: Annalie FrostSent: Monday, December 29, 2014 1:11 PMTo: Michael Mavuso; Cheryl HarrisCc: Neville WillemseSubject: RE: SITA contact

Michael, our operations manager is back in the office on the 2nd Jan. She will confirm the agreement. There is a SITA master (consulting services) agreement in place against which SARS can contract. I will send you the signed copy next week. Annalie

From: Michael Mavuso [mailto:[email protected]] Sent: 24 December 2014 02:35 PM To: Annalie Frost Subject: FW: SITA contact Good day Annalie Kindly confirm which SITA contract are you participating in, so that we can accelerate our engagement. The answers from Mr. Zulu are attached. We own the equipments as confirmed in the answer. Kind regards Michael B Mavuso (MCIPS - MBA) Acting Senior Manager : ICT Category Tel: 012 422 4497 Cell: 082 455 7024 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa


From: Ernest Montwedi Sent: 09 December 2014 08:52 AM To: Michael Mavuso Cc: Mogogodi Dioka; [email protected] Subject: RE: SITA contact Good day

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I managed to speak to Sizwe and he is awaiting your call Regards Ernest

From: Michael Mavuso Sent: 09 December 2014 08:40 AM To: Ernest Montwedi Cc: Mogogodi Dioka Subject: SITA contact Good morning Ernest The CPO of SITA has agreed in principle to assist. I tried several times to check Mr Sizwe Majavu and his cell phone goes to voice mail. Kindly check for me someone else I can speak to in SITA, please. Kind regards Michael B Mavuso (MCIPS - MBA) Acting Senior Manager : ICT Category Tel: 012 422 4497 Cell: 082 455 7024 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa


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From: [email protected]: Monday, December 29, 2014 10:13 AMTo: Leonie Mcmanus; Neville Willemse; Barbara RobertsonSubject: BENCHMARKING Input for Leonie from SARS

Leonie, see response below. I suggest you phone Dan directly on his cel below if you need any further answers. Annalie

From: Dan Zulu [mailto:[email protected]] Sent: 22 December 2014 01:38 PM To: Michael Mavuso Cc: Jonas Makwakwa; Mogogodi Dioka Subject: Re: Questions for Gartner Response Michael All of these are in house. I will exclude End‐user Computing (desktops). We have over +‐20 000 desktops and are spread across the country. My thinking is that when we include them it could take forever depending at what they will be looking at. However if we want to see if we are getting a fair price on our desktop purchases then lets look at that Regards Dan Zulu Group Executive : Branch Operations Tel: +27 12 422 5069/5565 Fax: +27 12 452 9689 Cell: +27 82 882 1200 Lehae la SARS, 299 Bronkhorst Street, Nieuw Muckleneuk, Pretoria 0181 Private Bag X923, Pretoria, 0001

From: Michael Mavuso <[email protected]> Date: Monday, December 22, 2014 at 11:31 AM To: SARS SARS <[email protected]> Cc: Jonas Makwakwa <[email protected]>, Mogogodi Dioka <[email protected]> Subject: FW: Questions for Gartner Response Good day Mr Zulu Kindly assit in answering the Gartner questions below concerning the ICT strategy. I will send it to Annalie after receiving your response. Kind regards Michael B Mavuso (MCIPS - MBA) Acting Senior Manager : ICT Category Tel: 012 422 4497 Cell: 082 455 7024 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa

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From: Annalie Frost [mailto:[email protected]] Sent: 19 December 2014 05:01 PM To: Michael Mavuso Cc: Leonie Mcmanus Subject: Questions for Gartner Response Thanks for the electronic version Michael, herewith a few question from our financial consultants. More may follow from our other consultants early next week.

Is SARS only interested in the efficiency and effectiveness of the current infrastructure or the applications environment as well?

Which of the following infrastructure would be in scope: o End‐user computing (desktops) o Servers (Windows, Unix, etc.) o Mainframe o Storage o Voice Infrastructure o Voice Lines & Usage o WAN o LAN o Internet o IT Service Desk

Which of the above components are in‐house and which are outsourced? Best regards,

An na l ie F ros t | C l ien t D i rec tor - SARS Office: +27 (0)11 803 4706 Mobile: +27 (0)83 677-1879


Disclaimer


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From: Neville WillemseSent: Monday, December 29, 2014 1:48 PMTo: Annalie FrostSubject: RE: SITA contactAttachments: SARS-Strategic IT Assessment-xxxxxxxxx-PROPOSAL_Draft.pptx

Hi Annalie, I have put a draft together. Please take a look and let me know what you think – I am still waiting for some information so you will see a couple of blank pages. Thanks. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


From: Annalie Frost Sent: 29 December 2014 01:11 PM To: Michael Mavuso; Cheryl Harris Cc: Neville Willemse Subject: RE: SITA contact Michael, our operations manager is back in the office on the 2nd Jan. She will confirm the agreement. There is a SITA master (consulting services) agreement in place against which SARS can contract. I will send you the signed copy next week. Annalie

From: Michael Mavuso [mailto:[email protected]] Sent: 24 December 2014 02:35 PM To: Annalie Frost Subject: FW: SITA contact Good day Annalie Kindly confirm which SITA contract are you participating in, so that we can accelerate our engagement. The answers from Mr. Zulu are attached. We own the equipments as confirmed in the answer.

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Kind regards Michael B Mavuso (MCIPS - MBA) Acting Senior Manager : ICT Category Tel: 012 422 4497 Cell: 082 455 7024 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa


From: Ernest Montwedi Sent: 09 December 2014 08:52 AM To: Michael Mavuso Cc: Mogogodi Dioka; [email protected] Subject: RE: SITA contact Good day I managed to speak to Sizwe and he is awaiting your call Regards Ernest

From: Michael Mavuso Sent: 09 December 2014 08:40 AM To: Ernest Montwedi Cc: Mogogodi Dioka Subject: SITA contact Good morning Ernest The CPO of SITA has agreed in principle to assist. I tried several times to check Mr Sizwe Majavu and his cell phone goes to voice mail. Kindly check for me someone else I can speak to in SITA, please. Kind regards Michael B Mavuso (MCIPS - MBA) Acting Senior Manager : ICT Category Tel: 012 422 4497 Cell: 082 455 7024 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria

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Private Bag X923, Pretoria, 0001, South Africa


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This presentation, including any supporting materials, is owned by Gartner, Inc. and/or its affiliates and is for the sole use of the intended Gartner audience or other authorized recipients. This presentation may contain information that is confidential, proprietary or otherwise legally protected, and it may not be further copied, distributed or publicly displayed without the express written permission of Gartner, Inc. or its affiliates.© 2014 Gartner, Inc. and/or its affiliates. All rights reserved.

GARTNER CONSULTINGEngagement: xxxxxxxxx

Annalie FrostAccount ExecutiveGartner [email protected]

A Proposal to State Information Technology Agency (SITA) for South African Revenue Services (SARS) Strategic IT Assessment

Statement of Work

Prepared for

29 December 2014

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Engagement: xxxxxxxxx© 2014 Gartner, Inc. and/or its affiliates. All rights reserved. Gartner is a registered trademark of Gartner, Inc. or its affiliates. 1

Table of Contents

■ Section 1: The Gartner Advantage

■ Section 2: Statement of Work

■ Section 3: Attachments

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Our Understanding and Business Context

Project Objectives and Scope

Gartner Approach

Gartner Unique Value

Corporate Experience and Past Performance

The Gartner Advantage

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■ In September 2014 the new SARS commissioner was appointed. Upon his appointment, the new commissioners’ mission has been to drive a transformation agenda for SARS, based on a clean corporate governance culture. The transformation agenda of the Commissioner is also dependent on how SARS utilizes IT to achieve its business goals.

■ This focus on corporate governance has not escaped the IT function within SARS. In this regard the SARS commissioner has put the Modernization project temporary on hold pending an assessment and review of the IT Strategy.

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Our Understanding and Business Context (continued)

Key questions that needs to be answered are: ■ How aligned is the IT strategy with the SARS business goals?

■ What policies and procedures are in place for IT risk management?

■ Are there business cases in place for all the IT projects?

■ Are the promised business benefits by implemented IT projects being realized?

■ Are proper procurement process followed in procuring of IT services to ensure that SARS gets value for money?

■ What has been spent to date on the Modernization project and what is still to be spent?

■ How secure is our IT environment in terms of data and information security

■ Robustness of our network or internet infrastructure in order to sustain possible attacks

■ How is governance in terms of bespoke and developed software in relation to intellectual property

■ Who owns the IP and where are Escrow agreements stored

■ How is governance around the awarding of software contracts

■ What development methodology is applied and is it aligned to best practice eg SDLC

■ Are we following the best practice in terms of project management

■ What assurance do we have on the sustainability of the O/S, RDBMS, development tools, etc

■ How well is our IT environment documented. Do we have the likes of BRS, functional and technical specifications, architecture, etc

■ What is our overall cost of IT and ROI

■ Do we employ the concept of reusability in developing systems

■ Should we be looking at bespoke versus development or vice versa

■ Are we following the best practise in terms of systems deployment and change control

■ Is the structure of our Information Technology well aligned to deliver on business objectives and also are optimally structured in line with best practices or aligned to similar industries

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Objectives

Gartner understands that the SARS Commissioner expects there will be clarity on the following:■ The status of the IT strategy alignment with the SARS business goals

■ The progress report on how IT is delivering against the IT strategic plan.

■ An IT HR assessment outlining the status of HR capability of the current IT staff, development plans, succession plans,.

■ A status of the efficiency and effectiveness of the current SARS IT infrastructure.

■ The status of Project Management capability within SARS. Project management delivery within SARS is on time budget and within quality.

■ A status on IT risk management within SARS and how significant risks are being mitigated.

■ A status on how IT management has put processes, technology and assurance in place for information security to ensure that:

– Business transactions can be trusted

– IT services are usable, can appropriately resist attacks and recover from failures

– Critical information is withheld from those who should not have access to it

■ A status on the monitoring measures of the Modernization project to verify that objectives are being achieved and to measure performance to date so as to eliminate surprises.

■ A status on full scope of what has been delivered to date on Modernization project against the plan, what costs have already been incurred to date against the original plan,.

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Scope

■ The questions and issues posed on the prior pages suggest the need for a relatively broad-based assessment. Given SARS’ requirement to have this assessment completed by end March 2015, Gartner Consulting has made some assumptions with respect to the scope as articulated below:

– People, process, technology and governance assessments will be based on available documentation, interviews, and workshop results.

– Cost comparisons will be done at the aggregate level, i.e., total IT spend and staffing compared to industry.

– Spend analysis (i.e., utility vs. enhancement vs. transformational) will be based on project data from the most recently completed year unless another year is deemed to be more representative.

– The project will commence on 19 January 2015

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IT Strategy Framework

The strategic objectives, at both the enterprise and business unit level, to align IT initiatives to meet current and future

business goals

Strategy andBusiness Alignment

The organization’s skills, as well as management’s abilityto create and promote an environment of productivity,

learning, and employee satisfaction

Organization and Skills

The organization’s approach to directing and controlling resources to achieve stated goals, as well as its practices

for managing the business operation of IT

Management and Governance

The underlying technology architectures and the processes for developing, deploying, enhancing and supporting

business capabilities using technology solutions

Technology and Architecture

To assess SARS IT Strategic Plan, Gartner will analyze the IT organization across 4 key dimensions.

These dimensions allow us to fully understand the relationship between business and IT, technology capabilities, as well as any organizational impediments to the successful execution of an IT Strategy.

Gartner’s FrameworkFor IT Strategy assessments, we utilize an integrated framework towards evaluating and planning investments in technology

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Organization Skills and Competencies Learning Human Resources Facilities and Work Environment

Aligning the IT organization’s structure, skills and sourcing strategy with the needs of the business, while promoting

employee learning and satisfaction


IT Governance Finance and Accounting Vendors and Partners Program and Project Management Communications and Marketing

Managing IT resources and operations to ensure effective and efficient support of business and financial goals


Strategic IT Planning and Investment Business/IT Relationship Usability and Technology Adoption Current Technology Portfolio Project Portfolio Business/IT Service Levels

Ensuring that the IT organization is aligned with the business throughout the entire cycle of innovation,

planning and delivery

Strategy andBusiness Alignment

Defining the technology solutions, underlying architecture and processes for IT’s long-term support of business

capabilities


Data Architecture Execution Architecture Application Architecture Development Architecture Operations Architecture Network Architecture Security Architecture Technology Management and Utilization

Gartner’s Framework four dimensions of the framework serve as a guide to oivities

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Gartner Conceptual Approach – Bringing the Right Methodologies to Bear

■ Gartner proposes to leverage a combination of its IT Strategy and IT Organization Design approaches to address SARS specific issues.

Understand Business Demand

Determine IT Direction

Assess Capabilities

Determine Required Actions

Develop Roadmap Implement

Strategy

Business Imperatives

IT Implications

Vision

IT Imperatives

Operating Model

People

Process

Technology

IT Initiatives

Operating Principles

Governance

Programs

Timeline and Resources

Business Cases

Communicate

Manage

Monitor

Business Expectations of IT

Utility-Oriented Enhancement-Oriented Transformation-Oriented

Supports the Company Enables the Company Drives the Company

CentralizedHybrid

(Federated) Decentralized

IT Service Delivery

Silo Process Service Value

Sourcing Process PeopleStructureTools

IT Organization Architecture

Money

IT Efficiency IT Effectiveness IT Value

IT S

trat

egy

App

roac

hIT

Org

aniz

atio

n D

esig

n A

ppro

ach Relevant Approaches

By leveraging strategy and organization design methods and tools, Gartner can provide insights into the key questions SARS has raised.

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IT Strategic Assessment

Structured Project Plan with timelines

Baseline Understanding

Assessed Vision, Role, and Service Delivery Model for

IT

Capability and Spend

Assessment and Gaps

Final Report

Key Outcomes and Deliverables by Task

Project KickoffData Collection &

Current Environment Understanding

IT Vision, Role, and Service Delivery

Model

Targeted Assessment and

Gap AnalysisFinal Report

Clarify Project objectives and scope

Designate project roles and responsibilities

Identify required resources

Confirm project participants (interviews, workshops, approvals)

Interview senior business and IT leaders

Review existing documentation –strategies, organization charts, process descriptions, architecture

Collect cost and staffing data for benchmarking

Conduct targeted analyses of people, process, and technology in the context of the current IT service delivery model

• People – roles and skills

• Process – project management, governance, and development

• Technology –applications and architecture

Conduct spend analyses

Determine key gaps

Conduct executive briefing on results

Deliver final report

Review IT vision, role, and positioning within SARS

Review current operating model for SARS IT

Review key business imperatives

Review IT imperatives aligned to business imperatives

Prepare and conduct confirmation workshop

83


Proposed Project Schedule

Project Kickoff

Understand Current

Environment

Review IT Vision, Role, and Service

Delivery Model

Conduct Targeted Assessment

Prepare Final Report

Wk 1 Wks 1 - 2

Wks 2 - 4

Wks 4 - 9

Wks 9 - 10

Business-IT workshop to validate vision and operating model

Joint SARS-Gartner working session to validate assessment findings

Executive Presentation

84


Detailed Approach

Project Schedule

Gartner Project Team Organization

Gartner Roles and Responsibilities

Gartner Project Management Life Cycle

Assumptions

Investment Summary and Invoicing

Proposal Validity Period and Changes to Scope

Authorization

Statement of Work

85


Detailed ApproachTask 1: Project Initiation

Task 1: Project Initiation Deliverable(s) and Time FrameObjective:

Set the foundation for a successful engagement that is delivered on time and within budget, and achieves business objectives

Activities performed by Gartner:

Hold a kickoff meeting to ensure understanding of the project objectives, scope, schedule, and milestones, roles, responsibilities and required resources. Gartner will also discuss anticipated risks and mitigation plans, based on lessons learned from past experience

Gather any relevant background material

Outline interview needs

SARS responsibilities:

Ensure attendance at kickoff meeting by Project Sponsor, Project Manager and other key stakeholders, as determined prior to kickoff

Identify key stakeholders for interviews and workshops

Provide documentation as requested

Deliverable(s):

Kickoff meeting materials

Draft project schedule

Draft project plan

Anticipated Time frame:

1 – 2 days




Model



86


Detailed ApproachTask 2: Data Collection and Current Environment Understanding

Task 2: Understand Current Environment Deliverable(s) and Time FrameObjective:

Understand business and IT context in sufficient detail to determine appropriate role and positioning for IT

Obtain sufficient financial and staffing information to enable high-level benchmarking and spend analysis


Conduct interviews with key business executives

Conduct interviews with key IT executives

Review documentation provided by SARS

Provide data collection templates for benchmarking analyses


Select and schedule interviews; participate if desired

Collect and review financial/staffing information with Gartner

Deliverable(s):

Interview guides

Documented business imperatives

IT implications

IT principles

Summary findings for internal review


2 weeks




Model



87


Detailed ApproachTask 3: Review IT Vision, Role, and Service Delivery Model

Task 3: IT Vision, Role, and Operating Model Deliverable(s) and Time FrameObjective:

Review role and vision of IT

Review current operating model

Determine future state requirements


Review Business and IT imperatives and associated linkages

Review current operating model

Prepare and conduct business-IT alignment and operating model workshop with key business and IT stakeholders to refine findings and develop consensus


Review findings and help refine; provide relevant context to assure accuracy of interpretation

Participate in workshop

Deliverable(s):

Review of IT imperatives linked to business imperatives

Review of current IT operating model

Business-IT Alignment / Operating Model Workshop


3 weeks




Model



88


Detailed ApproachTask 4: Assess Capabilities

Task 4: Assess Capabilities Deliverable(s) and Time FrameObjective:

Assess key IT capabilities relative to current IT strategy

Assess current governance processes

Assess modernization programme

Assess security processes and technology

Assess development and project management methodologies


Conduct additional interviews in targeted assessment areas

Review any relevant documentation (e.g., organization charts, process documentation, architecture schematics, applications assessments)

Assess IT capabilities vs. needed capabilities as required to support business strategy and current operating model

Review Modernization project and conduct focused interviews

Conduct benchmarking analysis

Prepare and conduct assessment working session

Document analysis and outcomes


Provide all relevant previously competed analyses and documentation

Identify interviewees and schedule

Participate in working sessions

Review and provide comments on interim results

Deliverable(s):

Documented assessment findings and key findings for the key focus areas


5 - 6 weeks




Model



89


Detailed ApproachTask 5: Final Report

Task 5: Final Report Deliverable(s) and Time FrameObjective:

Develop final report and executive briefing


Prepare and deliver executive briefing

Prepare final report


Review preliminary findings and help refine

Jointly conduct executive briefing

Deliverable(s):

Executive briefing

Final report


2 weeks




Model



90


Project Schedule


Project Initiation

Week 2

Assess Capabilities

IT Vision, Role, and Operating Model

Business-IT Alignment Workshop

Assessment Workshop

Executive Briefing

Final Report

Week 1 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 Week 10

91


Gartner Project Team Organization

■ Gartner has created an organization structure for this engagement that ensures high-level sponsorship and quality assurance, strong day-to-day project management, a focused team of project consultants, and deep subject matter expertise.

SARS Project SponsorDan Zulu

Michael MavusoEngagement Manager

Neville Willemse

Project ConsultantJohn Cato

Project ConsultantHugo Winterbach

QA ReviewerNeville Willemse

Project ConsultantJack Matthews

Project ConsultantPatrick Monyeki

Project ConsultantJohan Jacobs

Project ConsultantRakesh Beekum

Project ConsultantRiedwaan Daniels

Project ConsultantLeonie Mcmanus

Project ConsultantEion Gibson

92


Gartner Roles and Responsibilities

Gartner Associate Role Responsibilities

Neville Willemse Engagement Manager

Ensure that Gartner activities support SARS goals

Build and maintain a long-standing relationship with SARS

Provide high-level oversight to the project and become more heavily involved should any issue resolution be necessary

Johan JacobsProject Manager/ Core Project Consultant

Be responsible for the day-to-day management of project initiatives

Ensure that project deliverables are completed on time and meet the Gartner quality standards

Act as the primary point of contact for the Gartner team

Work closely with SARS to ensure that Gartner is meeting its needs

Provide day-to-day consulting support for project tasks

Be supported by additional project consultants as needed

Rakesh BeekumSubject Matter Expert, IT Strategy

Support the core project team by providing subject matter expertise as needed throughout the engagement

Participate in deliverable creation, deliverable review and client presentations as needed

John CatoSubject Matter Expert, IT Strategy, Governance, Security



Hugo WinterbachSubject Matter Expert, IT Strategy, Change Management



Jack Matthews

Subject Matter Expert, Program/Project Management, Sourcing Governance



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Gartner Roles and Responsibilities cont’d

Gartner Associate Role Responsibilities

Patrick MonyekiSubject Matter Expert, IT Strategy



Eion Gibson

Subject Matter Expert, Enterprise Architecture, Infrastructure, Telecommunications, Sourcing Governance



Riedwaan DanielsSubject Matter Expert, Infrastructure, Telecommunications



Leonie McmanusSubject Matter Expert, Benchmarking, Telecommunications



94


Gartner PM Activities and Results


■ Create customized approach

■ Create collaborative approach

■ Conduct a client kickoff planning meeting

■ Build project management plans

■ Apply project management tools and leading techniques

■ Define governance model

■ Manage execution

■ Conduct quality assurance

■ Proactively manage changes and risks

■ Follow quality control process

■ Report performance

■ Review contract with client at project close

■ Ensure knowledge transfer

The following Gartner Project Management activities are designed to achieve project success and client satisfaction through on-time and on-budget delivery, open lines of communication and detailed reporting throughout the project, and deliverables that meet client needs and objectives.

Based on our internal subject matter expertise and lessons learned, as well as external sources including the Project Management Institute’s (PMI®’s) Project Management Body of Knowledge (PMBOK®) Guide

Aligned with this globally recognized standard (ANSI/PMI 99-001-2008) to maximize value for our clients, minimize the risk for our clients’ projects and ultimately ensure client satisfaction.

95


Assumptions SARS Participation

The deliverables, schedule and pricing in this proposal are based on the following assumptions:

■ SARS will designate a project manager to act as the primary point of contact for this project. The SARS project manager will be expected to work closely with the Gartner employees as needed and will: (a) approve project priorities, detailed task plans and schedules; (b) facilitate the scheduling of Gartner interviews with appropriate client personnel; (c) notify Gartner in writing of any project or performance issues; and (d) assist in resolving project issues that may arise.

■ The work effort described in this proposal assumes that SARS personnel are available to assist in the project as defined in this Proposal. In the event that SARS personnel are not available, a change of scope may be necessary.

■ SARS will review and approve documents within five business days. If no formal approval or rejection is received within that time, the deliverable is considered to be accepted by SARS.

■ SARS is to schedule SARS resources for project activities and provide meeting facilities as necessary.

■ SARS personnel will be made available per the final project schedule.

96


AssumptionsData Collection and Key Personnel

Data Collection

■ The data are reasonably available via interviews and documentation review.

■ SARS will provide timely access to all appropriate personnel to be interviewed. These personnel will have the ability to provide data necessary to complete this project, answer questions, provide existing documentation and attend working sessions.

■ Project pricing assumes that Gartner will conduct no more than ten interviews over a period of three consecutive days and that SARS will arrange all sessions with SARS personnel.

■ All data collection and interviews/workshops will take place via telephone or in person at location as described in this proposal and/or as agreed to at the project kickoff.

Key Personnel

■ Resumes of key personnel provided in this proposal assume a project start date of 19 January 2015. If the actual project start date is different, proposed individuals may not be available. In this event, we will work with SARS to identify alternative personnel with appropriate skills and background.

97


AssumptionsPlace of Performance, Deliverables and Changes to Scope

Place of Performance

■ With the exception of meetings and workshops, Gartner work will be performed at Gartner locations.

■ Office space will be made available to Gartner staff at SARS location for onsite project time.

■ Gartner will have access to printing/copying services at SARS locations.

Deliverables and Changes to Scope

■ Any requests for additional information (beyond the details described in the tasks above) that are made by SARS will be considered a change in scope for this engagement and will be handled accordingly (see Changes to Scope section of this proposal).

■ All deliverables will be developed using Microsoft products (for example, Project, Excel, Word and PowerPoint).

98



■ Gartner will conduct the Consulting tasks outlined in this Statement of Work for a firm-fixed price of R5 041 950.00 excluding VAT.

■ Gartner will submit invoices as follows

– 30% of the professional fees on completion of Task 2

– 30 % of the professional fees on completion of task 4

– 40% of the professional fees on completion of the project

■ Travel and other reimbursable expenses for travel outside of Gauteng will be billed separately—monthly, at cost as incurred.

■ All invoices are payable net 30 days from date of invoice. While we do not itemize billing for professional services, we agree and will comply with any reasonable requests for records substantiating our invoices.

99


Changes to Scope

■ The scope of this engagement is defined by this Statement of Work. All SARS requests for changes to the SOW must be in writing and must set forth with specificity the requested changes. As soon as practicable, Gartner shall advise SARS of the cost and schedule implications of the requested changes and any other necessary details to allow both parties to decide whether to proceed with the requested changes. The parties shall agree in writing upon any requested changes prior to Gartner commencing work.

■ As used herein, “changes” are defined as work activities or work products not originally planned for or specifically defined by this SOW. By way of example and not limitation, changes include the following:

– Any activities not specifically set forth in this SOW

– Providing or developing any deliverables not specifically set forth in this SOW

– Any change in the respective responsibilities of Gartner and SARS set forth in this SOW, including any reallocation or any changes in engagement or project manager staffing

– Any rework of completed activities or accepted deliverables

– Any investigative work to determine the cost or other impact of changes requested by SARS

– Any additional work caused by a change in the assumptions set forth in this SOW

– Any delays in deliverable caused by a modification to the acceptance criteria set forth in this SOW

– Any changes requiring additional research analyst time or changes to research analyst resources

100


DATE

PRINT NAME AND TITLE

SIGNATURE

Kimberley Holland, Director

SUBMITTED ON BEHALF OF GARTNER IRELAND LIMITED

Authorization

The parties agree that this Statement of Work (SoW) and the Services provided hereunder shall be subject to and governed by the terms and conditions of the Master Consulting Services Agreement between State Information Technology Agency (SITA) and Gartner Ireland Limited dated February 2005. These two documents will set forth the relationship between the parties for GartnerEngagement xxxxxxxxx, at a total cost of R5 041 950.00 excluding VAT.

DATE


SIGNATURE

AGREED ON BEHALF OF STATE INFORMATION TECHNOLOGY AGENCY

PO NUMBER (If applicable)

101


DocumentType Validity Period and Further Assurances

■ The Proposal, including the Statement of Work, is valid for 30 days from 2 January 2015

■ Gartner Research and Consulting recommendations are produced independently by the Company’s analysts and consultants, respectively, without the influence, review or approval of outside investors, shareholders or directors. For further information on the independence and integrity of Gartner Research, see “Guiding Principles on Independence and Objectivity” on our Web site, www.gartner.com or contact the Office of the Ombudsman at [email protected] or +1 203 316 3334.

102


Project Team Biographies

Attachments

103


Mr. Jacobs’s more than 28 years of experience in the global IT industry spans business development, enterprise programme management, enterprise applications, business intelligence and strategic planning. He is a leading authority on Customer Relationship Management (CRM) and Enterprise Resource Planning (ERP) and has extensive experience in the Call Center and Help Desk industry. As the lead analyst in Gartner for eServices, Mr. Jacobs developed best practices and research in Email Response Management (ERMS), Web Self Service, Virtual Assistants, Knowledge Management and Web Chat. He provided a synergistic approach to matching business need to technology capability, focusing extensively on measurement and monitoring of services across the entire enterprise application technology spectrum.

Recent consulting engagements have included:

■ Review of Government IFMS programme

■ Strategic advisor for a national financial governing body for the implementation of a CRM and ERP solution

■ Critical program assessments spanning three years for a Metropolitan Municipality’s CRM and ERP implementation efforts

■ Key advisor to and developer of a Unified Communications Contact Center tender for a large Public Services Metropole

■ Assisting a metropolitan municipality with their ERP requirements definition, development of an RFP, evaluation of the responses and recommendations on the solution vendor and solution integrator

■ Assessment of an CRM and ERP Blueprint for a local government department

Prior to joining Gartner Group in the beginning of 2001, Mr. Jacobs gained substantial experience working at a wide range of Financial Services and IT vendor organizations where he held a number of senior positions. Mr. Jacobs holds postgraduate qualifications in Information Technology (NHD-CS) and in Management (NHD-MMP) obtained at Port Elizabeth and Cape Town respectively.

Project Team BiographiesJohan Jacobs, Senior Consultant

104


John Cato is an experienced consultant with more than 30 years of experience in the IT industry, approximately half of whichhave been spent in vendor organisations and the other half in user organisations. During this time he has gained experience in strategic planning, infrastructure architecture, information security, compliance, governance, project management and vendor relationship management.

A few of the key highlights are:

■ Development of IT Strategy for Government agency

■ A security and risk assessment for a major mining house.

■ King III assessment and planning engagements for an IT vendor, a media company and an airline.

■ The development of an IT Strategy and Strategic plan for a media company.

■ The formulation of an IT Service Management strategy, definition of requirements for selecting an implementation partner, management of the procurement and vendor selection process. He also led the scoping activities for the project and conclusion of the contracts.

■ Management of a programme for establishing a Compliance Platform including the Archiving of Email, SAP and Legacy system information, as well as Document Management and Workflow systems.

■ The development of technical architectures in the airline and retail industries.

■ He has served as the Information Security Officer in a national airline for a number of years. He represented the airline on an international Information Security Task Force as part of this role. He also held responsibilities for elements of the role of the Compliance Officer.

■ The management of relationships between business and IT outsource partners.

■ The selection and sourcing of a number of solutions and service providers.

More recently, John has been placing focus on IT GRC (Governance, Risk and Compliance) with an emphasis on local requirements such as King III and the New Companies Act, the Protection of Personal Information Act, as well as international practices in this area such as COBIT 5.

Project Team BiographiesJohn Cato, Senior Consultant

105


Prior to his joining Gartner as a Senior Consultant, Jack worked for META Group South Africa as a Strategic Advisor for Business Applications and Sourcing. He is a highly experienced and versatile business oriented senior IT executive with extensive experience in strategic IT planning and facilitation, business applications and outsourcing. Jack’s experience has been gained working with companies in Europe, Africa (South Africa, Central Africa and the Indian Oceans Islands) and the Middle East.

Recent engagements have included:

■ Multiple Program oversight projects for a tertiary institution

■ Project assessment for a major retailer

■ Sourcing transition and transformation assistance to a major utility

■ Business Intelligence competency centre framework for a Government owned organisation

■ Sourcing evaluation and selection for two Government owned organisations

■ Indicative study for an outsourced ERP environment at a Government owned private enterprise

■ Applications assessment at a major healthcare insurance company

■ Assessment of outsourced desktop, mainframe, midrange, WAN/LAN environments at a Government owned private enterprise

■ Assessment of desktop and application outsourced environments for a National Government Department

■ ERP selection process for a healthcare company

He worked for 9 years (of his, more than 30 years of experience), for Comparex Africa, where he was divisional head for the Project Management Office and on the Comparex Africa, Western Cape Executive Management team. Prior to joining Comparex, Jack was one of the founder members of MD&A (an application development software company) consulting to Financial Services, Retail and Petrochemical companies. Jack has gained extensive experience in the focus areas of Sourcing, Enterprise Applications, Project & Programme Management and Rescues and Project Quality Assurance Audits across IT Projects and Programmes in various Market Sectors. Jack has strong programme management skills and a proven ability to meet tight deadlines. Additionally he has experience in corporate marketing, design and implementation of large-scale complex projects in a variety of industries. Jack is able to act as a strategic thinker and has a proven ability to develop and implement integrated solutions and outsource strategies with a clear business focus in complex environments.

Project Team BiographiesJack Matthews, Senior Consultant

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Hugo Winterbach is an Engineering and ICT professional and fulfilled senior executive roles in the South African corporate environment. It was during his time as Chief Information Officer that he recognised the need for formalised change management in order to bring ICT projects to a successful close. He developed a passion for change management (with a focus on strategic changes) and extended his skills in this regard beyond only ICT to effect and manage changes in all aspects of organisational functions. Hugo regards himself as a forward thinker and he does not shy away from experimenting with new ideas and processes. He also possesses the ability to identify, mentor and coach junior leaders to develop them into strategy enablers.

Recent engagements included

■ Sourcing of application solutions for a major distance learning tertiary education institution.

■ Developed a change management communication strategy and model for a major outsourcing company.

■ Performed the following for a mining company:

– Development of an IT strategy.

– Development of an IT Governance framework.

– Establishment of supporting policies and procedures for the above mentioned framework.

– Designing of an ICT infrastructure architecture.

– Sourcing hardware and software for the IT infrastructure.

– Sourcing of IT and Networking services.

– Developing of an application integration framework and model.

Prior to joining Gartner, Hugo fulfilled a senior IT role in Transnet, followed by the CIO position at Business Connexion, a large ICT outsource company, where he gained significant insights into the practical intricacies of outsourcing versus in-sourcing.

Project Team BiographiesHugo Winterbach, Senior Consultant

107


Eion Gibson specialises in Enterprise Architecture, Strategic Sourcing, African carriers/PTTs and consortia, host connectivity, wide area and campus network design and middleware infrastructure. In his twenty years of experience Gibson has been involved in telecommunications, IT networks, middleware, architecture and planning, directories, groupware, intranets/Internet, host communications, sourcing and vendor management.


■ Network sourcing for a State Owned Enterprise

■ Application sourcing for a major central bank

■ Enterprise architecture for an international commercial bank and development bank

■ Sourcing evaluation and selection for two Government owned organisations

■ IS Lite study at a mining group

■ Evaluation and selection of a networking service for a Government owned private enterprise

■ Desktop service sourcing for public and private enterprises

■ Enterprise architecture development for public and private enterprises

■ Vendor Management Strategy and Plan Development at a large power utility

■ SI market assessment at a large Telco.

■ Sourcing strategy and services outsourcing at a large bank

■ Sourcing deal assessment at a manufacturer.

Before joining META Group Inc. as a Program Director in the GNS/SIS services in May 1998, he was senior architecture consultant for Eskom, the South African power utility. He was responsible for network computing strategies, architectures, security infrastructure, performing technology assessment, evaluation, and planning. In January 2000 he moved over to META Group as a consultant focusing on infrastructure development. Eion transitioned to Gartner when META Group was acquired by Gartner in 2005.

Project Team BiographiesEion Gibson, Senior Consultant

108


Project Team BiographiesPatrick Monyeki, Senior Consultant

109


Riedwaan Daniels specialises in Data Center Modernization and Consolidation, Communications Infrastructure Modernization and IT Networks, Outsourcing, Vendor Management, IT Asset Management, Shared Services, African carriers/PTTs, Satellites and consortia, Business Continuity Management, IT Cost Optimization, IT Budgeting and Contract Negotiations.

In his more than thirty years of experience Riedwaan has been involved in telecommunications including VSAT, IT networks, middleware, architecture and planning, directories, intranets/Internet, host communications and SharePoint


■ Providing Readiness Assessment, identifying Project Risks and providing overall Project Assurance to a large Engineering, Procurement, Construction and Management Organization that provides services and projects to the Mineral Industry

■ Evaluation and selection of an Outsourced service provider for a large international Exports Company

■ Design and implementation of a Governance Framework for a large international heavy-duty meat processing equipment Organization

■ Optimizing IT infrastructure and processes of the biggest food ingredients manufacturer on the African continent.

■ Providing consulting and advisory services in the areas of IT Applications, Governance, Strategic Planning and Network Infrastructure to an international spice manufacturing and distribution organisation

Before joining British American Tobacco (BATSA) in 1991 as IT Network Manager and also later representing BATSA in the international IT Council, he was senior network engineer at Telkom, actively involved in the planning and deployment of the first Diginet Multiplexers in the Western Cape. Joining De Beers in 2003 he was involved in various SAP upgrades, implementations and deployments across the organization. As IT Manager for De Beers Marine, his responsibility included their entire IT landscape, including satellite services for voice and data to the vessels at sea. Riedwaan resigned from De Beers Marine in 2012, and started consulting with a Partner to local and international organizations primarily based in the Western Cape, but also across the country.

Project Team BiographiesRiedwaan Daniels, Senior Consultant

110


Project Team BiographiesRakesh Beekum, Senior Consultant

111

This presentation, including any supporting materials, is owned by Gartner, Inc. and/or its affiliates and is for the sole use of the intended Gartner audience or other authorized recipients. This presentation may contain information that is confidential, proprietary or otherwise legally protected, and it may not be further copied, distributed or publicly displayed without the express written permission of Gartner, Inc. or its affiliates.© 2014 Gartner, Inc. and/or its affiliates. All rights reserved.

GARTNER CONSULTINGEngagement: xxxxxxxxx

Dan ZuluGroup Executive: Branch OperationsSARS Telephone: +27 12 422 5069/[email protected]

Annalie FrostAccount ExecutiveGartner AfricaTelephone: +27 11 803 [email protected]

Contacts

112

1

From: Neville WillemseSent: Thursday, January 1, 2015 10:54 AMTo: Annalie Frost; Barbara Robertson; Rene JacobsCc: Leonie McmanusSubject: RE: SARS Proposal - I cal send it through as soon as its ready. Attachments: SARS-Strategic IT Assessment-xxxxxxxxx-PROPOSAL_Draft V2.pdf; SARS-Strategic

IT Assessment-xxxxxxxxx-PROPOSAL_Draft V2.pptx

Hi Annalie, I have made the changes to the proposal and fixed up that footer issue. I have left Patrick Monyeki out at this stage because he is not responding to my calls plus he may be one of the people SARS want to get us to include on the project. I have also PDF’ed for you. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


From: Annalie Frost Sent: 01 January 2015 10:04 AM To: Neville Willemse; Barbara Robertson; Rene Jacobs Cc: Leonie Mcmanus Subject: RE: SARS Proposal - I cal send it through as soon as its ready. Morning Neville, proposal reviewed with few minor formatting changes. Also discussed for your consideration:

Leonie and Patrick’s CV

Cost comparison expanded to include key IT metrics

Benchmarking at a following phase Speak on the call tomorrow. Annalie

From: Neville Willemse Sent: 31 December 2014 10:20 AM

113

FN21671

Typewritten Text

22

2

To: Annalie Frost; Barbara Robertson Subject: SARS Proposal Hi Annalie, here is the draft SARS proposal. I am still on leave so will not be able to make the call on Friday. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


114

This presentation, including any supporting materials, is owned by Gartner, Inc. and/or its affiliates and is for the sole use of the intended Gartner audience or other authorized recipients. This presentation may contain information that is confidential, proprietary or otherwise legally protected, and it may not be further copied, distributed or publicly displayed without the express written permission of Gartner, Inc. or its affiliates. © 2014 Gartner, Inc. and/or its affiliates. All rights reserved.

GARTNER CONSULTING Engagement: xxxxxxxxx

Annalie Frost Account Executive Gartner Africa [email protected]

A Proposal to State Information Technology Agency (SITA) for South African Revenue Services (SARS) Strategic IT Assessment Statement of Work

Prepared for

29 December 2014

115

Engagement: xxxxxxxxx © 2014 Gartner, Inc. and/or its affiliates. All rights reserved. Gartner is a registered trademark of Gartner, Inc. or its affiliates. 1

Table of Contents

■ Section 1: The Gartner Advantage ■ Section 2: Statement of Work ■ Section 3: Attachments

116


Our Understanding and Business Context Project Objectives and Scope Gartner Approach Gartner Unique Value Corporate Experience and Past Performance


117





118


Our Understanding and Business Context (continued) Key questions that needs to be answered are: ■ How aligned is the IT strategy with the SARS business goals? ■ What policies and procedures are in place for IT risk management? ■ Are there business cases in place for all the IT projects? ■ Are the promised business benefits by implemented IT projects being realized? ■ Are proper procurement process followed in procuring of IT services to ensure that SARS gets value for money? ■ What has been spent to date on the Modernization project and what is still to be spent? ■ How secure is our IT environment in terms of data and information security? ■ Robustness of our network or internet infrastructure in order to sustain possible attacks ■ How is governance in terms of bespoke and developed software in relation to intellectual property? ■ Who owns the IP and where are Escrow agreements stored? ■ How is governance around the awarding of software contracts? ■ What development methodology is applied and is it aligned to best practice eg SDLC? ■ Are we following the best practice in terms of project management? ■ What assurance do we have on the sustainability of the O/S, RDBMS, development tools, etc.? ■ How well is our IT environment documented. Do we have the likes of BRS, functional and technical specifications, architecture, etc? ■ What is our overall cost of IT and ROI? ■ Do we employ the concept of reusability in developing systems? ■ Should we be looking at bespoke versus development or vice versa? ■ Are we following the best practise in terms of systems deployment and change control? ■ Is the structure of our Information Technology well aligned to deliver on business objectives ? ■ Is this structure optimal - in line with best practices or aligned to similar industries?

119


Objectives Gartner understands that the SARS Commissioner expects there will be clarity on the following: ■ The status of the IT strategy alignment with the SARS business goals ■ The progress report on how IT is delivering against the IT strategic plan. ■ An IT HR assessment outlining the status of HR capability of the current IT staff, development plans, succession plans. ■ A status of the efficiency and effectiveness of the current SARS IT infrastructure. ■ The status of Project Management capability within SARS. Project management delivery within SARS is on time budget and

within quality. ■ A status on IT risk management within SARS and how significant risks are being mitigated. ■ A status on how IT management has put processes, technology and assurance in place for information security to ensure that:

– Business transactions can be trusted – IT services are usable, can appropriately resist attacks and recover from failures – Critical information is withheld from those who should not have access to it


■ A status on full scope of what has been delivered to date on Modernization project against the plan, what costs have already been incurred to date against the original plan.

120


Scope

■ The questions and issues posed on the prior pages suggest the need for a relatively broad-based assessment. Given SARS’ requirement to have this assessment completed by end March 2015, Gartner Consulting has made some assumptions with respect to the scope as articulated below: – People, process, technology and governance assessments will be based on available

documentation, interviews, and workshop results. – Due to the short timeframe available, this project is a high level assessment providing findings

from the assessment. Recommendations and roadmaps would be part of an additional phase. – Cost comparisons will be done at the aggregate level, i.e., total IT spend and staffing compared

to industry. Should SARS require a full benchmark of their IT organisation, it would be part of an additional phase.

– The project will commence on 19 January 2015.

121


Gartner Approach Gartner will follow five main streams to address the SARS questions and objectives ■ IT Strategy Review

– How aligned is the IT strategy with the SARS business goals?

– What policies and procedures are in place for IT risk management?

– A status on IT risk management within SARS and how significant risks are being mitigated.

– The status of the IT strategy alignment with the SARS business goals.

– The progress report on how IT is delivering against the IT strategic plan.

– An IT HR assessment outlining the status of HR capability of the current IT staff, development plans, succession plans.

■ Architecture and Technology Review – How secure is our IT environment in terms of data and information security.

– Robustness of our network or internet infrastructure in order to sustain possible attacks.

– How well is our IT environment documented. Do we have the likes of BRS, functional and technical specifications, architecture etc.

– What is our overall cost of IT and ROI?

– Are there business cases in place for all the IT projects?

– Are the promised business benefits by implemented IT projects being realized?

– Is the structure of our Information Technology well aligned to deliver on business objectives and also are optimally structured in line with best practices or aligned to similar industries?

– A status of the efficiency and effectiveness of the current SARS IT infrastructure.

– A status on how IT management has put processes, technology and assurance in place for information security to ensure that: • Business transactions can be trusted • IT services are usable, can appropriately resist attacks and recover from failures • Critical information is withheld from those who should not have access to it

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Gartner Approach cont’d

■ Sourcing Governance – How is governance in terms of bespoke and developed software in relation to intellectual property.

– Who owns the IP and where are Escrow agreements stored.

– How is governance around the awarding of software contracts.

■ Application Development and Project Management – What development methodology is applied and is it aligned to best practice eg. SDLC

– Are we following the best practice in terms of project management.

– What assurance do we have on the sustainability of the O/S, RDBMS, development tools etc.

– Do we employ the concept of reusability in developing systems.

– Should we be looking at bespoke versus development or vice versa.

– Are we following the best practice in terms of systems deployment and change control.

– The status of Project Management capability within SARS. Project management delivery within SARS is on time budget and within quality.

■ Modernization Project – What has been spent to date on the Modernization project and what is still to be spent?

– A status on the monitoring measures of the Modernization project to verify that objectives are being achieved and to measure performance to date so as to eliminate surprises.

– A status on full scope of what has been delivered to date on Modernization project against the plan, what costs have already been incurred to date against the original plan.

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business goals

Strategy and Business Alignment

The organization’s skills, as well as management’s ability to create and promote an environment of productivity,









To assess SARS IT Strategic Plan, Gartner will analyze the IT organization across 4 key dimensions. These dimensions allow us to fully understand the relationship between business and IT, technology capabilities, as well as any organizational impediments to the successful execution of an IT Strategy.

Gartner’s Framework For IT Strategy assessments, we utilize an integrated framework towards evaluating and planning investments in technology

124














capabilities



Gartner’s Framework 125


Gartner Conceptual Approach – Bringing the Right Methodologies to Bear ■ Gartner proposes to leverage a combination of its IT Strategy and IT Organization

Design approaches to address SARS specific issues.



Assess Capabilities


Develop Roadmap

Implement

Strategy


IT Implications

Vision

IT Imperatives

Operating Model

People

Process

Technology

IT Initiatives


Governance

Programs


Business Cases

Communicate

Manage

Monitor


Utility-Oriented Enhancement-Oriented Transformation-OrientedSupports the Company Enables the Company Drives the Company

CentralizedHybrid


IT Service Delivery




Money


IT S

trate

gy A

ppro

ach

IT O

rgan

izat

ion

Des

ign

Appr

oach

Relevant Approaches

By leveraging strategy and organization design methods and tools, Gartner can provide findings into the key questions SARS has raised.

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IT

Capability Assessment and

Gaps

Final Findings Report


Project Kickoff Data Collection &



Model


Gap Analysis







Review existing documentation – strategies, organization charts, process descriptions, architecture


Conduct targeted assessment of five key areas

• IT Strategy • Architecture and

technology • Sourcing governance • Application

development and project management

• Modernization project Conduct high level

spend analysis Determine key gaps


Deliver final findings report






127



Project Kickoff

Understand Current

Environment


Delivery Model



Wk 1 Wks 1 - 2

Wks 2 - 4

Wks 4 - 9

Wks 9 - 10




128


Detailed Approach Project Schedule Gartner Project Team Organization Gartner Roles and Responsibilities Gartner Project Management Life Cycle Assumptions Investment Summary and Invoicing Proposal Validity Period and Changes to Scope Authorization

Statement of Work

129


Detailed Approach Task 1: Project Initiation

Task 1: Project Initiation Deliverable(s) and Time Frame

Objective: Set the foundation for a successful engagement that is

delivered on time and within budget, and achieves business objectives

Activities performed by Gartner: Hold a kickoff meeting to ensure understanding of the

project objectives, scope, schedule, and milestones, roles, responsibilities and required resources. Gartner will also discuss anticipated risks and mitigation plans, based on lessons learned from past experience

Gather any relevant background material Outline interview needs

SARS responsibilities: Ensure attendance at kickoff meeting by Project

Sponsor, Project Manager and other key stakeholders, as determined prior to kickoff

Identify key stakeholders for interviews and workshops Provide documentation as requested

Deliverable(s): Kickoff meeting materials Draft project schedule Draft project plan

Anticipated Time frame: 1 – 2 days




Model


Gap Analysis Final Report 130


Detailed Approach Task 2: Data Collection and Current Environment Understanding

Task 2: Understand Current Environment Deliverable(s) and Time Frame

Objective: Understand business and IT context in sufficient detail

to determine appropriate role and positioning for IT Obtain sufficient financial and staffing information to

enable high-level benchmarking and spend analysis Activities performed by Gartner: Conduct interviews with key business executives Conduct interviews with key IT executives Review documentation provided by SARS Provide data collection templates for benchmarking

analyses SARS responsibilities: Select and schedule interviews; participate if desired Collect and review financial/staffing information with

Gartner

Deliverable(s): Interview guides Documented business imperatives IT implications IT principles Summary findings for internal review

Anticipated Time frame: 2 weeks




Model




Detailed Approach Task 3: Review IT Vision, Role, and Service Delivery Model

Task 3: IT Vision, Role, and Operating Model Deliverable(s) and Time Frame

Objective: Review role and vision of IT Review current operating model Determine future state requirements

Activities performed by Gartner: Review Business and IT imperatives and associated

linkages Review current operating model Prepare and conduct business-IT alignment and

operating model workshop with key business and IT stakeholders to refine findings and develop consensus

SARS responsibilities: Review findings and help refine; provide relevant

context to assure accuracy of interpretation Participate in workshop

Deliverable(s): Review of IT imperatives linked to business

imperatives Review of current IT operating model Business-IT Alignment / Operating Model Workshop





Model




Detailed Approach Task 4: Assess Capabilities Task 4: Assess Capabilities Deliverable(s) and Time Frame

Objective: Assess key IT capabilities relative to current IT strategy Assess current governance processes Assess modernization programme Assess security processes and technology infrastructure Assess development and project management methodologies

Activities performed by Gartner: Conduct additional interviews in targeted assessment areas Review any relevant documentation (e.g., organization charts,

process documentation, architecture schematics, applications assessments)

Assess IT capabilities vs. needed capabilities as required to

support business strategy and current operating model

Review Modernization project and conduct focused interviews Conduct benchmarking analysis Prepare and conduct assessment working session Document analysis and outcomes

SARS responsibilities: Provide all relevant previously competed analyses and

documentation Identify interviewees and schedule Participate in working sessions Review and provide comments on interim results

Deliverable(s): Documented assessment findings for the key focus

areas Anticipated Time frame: 5 - 6 weeks




Model




Detailed Approach Task 5: Final Report

Task 5: Final Report Deliverable(s) and Time Frame

Objective: Develop final report and executive briefing

Activities performed by Gartner: Prepare and deliver executive briefing Prepare final report

SARS responsibilities: Review preliminary findings and help refine Jointly conduct executive briefing

Deliverable(s): Executive briefing Final report





Model




Project Schedule


Project Initiation

Week 2

Assess Capabilities



Assessment Workshop

Executive Briefing

Final Report


135


Gartner Project Team Organization ■ Gartner has created an organization structure for this engagement that ensures high-

level sponsorship and quality assurance, strong day-to-day project management, a focused team of project consultants, and deep subject matter expertise.

SARS Project Sponsor Jonas Makwakwa

Dan Zulu Engagement Manager Neville Willemse

Project Consultant John Cato

Project Consultant Hugo Winterbach

QA Reviewer Neville Willemse

Project Consultant Jack Matthews

Project Consultant Rakesh Beekum

Project Consultant Johan Jacobs

Project Consultant Eion Gibson

Project Consultant Riedwaan Daniels

Project Consultant Leonie Mcmanus

136


Gartner Roles and Responsibilities Gartner Associate Role Responsibilities


Ensure that Gartner activities support SARS goals Build and maintain a long-standing relationship with SARS Provide high-level oversight to the project and become more heavily involved

should any issue resolution be necessary

Johan Jacobs Project Manager/ Core Project Consultant

Be responsible for the day-to-day management of project initiatives Ensure that project deliverables are completed on time and meet the Gartner

quality standards Act as the primary point of contact for the Gartner team Work closely with SARS to ensure that Gartner is meeting its needs Provide day-to-day consulting support for project tasks Be supported by additional project consultants as needed

Rakesh Beekum Subject Matter Expert, IT Strategy



John Cato Subject Matter Expert, IT Strategy, Governance, Security



Hugo Winterbach Subject Matter Expert, IT Strategy, Change Management



Jack Matthews




137


Gartner Roles and Responsibilities cont’d Gartner Associate Role Responsibilities

Eion Gibson




Riedwaan Daniels Subject Matter Expert, Infrastructure, Telecommunications



Leonie Mcmanus Subject Matter Expert, Benchmarking, Telecommunications



138




■ Create customized approach ■ Create collaborative approach ■ Conduct a client kickoff planning meeting ■ Build project management plans ■ Apply project management tools and leading

techniques ■ Define governance model ■ Manage execution ■ Conduct quality assurance ■ Proactively manage changes and risks ■ Follow quality control process ■ Report performance ■ Review contract with client at project close ■ Ensure knowledge transfer

The following Gartner Project Management activities are

designed to achieve project success and client satisfaction

through on-time and on-budget delivery, open lines of

communication and detailed reporting throughout the project,

and deliverables that meet client needs and objectives.



139



The deliverables, schedule and pricing in this proposal are based on the following assumptions: ■ SARS will designate a project manager to act as the primary point of contact for this project. The

SARS project manager will be expected to work closely with the Gartner employees as needed and will: (a) approve project priorities, detailed task plans and schedules; (b) facilitate the scheduling of Gartner interviews with appropriate client personnel; (c) notify Gartner in writing of any project or performance issues; and (d) assist in resolving project issues that may arise.





140


Assumptions Data Collection and Key Personnel

Data Collection ■ The data are reasonably available via interviews and documentation review. ■ SARS will provide timely access to all appropriate personnel to be interviewed. These personnel will

have the ability to provide data necessary to complete this project, answer questions, provide existing documentation and attend working sessions.



Key Personnel ■ Resumes of key personnel provided in this proposal assume a project start date of 19 January 2015.

If the actual project start date is different, proposed individuals may not be available. In this event, we will work with SARS to identify alternative personnel with appropriate skills and background.

141


Assumptions Place of Performance, Deliverables and Changes to Scope

Place of Performance ■ With the exception of meetings and workshops, Gartner work will be performed at Gartner locations. ■ Office space will be made available to Gartner staff at SARS location for onsite project time. The

SARS office location is assumed to be in Pretoria. ■ Gartner will have access to printing/copying services at SARS location. Deliverables and Changes to Scope ■ Any requests for additional information (beyond the details described in the tasks above) that are

made by SARS will be considered a change in scope for this engagement and will be handled accordingly (see Changes to Scope section of this proposal).


142




■ Gartner will submit invoices as follows – 30% of the professional fees on completion of Task 2 – 30 % of the professional fees on completion of task 4 – 40% of the professional fees on completion of the project



143


Changes to Scope


■ As used herein, “changes” are defined as work activities or work products not originally planned for or specifically defined by this SOW. By way of example and not limitation, changes include the following: – Any activities not specifically set forth in this SOW – Providing or developing any deliverables not specifically set forth in this SOW – Any change in the respective responsibilities of Gartner and SARS set forth in this SOW, including any

reallocation or any changes in engagement or project manager staffing – Any rework of completed activities or accepted deliverables – Any investigative work to determine the cost or other impact of changes requested by SARS – Any additional work caused by a change in the assumptions set forth in this SOW – Any delays in deliverable caused by a modification to the acceptance criteria set forth in this SOW – Any changes requiring additional research analyst time or changes to research analyst resources

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DATE


SIGNATURE Kimberley Holland, Director


Authorization The parties agree that this Statement of Work (SoW) and the Services provided hereunder shall be subject to and governed by the terms and conditions of the Master Consulting Services Agreement between State Information Technology Agency (SITA) and Gartner Ireland Limited dated February 2005. These two documents will set forth the relationship between the parties for Gartner Engagement xxxxxxxxx, at a total cost of R5 041 950.00 excluding VAT.

DATE


SIGNATURE



145





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http://www.gartner.com/5_about/company_information/guiding_principles.jsp


http://www.gartner.com/

mailto:[email protected]



Attachments

147


Mr. Jacobs’s more than 28 years of experience in the global IT industry spans business development, enterprise programme management, enterprise applications, business intelligence and strategic planning. He is a leading authority on Customer Relationship Management (CRM) and Enterprise Resource Planning (ERP) and has extensive experience in the Call Center and Help Desk industry. As the lead analyst in Gartner for eServices, Mr. Jacobs developed best practices and research in Email Response Management (ERMS), Web Self Service, Virtual Assistants, Knowledge Management and Web Chat. He provided a synergistic approach to matching business need to technology capability, focusing extensively on measurement and monitoring of services across the entire enterprise application technology spectrum. Recent consulting engagements have included: ■ Review of Government IFMS programme ■ Strategic advisor for a national financial governing body for the implementation of a CRM and ERP solution ■ Critical program assessments spanning three years for a metropolitan municipality’s CRM and ERP implementation

efforts ■ Key advisor to and developer of a Unified Communications Contact Center tender for a large public services metropole ■ Assisting a metropolitan municipality with their ERP requirements definition, development of an RFP, evaluation of the

responses and recommendations on the solution vendor and solution integrator ■ Assessment of an CRM and ERP blueprint for a lSouth African government department Prior to joining Gartner Group in early 2001, Mr. Jacobs gained substantial experience working at a wide range of Financial Services and IT vendor organizations where he held a number of senior positions. Mr. Jacobs holds postgraduate qualifications in Information Technology (NHD-CS) and in Management (NHD-MMP) obtained at Port Elizabeth and Cape Town respectively.

Project Team Biographies Johan Jacobs, Senior Consultant

148


Rakesh has spent twenty two years developing a strong base in consulting, strategy, marketing, information technology, project/programme and business management within telecommunications, mining, institutes, information technology and management consulting environments. During this time he has also acquired deep level leadership, strategy, consultative and financial skills. Rakesh has worked for the South African Institute of Chartered Accountants, arivia.kom Consulting, De Beers, MTN South Africa, Telkom South Africa, Coopers & Lybrand CompuTeach, Natal Computer College and the Durban University of Technology. He has consulted to Eskom, ACSA (Airports Company South Africa), JFPM (Johannesburg Fresh Produce Market), Swaziland Institute of Accountants and Alstom. He is a member of the Institute of Directors, Chairman of XBRL SA, and Chairman of the IT Board. Rakesh is articulate, confident and ambitious and believes that discipline, determination and hard work together with tact and creativity will provide an amicable solution in any situation. He has great experience in team development, change management and articulating business, marketing, and IT strategy. He is passionate about a service excellence culture and delivery ethic. He views himself as an ‘intrapreneur’ and an investor – investing his time and effort into an organization whereby the organization receives measured value add from his services. Recent engagements have included ■ Formulated and implemented SAICA’s three year transformational IT strategy positioning the Institute as a world class

leader. Some of the projects involved the web presence (www.saica.co.za) , business intelligence, workflow, Tax Portal (www.taxsuite.co.za) Member Relationship Management, Human Capital Management, IT Governance Toolkit, Products & Services, mobile applications etc (>50 IT projects implemented).

■ IM Strategy for Eskom Transmission ■ IT Strategy for Johannesburg Fresh Produce Market (4th largest market in the world: >R2bn turnover) ■ Programme Manager at Airports Company South Africa (ACSA) – IT Transformation Programme that included the

formulation of the IT Strategy, setup of PMO and methodology, formulation of IT Governance and the development of the architecture.

■ ICT Strategy for 12 billion rand diamond mine (Centenary Cut) and management of the IT operations (including Group systems and SAP implementation) at EXCO level including strategy formulation, implementation and control.

Educational Background ■ MBA: University of Pretoria 2002 ■ National Diploma- Computer Data Processing, Durban University of Technology 1991 ■ Currently completing Masters in IT at the University of Pretoria

Project Team Biographies Rakesh Beekum, Senior Consultant

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http://www.saica.co.za/

http://www.taxsuite.co.za/


John Cato is an experienced consultant with more than 30 years of experience in the IT industry, approximately half of which have been spent in vendor organisations and the other half in user organisations. During this time he has gained experience in strategic planning, infrastructure architecture, information security, compliance, governance, project management and vendor relationship management. A few of the key highlights are: ■ Development of IT Strategy for Government agency ■ A security and risk assessment for a major mining house. ■ King III assessment and planning engagements for an IT vendor, a media company and an airline. ■ The development of an IT Strategy and Strategic plan for a media company. ■ The formulation of an IT Service Management strategy, definition of requirements for selecting an implementation

partner, management of the procurement and vendor selection process. He also led the scoping activities for the project and conclusion of the contracts.


■ The development of technical architectures in the airline and retail industries. ■ He has served as the Information Security Officer in a national airline for a number of years. He represented the airline

on an international Information Security Task Force as part of this role. He also held responsibilities for elements of the role of the Compliance Officer.

■ The management of relationships between business and IT outsource partners. ■ The selection and sourcing of a number of solutions and service providers. More recently, John has been placing focus on IT GRC (Governance, Risk and Compliance) with an emphasis on local requirements such as King III and the New Companies Act, the Protection of Personal Information Act, as well as international practices in this area such as COBIT 5.

Project Team Biographies John Cato, Senior Consultant

150


Hugo Winterbach is an Engineering and ICT professional and fulfilled senior executive roles in the South African corporate environment. It was during his time as Chief Information Officer that he recognised the need for formalised change management in order to bring ICT projects to a successful close. He developed a passion for change management (with a focus on strategic changes) and extended his skills in this regard beyond only ICT to effect and manage changes in all aspects of organisational functions. Hugo regards himself as a forward thinker and he does not shy away from experimenting with new ideas and processes. He also possesses the ability to identify, mentor and coach junior leaders to develop them into strategy enablers. Recent engagements included ■ Sourcing of application solutions for a major distance learning tertiary education institution. ■ Developed a change management communication strategy and model for a major outsourcing company. ■ Performed the following for a mining company:

– Development of an IT strategy

– Development of an IT Governance framework

– Establishment of supporting policies and procedures for the above mentioned framework

– Designing of an ICT infrastructure architecture

– Sourcing hardware and software for the IT infrastructure

– Sourcing of IT and Networking services

– Developing of an application integration framework and model Prior to joining Gartner, Hugo fulfilled a senior IT role in Transnet, followed by the CIO position at Business Connexion, a large ICT outsource company, where he gained significant insights into the practical intricacies of outsourcing versus in-sourcing.

Project Team Biographies Hugo Winterbach, Senior Consultant

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Prior to his joining Gartner as a Senior Consultant, Jack worked for META Group South Africa as a Strategic Advisor for Business Applications and Sourcing. He is a highly experienced and versatile business oriented senior IT executive with extensive experience in strategic IT planning and facilitation, business applications and outsourcing. Jack’s experience has been gained working with companies in Europe, Africa (South Africa, Central Africa and the Indian Oceans Islands) and the Middle East. Recent engagements have included: ■ Multiple program oversight projects for a tertiary institution ■ Project assessment for a major retailer ■ Sourcing transition and transformation assistance to a major utility ■ Business intelligence competency centre framework for a government owned organisation ■ Sourcing evaluation and selection for two government owned organisations ■ Indicative study for an outsourced ERP environment at a government owned private enterprise ■ Applications assessment at a major healthcare insurance company ■ Assessment of outsourced desktop, mainframe, midrange, WAN/LAN environments at a government owned private

enterprise ■ Assessment of desktop and application outsourced environments for a National government department ■ ERP selection process for a healthcare company He worked for 9 years (of his, more than 30 years of experience), for Comparex Africa, where he was divisional head for the Project Management Office and on the Comparex Africa, Western Cape Executive Management team. Prior to joining Comparex, Jack was one of the founder members of MD&A (an application development software company) consulting to Financial Services, Retail and Petrochemical companies. Jack has gained extensive experience in the focus areas of Sourcing, Enterprise Applications, Project & Programme Management and Rescues and Project Quality Assurance Audits across IT Projects and Programmes in various Market Sectors. Jack has strong programme management skills and a proven ability to meet tight deadlines. Additionally he has experience in corporate marketing, design and implementation of large-scale complex projects in a variety of industries. Jack is able to act as a strategic thinker and has a proven ability to develop and implement integrated solutions and outsource strategies with a clear business focus in complex environments.

Project Team Biographies Jack Matthews, Senior Consultant

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Eion Gibson specialises in Enterprise Architecture, Strategic Sourcing, African carriers/PTTs and consortia, host connectivity, wide area and campus network design and middleware infrastructure. In his twenty years of experience Gibson has been involved in telecommunications, IT networks, middleware, architecture and planning, directories, groupware, intranets/Internet, host communications, sourcing and vendor management. Recent engagements have included: ■ Network sourcing for a State Owned Enterprise ■ Application sourcing for a major central bank ■ Enterprise architecture for an international commercial bank and development bank ■ Sourcing evaluation and selection for two Government owned organisations ■ IS Lite study at a mining group ■ Evaluation and selection of a networking service for a Government owned private enterprise ■ Desktop service sourcing for public and private enterprises ■ Enterprise architecture development for public and private enterprises ■ Vendor Management Strategy and Plan Development at a large power utility ■ SI market assessment at a large Telco ■ Sourcing strategy and services outsourcing at a large bank ■ Sourcing deal assessment at a manufacturer. Before joining META Group Inc. as a Program Director in the GNS/SIS services in May 1998, he was senior architecture consultant for Eskom, the South African power utility. He was responsible for network computing strategies, architectures, security infrastructure, performing technology assessment, evaluation, and planning. In January 2000 he moved over to META Group as a consultant focusing on infrastructure development. Eion transitioned to Gartner when META Group was acquired by Gartner in 2005.

Project Team Biographies Eion Gibson, Senior Consultant

153


Riedwaan Daniels specialises in Data Center Modernization and Consolidation, Communications Infrastructure Modernization and IT Networks, Outsourcing, Vendor Management, IT Asset Management, Shared Services, African carriers/PTTs, Satellites and consortia, Business Continuity Management, IT Cost Optimization, IT Budgeting and Contract Negotiations. In his more than thirty years of experience Riedwaan has been involved in telecommunications including VSAT, IT networks, middleware, architecture and planning, directories, intranets/Internet, host communications and SharePoint Recent engagements have included: ■ Providing Readiness Assessment, identifying Project Risks and providing overall Project Assurance to a large

Engineering, Procurement, Construction and Management Organization that provides services and projects to the Mineral Industry

■ Evaluation and selection of an Outsourced service provider for a large international Exports Company ■ Design and implementation of a Governance Framework for a large international heavy-duty meat processing equipment

Organization ■ Optimizing IT infrastructure and processes of the biggest food ingredients manufacturer on the African continent. ■ Providing consulting and advisory services in the areas of IT Applications, Governance, Strategic Planning and Network

Infrastructure to an international spice manufacturing and distribution organisation Before joining British American Tobacco (BATSA) in 1991 as IT Network Manager and also later representing BATSA in the international IT Council, he was senior network engineer at Telkom, actively involved in the planning and deployment of the first Diginet Multiplexers in the Western Cape. Joining De Beers in 2003 he was involved in various SAP upgrades, implementations and deployments across the organization. As IT Manager for De Beers Marine, his responsibility included their entire IT landscape, including satellite services for voice and data to the vessels at sea. Riedwaan resigned from De Beers Marine in 2012, and started consulting with a partner to local and international organizations primarily based in the Western Cape, but also across the country.

Project Team Biographies Riedwaan Daniels, Senior Consultant

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Leonie McManus has more than 20 years experience in the IT industry, specifically in the areas of general IT Consulting, IS Strategic Planning, Network Strategies, Total Cost of Ownership and Benchmarking. After graduating from the University of Pretoria with a B.Sc (Computer Science) Cum Laude, Leonie’s career commenced at Infoplan where she was contracted out to Govnet to establish the national SNA network for the Government. Leonie subsequently continued her consulting career at Informatica and Deloitte Consulting. She received her M.Sc. (Computer Science) degree Cum Laude from University of Pretoria – the title of her thesis was “Integrated Network and Systems Management”. Leonie has been involved with Gartner Africa in Total Cost of Ownership (TCO) and Measurement-related projects since 2000.

Project Team Biographies Leonie Mcmanus, Consultant

155


Neville has more than 40 years experience in the IT industry. He spent 29 years at IBM where he held various senior executive positions such as ■ General Manager, Banking ■ Managing Director, Corporate Business ■ Solutions Executive Neville fulfilled the role of program manager for a major CRM transformational initiative in IBM South Africa focusing mainly on people and process as the CRM technology was not yet available. After leaving IBM, he took up a position as Managing Director of Conscripti (Pty) Ltd, the local representatives for Tata Consultancy Services. He then joined META Group South Africa as Sales Manager and joined Gartner Africa as Consulting Manager when they acquired META Group in 2005. In 2010 he assumed responsibility for Sales and Consulting. Recent consulting engagements, apart from his responsibility of managing the consulting team, have included: ■ IT Strategy for an SOC ■ Sourcing evaluation and selection for two Government owned organisations ■ Business Intelligence maturity assessment ■ Establishment of a Bid Centre in South Africa for a major global vendor

Project Team Biographies Neville Willemse, General Manager

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Dan Zulu Group Executive: Branch Operations SARS Telephone: 012 422 5069/556 Cell: 082 882 1200 [email protected]

Annalie Frost Account Executive Gartner Africa Telephone: +27 11 803 4706 Cell: 083 677 1879 [email protected]

Contacts

Michael Mavusu Acting Senior Manager: ICT Category SARS Telephone: 012 422 4497 Cell: 082 455 7024 [email protected]

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Table of Contents


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Scope






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166




business goals













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capabilities









Assess Capabilities


Develop Roadmap

Implement

Strategy


IT Implications

Vision

IT Imperatives

Operating Model

People

Process

Technology

IT Initiatives


Governance

Programs


Business Cases

Communicate

Manage

Monitor



CentralizedHybrid


IT Service Delivery




Money


IT S

trate

gy A

ppro

ach

IT O

rgan

izat

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Des

ign

Appr

oach

Relevant Approaches


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IT


Gaps






Model


Gap Analysis






















170



Project Kickoff

Understand Current

Environment


Delivery Model



Wk 1 Wks 1 - 2

Wks 2 - 4

Wks 4 - 9

Wks 9 - 10




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Statement of Work

172

















Model










Gartner






Model


















Model


















Model














Model




Project Schedule


Project Initiation

Week 2

Assess Capabilities



Assessment Workshop

Executive Briefing

Final Report


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Jack Matthews




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Eion Gibson










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Changes to Scope




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DATE





DATE


SIGNATURE



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Attachments

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1

From: Annalie FrostSent: Thursday, January 1, 2015 2:13 PMTo: Michael Mavuso ([email protected])Cc: Neville Willemse; Barbara Robertson; Rene JacobsSubject: Gartner proposal for SARS - 1 Jan 2015Attachments: SARS-Strategic IT Assessment-xxxxxxxxx-PROPOSAL_Draft V2.pdf

Afternoon Michael, please see attached the proposal for your and Dan’s review before our meeting tomorrow at 11H00 – please share with Dan Zulu. I will be at the meeting in person and teleconference Neville Willemse in. Best regards,



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capabilities









Assess Capabilities


Develop Roadmap

Implement

Strategy


IT Implications

Vision

IT Imperatives

Operating Model

People

Process

Technology

IT Initiatives


Governance

Programs


Business Cases

Communicate

Manage

Monitor



CentralizedHybrid


IT Service Delivery




Money


IT S

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ign

Appr

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Relevant Approaches


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Model


Gap Analysis






















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Project Kickoff

Understand Current

Environment


Delivery Model



Wk 1 Wks 1 - 2

Wks 2 - 4

Wks 4 - 9

Wks 9 - 10




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Statement of Work

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Project Schedule


Project Initiation

Week 2

Assess Capabilities



Assessment Workshop

Executive Briefing

Final Report


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Subject: Gartner's proposal for SARSLocation: Lehae la SARS Block A , Bronkhorst Street , Pretoria

Start: Fri 1/2/2015 11:00 AMEnd: Fri 1/2/2015 12:00 PM

Recurrence: (none)

Meeting Status: Accepted

Organizer: Michael Mavuso


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From: Neville WillemseSent: Monday, January 5, 2015 2:23 PMTo: Annalie FrostCc: Barbara Robertson; Rene Jacobs; ConsultingSASubject: SARS ProposalAttachments: SARS-Strategic IT Assessment-330027277-PROPOSAL_Final V2.pdf; SARS-Strategic

IT Assessment-330027277-PROPOSAL_Final V2.pptx

Hi Annalie, I have had the proposal QA’ed by Gartner and they have also allocated an engagement number. You can send the PDF version to SARS. Thanks. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


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From: [email protected]: Tuesday, January 6, 2015 10:59 AMTo: Erick SmithCc: Michael Mavuso; Kamogelo Mampane; Makgama Mahura; Neville WillemseSubject: RE: AGREEMENT - SARS / GARTNERAttachments: MCSA January 2015.docx

Good Morning Erick, Please see attached as requested. Kamogelo, kindly send me an electronic copy of the one‐on‐one confidentiality agreement. I have forwarded the NDA to our lawyers and will give you feedback shortly. Could you share an electronic version of the latter as well. All the best,



From: Erick Smith [mailto:[email protected]] Sent: 05 January 2015 09:52 AM To: Annalie Frost Cc: Michael Mavuso; Kamogelo Mampane; Makgama Mahura Subject: AGREEMENT - SARS / GARTNER

Dear Annalie I refer to our meeting on Friday and will be pleased to receive a copy of your “standard agreement” as discussed Regards Erick

Erick Smith Executive : Commercial, M&T & Risk Corporate Legal Services

1st floor Khanyisa Building SARS Head Office Pretoria

Office: +27 (0)12 422 5034 Cell : +27 (0)82 321 1189

Fax: +27 (0)12 422 4963

Email: [email protected]

Web Site: www.sars.gov.za

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Gartner Ireland Master Consulting Services Agreement Version 0707 Page 1

MASTER CONSULTING SERVICES AGREEMENT This Agreement, dated as of 6 January 2015 (the “Effective Date”), is between Gartner Ireland Limited whose registered office is at Level 4, 80 Harcourt Street, Dublin 2, Ireland (“Gartner”) and South African Revenue Services whose registered office is at Lehae La Sars, 299 Bronkhorst Street, Nieuw Muckleneuk, 0181, Pretoria, South Africa (“Client”), and sets out the terms and conditions for the provision of consulting and/or measurement services to be performed by Gartner for Client (collectively, the “Services”). 1. Scope of Services. This Agreement is applicable to all Services provided by Gartner during the term of this Agreement which Services are set out in a Statement of Work entered into by the parties in accordance with section 2. The actual work to be performed by Gartner in any specific engagement, and the fees to be paid by Client for such engagement, will be set out in the applicable Statement of Work. If there is any conflict or inconsistency between a term in this Agreement and a term in any Statement of Work or other documents referred to or otherwise incorporated into this Agreement, the term in this Agreement shall take precedence, unless the Statement of Work or other document which is incorporated into this Agreement is expressly stated to take precedence over this Agreement. 2. Statements of Work. Statements of Work are documents signed by both Gartner and Client that contain at least the following elements for each engagement: (i) the scope of the Services for the specific engagement; (ii) the deliverables to be provided by Gartner (the “Deliverables”); (iii) the specific responsibilities of Client and (iv) the fees and payment schedule for the Services. The parties may make changes to the Statement of Work in accordance with section 21 of this Agreement. 3. Term of Agreement. This Agreement shall remain in effect until terminated by either party on at least 30 days’ prior written notice to the other party. 4. Term of Statements of Work. Each Statement of Work shall remain in effect until the Services specified in that Statement of Work have been completed by Gartner and are accepted by Client in accordance with section 13 of this Agreement. Each party may however terminate a Statement of Work immediately by written notice to the other if the other party is in material breach of any of its obligations under that Statement of Work and either that breach is incapable of remedy or the other party shall have failed to remedy that breach within 30 days after receiving written notice requiring it to remedy that breach. 5. Effect of Termination. Following any termination of this Agreement, Gartner shall complete, and Client shall pay Gartner for, the Services under all Statements of Work in force as of the effective date of termination. The provisions of this Agreement shall continue to apply to all those Statements of Work. Any termination of this Agreement shall not affect any accrued rights or liabilities of either party, nor shall it affect the coming into force or the continuance in force of any provision of this Agreement which is

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expressly or by implication intended to come into force or continue in force on or after termination. 6. Intellectual Property. (a) Gartner shall retain sole and exclusive ownership of the Deliverable(s), Gartner tools, methodologies, questionnaires, responses, proprietary research and data, software, software documentation and other materials generated, provided or made available by Gartner in the course of performing the Services in each case, whether in hard copy, electronically or otherwise, (the “Gartner Materials”), together with all intellectual property rights in the Gartner Materials. (b) Nothing contained in this Agreement or any Statement or Work shall preclude Gartner from rendering services to others or developing work products that are competitive with, or functionally comparable to, the Services. Gartner shall not be restricted in its use of ideas, concepts, know-how, data and techniques acquired or learned in the course of performing the Services, provided that Gartner shall not use or disclose any of Client’s confidential information, as defined in Section 8. (c) With respect to any measurement Services performed by Gartner, Client acknowledges that (i) the contents of the Measurement Report (as defined in the Statement of Work) and other deliverables are based upon information which is proprietary to Gartner and contained in Gartner’s proprietary database, (ii) the contents of Gartner's database and any copyright or database rights or other intellectual property rights in Gartner's database belong to Gartner solely, (iii) Client’s data will become part of Gartner's database, (iv) Gartner will code any presentation of Client’s data to preserve Client’s anonymity, and (v) Gartner's database will be used by Gartner in future consulting and measurement engagements. Client grants Gartner a worldwide, non-exclusive, royalty-free, paid-up perpetual licence to use Client's data for the purposes set out in this sub-section 6(c). (d) Client shall retain its intellectual property rights in all proprietary materials that Client supplies to Gartner. If Client provides Gartner with materials owned by or licensed to Client (the “Client Materials”), Client grants to Gartner a non-exclusive, royalty-free, paid-up licence to use the Client Materials for the purpose of fulfilling its obligations under each Statement of Work. 7. Use of Deliverables. Subject to the payment in full of the applicable fees set out in the Statement of Work, Gartner grants to Client for internal purposes only a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, display, distribute copies of, and prepare derivative works of the Deliverables. Unless the Deliverable is a Request for Proposal (RFP), Client shall not make the Deliverables available, in whole or in part, to any person outside Client, or quote excerpts from the Deliverables to any such person. Notwithstanding the foregoing, Client may disclose the Deliverables to (i) its external auditors and/or accountants, (ii) third parties who have signed appropriate confidentiality agreements with Client and who are engaged by Client to review or implement suggestions for Client's business (but not for any commercial exploitation) or to further research the issues contained in the Deliverables provided that the confidentiality

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agreement prohibits the relevant third party from using the Deliverables for any other purpose, and (iii) governmental or competent regulatory authority as required by law or regulation. 8. Confidentiality. (a) Each party agrees to keep confidential and not to use or disclose to any third parties unless expressly permitted by this Agreement any non-public business information of the other party learned or disclosed in connection with this Agreement and any Statement of Work, including, in the case of information provided by Gartner, the Gartner Materials (the “Confidential Information”). The obligations of each party with respect to the Confidential Information of the other party shall terminate with respect to any particular portion of that Confidential Information if and when: (i) it is in the public domain at the time of its communication; (ii) it is developed independently by the receiving party without use of any Confidential Information; (iii) it enters the public domain through no fault of the receiving party subsequent to the time of the disclosing party’s communication to the receiving party; (iv) it is in the receiving party’s possession free of any obligation of confidence at the time of the disclosing party’s communication; (v) it is communicated by the disclosing party to a third party free of any obligation of confidence; or (vi) the receiving party has the disclosing party’s written permission. (b) The receiving party may disclose Confidential Information where required to do so by law or by any competent regulatory authority. In these circumstances, the receiving party shall give the disclosing party prompt advance written notice of the disclosure (where lawful and practical to do so) so that the disclosing party has sufficient opportunity (where possible) to prevent or control the manner of disclosure by appropriate legal means. 9. Warranties. (a) Client warrants that: (i) Gartner’s use of Client's data in accordance with section 6(c) and its use of Client Materials in connection with a Statement of Work does not infringe any copyright, trademark, trade secret or other right of any third party and (ii) in all material respects, Client Materials are true, accurate, complete and not misleading. (b) Gartner warrants that: (i) the Deliverables, in the form provided to Client, do not infringe any copyright, trademark, trade secret or other right of any third party and (ii) Gartner’s personnel will use all reasonable skill and care when providing the Services in accordance with the Statement of Work. (c) Except as expressly provided in this Agreement or any Statement of Work, no representation, warranty or condition, express or implied, statutory or otherwise, is given by Gartner and all such representations, warranties and conditions are excluded except to the extent that their exclusion is prohibited by law. (d) Although Gartner has used its reasonable endeavours to ensure that its third party sources are reliable, Gartner shall not be liable, whether in contract, tort or otherwise, for any damage suffered by Client as a result of information provided by third parties and contained in the Deliverables being inaccurate or incomplete.

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(e) Gartner shall have no obligation to update the Deliverables once they have been delivered to Client. 10. Limitation of Liability. (a) Neither party excludes or limits its liability for fraud or for death or personal injury caused by its negligence or that of its employees, agents or sub-contractors; (b) Subject to sub-section 10 (a), Gartner’s liability to Client under or in connection with this Agreement and each Statement of Work, whether arising from negligence, breach of contract or otherwise, in respect of all the events occurring during any year that give rise to a liability, is limited in aggregate to the greater of: (i) 2,500 Euro and (ii) an amount equivalent to the fees paid by Client under that Statement of Work in respect of that year. For the purpose of this sub-section, a "year" means the twelve-month period commencing on the date of this Agreement and each twelve month period commencing on the anniversary of that date. If the period from the last anniversary of that date until the date of termination of this agreement is less than twelve months, that shorter period shall be deemed to be a "year" for the purpose of this sub-section. (c) Subject to sub-section 10(a), neither party shall be liable to the other party for (i) loss of profits, revenues or contracts, business interruption, loss or corruption of data or (ii) indirect, special or consequential loss or damage, even if that loss was reasonably foreseeable and whether arising from negligence, breach of contract or otherwise. (d) Except for actions brought by Gartner for payment, neither party may bring an action against the other under this Agreement or any Statement of Work, whether for breach of contract, negligence or otherwise, more than two years after that party becomes aware of the cause of action, claim or event giving rise to the cause of action or claim. (e) The parties agree that the limitations and exclusions set out in this clause 10 are reasonable having regard to all the relevant circumstances, and the levels of risk associated with each party's obligations under this agreement. 11. Fees and Expenses. (a) Client shall pay the fees specified in each Statement of Work to Gartner in accordance with the payment terms set out in that Statement of Work. (b) The fees due to Gartner in connection with each Statement of Work are exclusive of VAT which shall be paid by Client at the rate and in the manner for the time being prescribed by law, except as required by law. If the Services are subject to any taxes, other than taxes based upon Gartner’s income, Client shall pay those taxes. In the absence of a signed Statement of Work setting out the fees, Gartner shall invoice and Client shall pay Gartner for the services monthly on a time-and-materials basis, at Gartner’s then current rates. (c) Client agrees to pay all reasonable travel and subsistence expenses incurred by Gartner in connection with providing the Services. Out-of-pocket expenses related to

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travel and subsistence will be invoiced at the actual amount incurred and are not included in the professional fees set out in each Statement of Work. Gartner will invoice monthly for travel and subsistence expenses incurred in the prior month. (d) Client agrees to indemnify and keep indemnified Gartner for all fees incurred by Gartner if Gartner is required to produce document or witness evidence for use in proceedings between Client and a third party in any jurisdiction for all matters arising out of or in connection with the Services or Deliverables. Such fees include, without limitation, fees incurred by Gartner or by its outside Counsel on Gartner's behalf to respond, object to or negotiate the terms of Gartner's compliance with the proceedings together with fees for time spent by Gartner's employees at Gartner's then current consulting rates to respond to the proceedings and all other reasonable out-of-pocket expenses incurred by Gartner, including, without limitation, outside Counsel fees and travel. For the avoidance of doubt, this clause is only operative to the extent that the fees are not met by a third party pursuant to an Order for costs from a Court of competent jurisdiction. (e) Without prejudice to its other rights and remedies, Gartner may charge, and Client shall pay, interest (after as well as before any judgement), accruing daily from the due date to the date of actual payment on any overdue amounts under this Agreement at the rate of 2 per cent. per annum above the base rate of Barclays Bank for the time being in force. 12. Data Protection. (a) In performing its obligations under this Agreement and any Statement of Work, Gartner and Client will each comply with the Data Protection Act 1988, any amendments thereto or replacements thereof, any subordinate legislation passed under that Act and any other applicable data protection legislation. (b) In particular, Client shall ensure that any disclosure of personal data made by it to Gartner is made with the data subject’s consent or is otherwise lawful, and in so far as a disclosure of such personal data relates to Client’s own employees or subcontractors, Client shall notify such employees and subcontractors of that disclosure and the purposes for which Gartner is permitted under this section 12 to use such personal data. (c) Gartner shall ensure that in relation to personal data disclosed to it by, otherwise obtained from, or received on behalf of Client, it shall act as Client’s data processor in relation to such personal data and shall therefore: (i) not process that personal data for any purpose other than to perform its

obligations under this Agreement or any Statement of Work; (ii) not disclose that personal data to any person other than to Gartner’s own

employees or subcontractors in order to perform its obligations under this Agreement or any Statement of Work;

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(iii) only process that personal data in compliance with Client’s lawful instructions supplied to Gartner from time to time in writing;

(iv) take appropriate technical and organisational measures against any unauthorised

or unlawful processing of, and against accidental loss or destruction of, or damage to, that personal data, and those measures shall ensure a level of security appropriate to (i) the harm that may result from breach of such measures and (ii) the nature of the personal data to be protected, having reasonable regard to the state of technological development and the cost of implementing the measures; and

(v) take reasonable steps to ensure the reliability of any of its employees who have

access to such personal data, except that in so far as that personal data relates to Client’s own employees or subcontractors, Gartner may process that personal data for its own administrative purposes connected with the performance of its obligations under this Agreement or under any Statement of Work, or otherwise connected with its own internal administration. (d) Client shall indemnify Gartner against all losses, expenses and liabilities incurred by Gartner, its directors or employees, arising directly or indirectly from Client’s breach of this section 12. (e) The terms “personal data”, “data subject” “process” and “processor” have the meanings assigned to them in Directive 95/46/EC of the European Parliament and of the Council dated 24th October 1995. 13. Acceptance of Deliverables. All Deliverables provided by Gartner to Client shall be deemed to be accepted within 15 days after delivery of that Deliverable to Client unless Gartner receives written notice of non-acceptance within 15 days after that delivery. Any notice of non-acceptance must state in reasonable detail how the Deliverables did not conform to the Statement of Work and Gartner shall use its reasonable business efforts to correct any deficiencies in the Deliverables so that they conform to the Statement of Work. Client shall not withhold any payment for Services except for material and substantial non-conformity with the Statement of Work. 14. Employee Hiring. Client acknowledges that Gartner has invested substantial time and expense in recruiting, hiring, training and retaining employees. For the term of this Agreement and 6 months thereafter, Client will not, without the prior written consent of Gartner, solicit or endeavour to entice away from Gartner any employee or agent of Gartner, unless that employee or agent is employed as a result of a response by that employee or agent to a public advertisement placed by Client or on its behalf and where the main purpose of the advertisement is not to solicit that employee or agent.

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15. Assignment. (a) Subject to sub-section 15(b), neither party may assign, sub-license, transfer, create a charge over or otherwise dispose of any of its rights or sub-contract, transfer or otherwise dispose of any of its obligations under this Agreement without the prior written consent of the other party which shall not be unreasonably withheld or delayed. (b) Nothing in this Agreement shall prevent or restrict (i) Gartner from assigning, sub-licensing, transferring, creating a charge over or otherwise disposing of any of its rights or from sub-contracting, transferring or otherwise disposing of any of its obligations under this Agreement to any of its affiliates and (ii) each party from assigning its rights to a successor entity acquiring the whole or any part of their business or assets. Any assignment in violation of this Agreement is void. This Agreement shall be binding upon the permitted successors and permitted assigns of the parties. 16. Force Majeure. Subject to the final sentence of this section 16, neither party shall be in default of any obligation under this Agreement to the extent the performance of such obligation is prevented or delayed by a Force Majeure Event. For the purposes of this section, Force Majeure Events include, but are not limited to, fire, flood, explosion, strike, war, insurrection, embargo, government requirement, act of civil or military authority, act of God, or any similar event, occurrence or condition which is beyond the reasonable control of that party. The parties shall take all reasonable action to minimize the effects of a Force Majeure Event. If a Force Majeure Event prevents or delays the performance of a party for 30 days, the other party shall have the right to terminate the affected Statement of Work upon written notice at any time before performance resumes. This section 16 does not apply to Client’s obligation to pay the fees and expenses. 17. Publicity. Neither party shall use the name of the other party in any announcements, press releases or advertisements, or for any commercial purpose, without the prior written consent of the other, except that Gartner may name Client in client listings. 18. Independent Contractors. The relationship of the parties is that of independent contractors. Each party, its employees and agents, shall not be deemed to be employees, agents, joint venturers or partners of the other and shall not have the authority to bind the other. 19. No Third-Party Beneficiaries. This Agreement is for the benefit of the parties only. None of the provisions of this Agreement are for the benefit of, or enforceable by, any third party. It is the intention of Gartner and Client that no third party shall have the right to (i) rely on the Services provided by Gartner, or (ii) seek to impose liability on Gartner as a result of the Services or any Deliverables furnished to Client. 20. Entire Agreement. (a) This Agreement, together with the Statements of Work, constitutes the entire agreement between the parties with respect to the subject-matter of this Agreement and supersedes all previous documents and agreements between the parties relating to that subject-matter. (b) Subject to sub-section 20(c), each party acknowledges that in entering into this Agreement and the Statements of Work it has not

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relied on any representation, warranty or collateral contract or other assurance except those set out in this Agreement. Each party waives all rights and remedies which, but for this sub-section (b), might otherwise be available to it in respect of any such representation, warranty, collateral contract or other assurance. (c) Nothing in sub-section 20(b) limits or excludes any liability for fraud. 21. Amendments. Any amendment of this Agreement or any Statement of Work shall not be binding on the parties unless set out in writing, expressed to amend this Agreement or the Statement of Work and signed by an authorised representative of each of the parties. 22. Severability. If any term of this Agreement or any Statement of Work is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the legality, validity or enforceability in that jurisdiction of any other term of this Agreement or the Statement of Work; or (ii) the legality, validity or enforceability in other jurisdictions of that or any other provision of this Agreement or Statement of Work. 23. Arbitration. Any dispute arising out of or in connection with this Agreement or any Services Agreement, including any question regarding its existence, validity or termination, shall at the request of either party, be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be one, to be agreed upon by the parties. If they are unable to so agree within [14] days of the date of the request that the dispute be referred to arbitration, the arbitrator shall be selected and appointed by the LCIA Court. The seat of the arbitration shall be in London, England, and the arbitration shall be conducted in the English language. No hearings shall take place anywhere other than Dublin, unless the parties agree otherwise. The parties agree that the decision of the arbitrator shall be final and binding. This section is without prejudice to either party's right to seek interim relief against the other party (such as an injunction) through the Irish courts to protect its rights and interests. 24. Notices. All notices required or permitted under this Agreement shall be in writing and sent by hand delivery, courier or registered mail, return receipts requested, to the other party’s address set out below. Notices shall be effective upon receipt by the other party. A party may change its address by giving written notice to the other party in accordance with this section 24. If to Gartner: If to Client: Gartner Ireland Limited South African Revenue Services Level 4, 80 Harcourt Street Lehae La Sars, 299 Bronkhorst Street Dublin 2, Ireland Nieuw Muckleneuk, 0191, Pretoria, South Africa Attention: Attention: With a simultaneous copy for the attention of the Contracts Department 25. Governing Law. This Agreement and any Statement of Work shall be governed by and construed in accordance with the laws of Ireland.

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26. Survival. Sections 5, 6, 7, 8, 10, 11, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24 and 25 shall survive any expiration or termination of this Agreement. The parties have caused this Agreement to be executed by their authorized representatives, to enter in force on the Effective Date.

GARTNER IRELAND LIMITED

Authorised signatory Date

SOUTH AFRICAN REVENUE SERVICES

Authorised signatory Date Printed Name and Title Address Telephone No. Facsimile No. Please return two signed originals of this Agreement to:

Contracts Administration Department

Gartner Ireland Limited Level 4 80 Harcourt Street Dublin 2 Ireland Telphone: +353 1 246 3799 Facsimile: +353 1 246 3720

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Sent: Tuesday, January 13, 2015 9:30 AMTo: Annalie Frost; [email protected]: RE: AGREEMENT - SARS / GARTNER

Good day Michael, just confirming that you received my email below on Friday. Thank you. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


From: Neville Willemse Sent: 09 January 2015 03:24 PM To: Annalie Frost; '[email protected]' Subject: RE: AGREEMENT - SARS / GARTNER Good day Michael, thank you for providing this additional requirement. In order to try and get an indication of the scope, we really need some more information on the Modernization project such as the number of contractual agreements that make up the Modernization project and also the types of agreements such as hardware, software, services and then some indication of what kind of services projects. Do you have an overall Modernization Programme plan that we could see and what has so far been implemented or partially implemented and what is still outstanding. Thank you. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level

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From: Annalie Frost Sent: 09 January 2015 03:07 PM To: Neville Willemse Subject: FW: AGREEMENT - SARS / GARTNER FYI

From: Michael Mavuso [mailto:[email protected]] Sent: 09 January 2015 03:05 PM To: Annalie Frost Subject: RE: AGREEMENT - SARS / GARTNER Good day Annalie We have received from Mr Makwakwa to please consider following on your proposal: Review the effectiveness and efficiency of the sourcing approach for the Modernization Project with the particular focus on the selection process of service providers, contract negotiation and contract management. Review all aspects of the Modernization project contractual arrangements such as service level agreements, escalation procedures, product specifications, transitional requirements, roles and responsibilities, and exceptions. Review all the supplier agreements for the Modernization Project to ensure that they include a statement of work, a specification, terms and conditions, a list of deliverables, a schedule, a budget, and a defined acceptance process and line business approval . Review the effectiveness of the performance feedback mechanism of the Modernization Project, including, performance monitoring and periodic contract and invoice audits as well as other measurements and controls. He also want to understand the pricing model which lead us to the current quoted amount . When we commence with this project whoever will be interviewed must be made to make a written declaration of what they are saying . I am trying to secure an appropriate date for the meeting next week with you and the Business Unit. Kind regards Michael B Mavuso (MCIPS - MBA) Acting Senior Manager : ICT Category Tel: 012 422 4497 Cell: 082 455 7024 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa

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From: [email protected] [mailto:[email protected]] Sent: 06 January 2015 10:59 AM To: Erick Smith Cc: Michael Mavuso; Kamogelo Mampane; Makgama Mahura; Neville Willemse Subject: RE: AGREEMENT - SARS / GARTNER Good Morning Erick, Please see attached as requested. Kamogelo, kindly send me an electronic copy of the one‐on‐one confidentiality agreement. I have forwarded the NDA to our lawyers and will give you feedback shortly. Could you share an electronic version of the latter as well. All the best,







Office: +27 (0)12 422 5034 Cell : +27 (0)82 321 1189

Fax: +27 (0)12 422 4963




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From: Patrick Monyeki <[email protected]>Sent: Monday, January 12, 2015 5:07 PMTo: Neville WillemseSubject: Fwd: Rangewave cv - Gartner / SARS projectAttachments: Coltrane Nyathi.doc; Andy Eksteen P M1.docx; Mackson Aphane.doc; Billy Ledwaba

IT Stratergy.doc

Hi Neville

Attached please find the cvs we discussed. Please let me know your thoughts on scope of work to be done. I suggest that from a delivery perspective we integrate the resources into the various streams of work so that the delivery is integrated and centralised. You don't have a Gartner stream and a rangewave stream.

Please see the mail below from my colleague Colleen about the rates.

I also have two project office resources that can also start immediately.

Regards

---------- Forwarded message ---------- From: "Colleen Eksteen" <[email protected]> Date: 12 Jan 2015 16:40 Subject: Rangewave cv - Gartner / SARS project To: "Patrick Monyeki" <[email protected]> Cc: Afternoon Patrick Attached please find the following cvs ;

Coltrane Nyathi, Snr Security / Management Consultant - Rate R1950 per hour Billy Ledwaba, Snr Strategy / Management Consultant - Rate R1950 per hour Andy Eksteen, Snr Programme / Management Consultant - Rate R1950 per hour Mackson Aphane, Systems Audit / Management consultant - Rtae R1500 per hour

All the candidates are experienced senior consultants who are available immediately. Regards

Colleen

Email [email protected]

Cell 082 454 0772

Office 011 513 4080 | Fax: 011 513 3068

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MMAACCKKSSOONN LLEESSIIBBAA AAPPHHAANNEE

SSYYSSTTEEMM AAUUDDIITT MMAANNAAGGEEMMEENNTT CCOONNSSUULLTTAANNTT

PROFESSIONAL QUALIFICATIONS

Auditor in Charge GoldFields Mining April 2012 to July 2012

Duties & Responsibilities

• Evaluating the reliability and integrity of operational, financial, and IT information; compliance with policies, plans, procedures, and applicable laws and regulations; means used to safeguard assets; efficient use of resources; and accomplishment of established goals and objectives.

• Developing audit programs as the basis for audit work and performing research, interviews, verifications, analysis, and investigations related to audit assignments.

• Assessing operational risk, and to prepare work papers and summaries to document and support work performed and conclusions made.

• Summarising overall results to identify significant audit points and developing value added recommendations for solutions.

• Regularly communicating business risks and improvement recommendations to front line and mid-level management, via clearly and concisely written audit reports, and presentation thereof to all levels of management.

Finance Director / CFO Destiny Cuisine June 2010 – March 2011


• Leading, designing and implementing effective financial management initiatives, business process and policy development.

• Establishment and management of governance structures. • Financial and management reporting. • Directing the company in terms of the budget, revenue and expenditure. • Financial and company secretarial administration as well as supply chain management. • Overall responsibility for management and accounting systems. • Development of risk management strategy and monitoring thereof. • Staff development. • Client liaison and contract management

Audit Services Manager De Beers – Finsch Mine November 2008 - June 2010


• Successful client relationship management with mine EXCO management team. • Ensure a proper internal audit service, including risk management, corporate governance and internal

control consulting and advice to the mine in accordance with acceptable audit standards. • Facilitate process of risk identification, assessment, and management. • Formulate an annual audit plan based on the risk appetite of the mine and the company for approval by

the Site Audit Committee. • Report to audit coverage and status of governance to the audit committee and for consolidation into the

company audit committee pack. • Scheduling of and resourcing of audit assignments; • Perform audits (financial, operational, IT and ad hoc investigations) and report on the results. • Facilitate control self-assessments within the mine. • Perform follow-up audits on reported findings and report on unresolved findings. • Consultation and regular feedback with line management and related assurance providers. • Audit Trainee mentorship and overall staff development. • External Audit Liaison. • Manage Budget.

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Chairperson – Kgatelopele Municipality Audit Committee Duties & Responsibilities

Advise the municipal council, the political office-bearers, the accounting officer and the management

staff of the municipality, or the board of directors, the accounting officer and the management staff of

the municipal entity, on matters relating to:

• Internal financial control and internal audits;

• Risk management;

• Accounting policies;

• The adequacy, reliability and accuracy of financial reporting and information;

• Performance management;

• Effective governance;

• Compliance with the Municipal Finance Management Act, the annual Division of Revenue Act

and any other applicable legislation;

• Performance evaluation; and

• Any other issues referred to it by the municipality;

• Review the annual financial statements to provide the council of the municipality or, in the case of

a municipal entity, the council of the parent municipality and the board of directors of the entity,

with an authoritative and credible view of the financial position of the municipality or municipal

entity, its efficiency and effectiveness and its overall level of compliance with the Act, the annual

Division of Revenue Act and any other applicable legislation;

• Respond to the council on any issues raised by the Auditor-General in the audit report;

• Carry out such investigations into the financial affairs of the municipality or municipal entity as the

council of the municipality, or in the case of a municipal entity, the council of the parent

municipality or the board of directors of the entity, may request; and

• Perform such other functions as may be prescribed by the Act.

Senior Internal Auditor De Beers – Corporate Headquarters (Global Exploration Portfolio)

May 2005 – November 2008


• Key client relationship management with group exploration executives and management team; • Ensure a proper internal audit service, including risk management, corporate governance and internal

control consulting and advice to the portfolio in accordance with acceptable audit standards; • Facilitate process of risk identification, assessment, and management; • Formulate an annual audit plan based on the risk appetite of the Group Exploration global portfolio for

approval by the De Beers Group Services Audit Committee; • Scheduling of and resourcing of audit assignments; • Perform audits (financial, operational, IT and ad hoc investigations) and report on the results. • Facilitate control self assessments within country exploration ventures; • Perform follow-up audits on reported findings and report on unresolved findings; • Report on audit activities to the Senior Audit Manager for consolidation into the group audit committee

pack; • Consultation and regular feedback with line management and related assurance providers; • Lead teams of auditors and trainees on Global Exploration audit assignments; and Participate in other portfolios within Group Internal Audit’s international assignments as required.

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Senior Internal Auditor De Beers – Corporate Headquarters (Global Exploration Portfolio)

May 2005 – November 2008


• Perform an Organisational Impact Assessment for the whole organization to come up with a three year rolling audit plan for the organisation.

• Perform Unit impact Assessments per department to identify audit activities for inclusion in the annual audit coverage plan.

• Facilitated the establishment of a risk management/Audit Committee. • Perform audits on audit coverage plan (financial, operational, IT and ad hoc investigations) and report

on the results. • Perform follow-up audits on reported findings and report on unresolved findings. • Report on audit activities to the site audit committee, risk management committee and to the Senior

Audit Manager - Operations and Exploration for consolidation into the group audit committee pack. • Supervise junior auditors and trainees. • Perform Status of Records reviews. Portfolio Responsible for: • DebTech • Group Technical Support • De Beers Pension Fund and • De Beers Benefit Society

Trainee Internal Auditor De Beers – Finsch Mine November 1995 – December 1997


• Established the Internal Audit Department setting the Mission, Audit Committee Charter, Service Level Agreements and Objective Statement as well as marketing the function / department to the business unit

• Performed an Organisational Impact Assessment for the whole organization to come up with a three year rolling audit plan for the organisation

• Perform Unit impact Assessments per department to identify audit activities for inclusion in the annual audit coverage plan

• Facilitated the establishment of a risk management/Audit Committee • Perform audits on audit coverage plan (financial, operational, IT and ad hoc investigations) and report

on the results. • Perform follow-up audits on reported findings and report on unresolved findings. • Report on audit activities to the site audit committee, risk management committee and to the Senior

Audit Manager - Operations and Exploration for consolidation into the group audit committee pack. • Supervise junior auditors and trainees. • Assisting in the review of policies and procedures. • Liaison with External Auditors Portfolio Responsible for: • Finsch Mine • Group Technical Support which includes the following: • Research and Development • Manufacturing • Marketing • Sales • Engineering • Supply chain Services • Project finance and Accounting

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Trainee Internal Auditor De Beers – Finsch Mine November 1995 – December 1997

Following a set 2 year training programme leading to appointment as Assistant Internal Auditor. The program included the following modules:

Financial Services: • Creditors payments and recons • Preparation of budgets and cash flow forecasts • Cheque printing and EFT payments • Collection of input documentation & transaction recording • Compilation of the monthly Company Financial Reporting Pack and Tax Pack • Cash Control Capital Accounting • Capital ledger • Payment Authorisation • Review of invoices for payment • Attending to supplier related queries • Perform reconciliations • Preparation of the capital book for review at the quarterly strategic meeting Management/Production Accounting • Budgeting • Forecasting • Management reporting • Financial analysis and interpretation • Systems Administration Internal Audit: • Complete tests as per audit program • Preparation of audit file as per IIA standards • Reference audit work papers as per required standards • Evaluation and testing of internal controls • Establishing assessing adequacy of accounting systems • Ensuring compliance with statutory procedures • Drafting internal audit and similar reports Supply Chain Services: • Receiving and dispatch operations • Purchasing and procurement • Contract administration • Inventory control • Systems administration ACCPAC and Group Stores System

EDUCATION

B COM (Accounting) University of the North 1991 - 1994

Passed:

• Accounting 100

• Business Economics 100

• Economics 100

• Statistical Methods 100

• Commercial Law 100

• Accounting 200

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• Business Economics 200 (UNISA)


• Auditing 200

• Accounting 300

• Cost Accounting 300

• Income Tax and Administration of Estates 300


Certified Information Systems Auditor CISA

Certified in Control Self Assessment CCSA

Certified in Environmental Auditing

Passed parts 1,2 & 4 of the Certified Internal Auditor (registered to write Part 3 of the Certified Internal Auditor this coming cycle)

CIA

Grade 12 Hofmeyr High School, Atteridgeville 1998 - 1990

FORMAL TRAINING

• Introduction to Anglo American Internal Audit Methodology

• Second Level Anglo American Internal Audit Methodology

• Assertiveness

• Time Management

• Mentorship

• Employee Health and Safety

• Financial Management Systems

• Computer Auditing

• Project Management

• Reddin Managerial Effectiveness

• Development Programme for Middle Management

• Stargate

• Coaching

• Windows 2000

• Microsoft Word

• Microsoft Excel

• Microsoft PowerPoint

• Microsoft Outlook

• As 400 Query

• CaseWare

• ACCPAC

• ACL

• SAP

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CCOOLLTTRRAANNEE NNYYAATTHHII

SSEENNIIOORR SSEECCUURRIITTYY // MMAANNAAGGEEMMEENNTT CCOONNSSUULLTTAANNTT

PROFESSIONAL QUALIFICATIONS

Strategic Advisor Independent Consultant June 2011 to present


Strategic Advisory Services in the areas of Banking; Information Security; Government Processes; Innovation and Information & Communications Technology (ICT) Application with specialist knowledge on AFC & APTMS.

Managing Director (April 2008 – July 2009) & Chief Executive Officer (Aug 2009 – May 2011)

Nyarhi Technologies (Pty) Ltd April 2008 – May 2011


Management and Leadership for a 100% Black owned and managed Information and Communications Technology SMME in the provisioning of the following products and services operational since March 2007 Professional Services – Provisioning of strategic and management consulting advice for better customer market positioning and increased value-add. Project management and Bodyshop services are also provided. Information Security – Provisioning of comprehensive information security services from risk assessment through to cryptographic services including authentication and verification services with trust centre management services. Special Assignments • CIPRO (Oct & Nov 2008) – eCIPRO advisory services • BlueIQ (May – Oct 2009) – Management of the ICT Function • RTMC (Sep 2009 – Aug 2010) – Programme Manager: EVI (Electronic Vehicle Identification) Project

Managing Director Nyarhi Technologies (Pty) Ltd April 2007 – March 2008


Contracted for a financial year to the Department of Home Affairs through BCIT (Pty) Ltd as a Senior Consultant Systems mainly for technical and Strategic Advisory Services. Responsibilities inter alia include: • Strategic and Management Consulting; • Project Management; • Information and Communications Technology Advice; • Information Security Advice; • Providing expert technical services on cryptographic Services, Biometrics and Business Analysis; • Advice on Systems Development Life Cycle; and • General Management, Advice on Systems and related activities

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Achievements

• Information Services Stream Lead for the Fevertree/ATKearney IT/IM Architecture stream with a successful development of DHA future IT/IM architecture and Organisational Structure

• Introduced a Live Capture Concept Office for showcasing a future Home Affairs office with a paperless environment

• Introduced an animation DVD explaining the WHO AM I Online project as well as showcasing the various consoles to be utilized by the Department for Live Capture as well the related applications (their use in different DHA environments)

• Established a TOP SECRET CLASSIFIED team with NIA, GPW, SITA and DHA to rationalize and define security designs; electronic security mechanisms and security features on all DHA issued enabling documents

• Successfully defined and implemented an operational pilot for testing all the tenants of WHO AM I ONLINE and Live Capture before the actual finalization of the functional and technical specification of the WHO AM I ONLINE project. The pilot has been successfully Implemented in refugee reception offices and also rolled out to deportation facilities/offices as well as passport capturing facilities.

Project Manager Exponant (Pty) Ltd January 2005 – March 2007

Project 1 – Immigration Control System Project 2 – Live Capture Project 3 – WHO AM I ONLINE (I am I said)


• Implementation of an integrated immigration control system for the National Department of Home Affairs;

• Implementation of a Live Capture Solution for the system for the National Department of Home Affairs which entails an establishment of a paperless and inkless office environment for the processing of applications for Home Affairs services especially those for enabling documents (IDs, Passports & Certificates);

• Introduction of an integrated database of all persons residing and visiting the Republic of South Africa with

Integrated Client Services Consoles in a project termed WHO AM I ONLINE (I am I said) Achievements • Successfully implemented a biometric-based system for managing illegal immigrants;

• Introduced a face-value document for refugee children; • Established a research and development environment with the accompanying research and technology

innovation discipline within the Department of Home Affairs; and • Successfully introduced thin client technology for the Online Home Affairs office on wheels project utilizing

trucks known as the Mobile Units and served as the technical solution architect and overall solution advisor.

AWARD: Achiever of the Month’ in recognition of Service Excellence [from EXPONANT (Pty) Ltd on 08 Mar 2006]

Independent Consultant Self Employed June 2003 – Dec 2004

Project Management and Business Analysis for the National Department of Home Affairs


• Development of business requirements and business processes for the immigration component of the Department of Home Affairs, inter alia includes:

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• Refugee and Asylum Seeking, • Refugee Smart ID Card Design, Development and Management, • Face Value Documents Design, Security Features and Security Processes for Asylum Seekers and

Refugees, • Management and Deportation of Illegal Immigrants, and • Issuance of Refugee Child Certificates to recognized refugees younger than 16 years;

• Providing expert technical services with respect to Information Technology and Business Analysis; • Facilitating the overhauling of the current refugee system (as well as departmental immigration systems)

from investigation to system implementation; and • Facilitating the implementation of an integrated security strategy at an advisory capacity

Senior Consultant Leshume Consulting (Pty) Ltd May 2002 – May 2003

Business Analyst for the Department of Home Affairs


• Providing strategic and management advice; • Providing expert technical services with respect to Information Technology and Business Analysis; • Facilitating the overhauling of the current refugee system (as well as departmental immigration systems)

from investigation through to system implementation; • Drawing up an integrated security strategy; • Providing strategic advice to the Information Technology section of the department; and • Analysis of legislation that directly impacts the department for both business and IT implications.

Senior Security Analyst Nedcor Bank Ltd, Technology and Operations Division (Information Security

Sept 2001 – May 2002

Information Security research, analysis, implementation and specialist security contributor in projects as well as test, analysis and implementation of cryptographic services provided by RACAL Hardware Security Module. Development and maintenance of Unix-based management system for Self-Service Terminals (SST) cryptographic keys PIN Pads.

Provision of specialist security advice and consulting services in the following areas:

• Smartcards applications in banking (cellphone SIM authentication and payment systems); • Migration from magstripe debit/credit cards to chip / smartcard debit/credit cards (EMV project); • General application of cryptographic and security services (hashing, authentication, etc) and • Specialised security applications’ development using C & C++ especially on UNIX systems.

Information Systems Security State Information Technology Agency (SITA) Pty Ltd

Dec 2000 to Aug 2001

Special assignment

• Requested to be part of a transformation team responsible for transforming SITA into three (3) operational divisions with our specific focus with 5 other team members on building the Certification business unit of SITA eServices.

• Support clients in maintaining a Secure Computing Environment by Applied Research, Product Evaluation, Advice and Recommendation regarding the establishment and maintenance of different Information Security Architectures, Plans and Designs.

• Participate in IT projects to provide specialist Security Consulting and Advice as well as assisting in tender specification, vendor assessment and selection.

Project Manager for the following projects:

• PKI for the Integrated Justice System; • Biometrics feasibility study for PERSAL; and

• Security for a special Government EDMS and EIMS (Executive Information Management System) for

Cabinet and Director-Generals.

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Security Consulting Part time December 2000 – August 2001

Information Security Consulting and Security Software Maintenance for Nedcor Bank Ltd for a Cryptographic Key Management System I developed

Security Analyst Nedcor Bank Ltd, Technology and Operations Division (Information Security

December 1999 – November 2000

Information Security research, analysis, implementation and administration for Open Systems. Drafting Information Security Policies, Standards and Procedures for Open Systems, including Information Security administration training and support for Open Systems’ Security.

Intrusion detection, analysis and prevention for the Nedcor Bank’s networks and systems (Stratus VOS, NT and UNIX AIX). Test and Analysis of cryptographic services provided by the Host Security Modules (Racal).

Computer Scientist CSIR, Communications and Technology Division (Information Security Solutions)

June 1998 – December 1999

Research into security vulnerabilities and features; System installation, configuration and testing. Vulnerability testing of systems on a system and network level; System analysis (Windows, UNIX & NOVELL 5). Risk assessment using a CSIR methodology (Tsamaiso).

Vacation Work Nov/Dec/Jan – 3 months each year 1994-1996

1996 – Worked at the CSIR designing web pages in HTML and PL/SQL for interfacing with an oracle database

1995 – Designed a virus protection system C/C++DOS interface for the CSIR Virus Research Laboratory 1994 – Programmed some statistical applications in PASCAL for the Modeling and Analysis group of the

CSIR

Volunteer Work

1997: Designed and maintained a Web site for a WITS University club, Christian Action Fellowship 1995: Mentored WITS Computer Science I students

EDUCATION

MSc Electronics (part time) University of Pretoria 2000

• Major Subjects: Information Security & Advanced Computer Networks

• Research Project: Intrusion Detection on TCP / IP Networks with Critical Unix Servers for an effective viability of e-business

BScHons (Computer Science – full time)

University of the Witwatersrand Johannesburg

1997

• Major Subjects: Software Reliability, Complexity, Testing & Networking

• Research Project: Software Testing Techniques for Highly Reliable and Dependable Systems

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BSc (full time with distinction) University of the Witwatersrand Johannesburg

1996

• Major Subjects: Mathematics & Computer Science

Grade 12 Eric Nxumalo High School (Northern Province)

1993

• Passed with exemption

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BILLY LEDWABA SNR STRATEGY / MANAGEMENT CONSULTANT

SUMMARY OF EXPERIENCE IT Experience: 21 years Senior Management Experience: 17 years Directorship: 11 years PROJECT MANAGEMENT COMPANY PROJECT DESCRIPTION PROJECT DATE PROJECT VALUE Deloitte Consulting Company redesign for Kagiso Publisher 1994 R500,000 Transformation for the National Department

of Public Works (re-engineering) 1995 - 1996 R2, 500.000

Transformation for the Department of Defence (re-engineering)

1996 - 1997 R55, 000.000

Siemans Nixdorf Department of Labour Information Systems Strategic Plan

1997 - 1998 R7, 500.000

Manchu Consulting Portnet Restructuring 1998 - 1999 R5, 000, 000 IEC Aventis ERP Implementation 1999 - 2000 R5, 000,000 New Dawn Technologies ICT Strategy & Master Systems Plan

development for: Gert Sibande District Municipality

2001 R1, 500,000

ICT Strategy & Master Systems Plan Development for Bojanala Platinum District Municipality

2002 - 2003 R1, 430,000

Website Design and development for the Bojanala Platinum District Municipality

2004 R350, 000

ICT Strategy & Master Systems Plan Development for the Bushbuckridge Local Municipality

2003 R700, 000

Oracle ERP Implementation for the SITA 2004 - 2006 R15, 000,000 Oracle Implementation for The Parliament of

South Africa 2005 - 2006 R15, 000,000

Oracle ERP Implementation for the Coega Development Corporation

2006 - 2007 R7, 500,000

Oracle ERP Implementation for the North West University

2005 - 2006 R12, 000,000

Oracle ERP Implementation for the North West Legislature

2006 - 2007 R13, 000,000

Website and Intranet Design & development for the Nkangala District Municipality

2006 R700, 000

Website design and development for Comsec

2005 R600, 000

Motlapele Business Solutions

Change Management for the SASSA Oracle ERP Implementation

2007 R1, 300,000

Change Management for Water Affairs SAP ERP Implementation

2008 R2, 600,000

Organisational Strategy formulation for the Gauteng Department of Education IT

2009 R80, 000

Post project assessment for the Sanofi Aventis TBFREE programme

2009 R1, 495,509

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INDUSTRY EXPERIENCE Government, Municipal and Pharmaceutical PROFESSIONAL QUALIFICATIONS BSc (Computer Science) (University of the North) 1982 BSc (Hons) (Computer Science) (University of the North) 1984 MBA (Wits Business School) 1991 Programme in Electronic Commerce (University of South Africa SBL) 2004 EMPLOYMENT HISTORY IBM SOUTH AFRICA 1984 - 1986

Associate Systems Engineer UNIVERSITY OF THE NORTH 1986 - 1989

Computer Science Lecturer FEDICS GROUP 1990 – 1990

Trainee Executive Manager ELIDA POND’S 1990 – 1994

Sales Estimator 1990 - 1992

Responsibilities: • Forecasting of sales volumes for more than 300 individual packs for a period of two years based on a

statistical package, economic indicators, marketing activities and ultimately expert opinion • Chaired the estimating committee that was made out of Logistics, Marketing and Trade Marketing

Senior Managers, to agree on the sales estimates • Obtained sales estimates ratification from the board of directors on a quarterly basis and at

budgeting times • Production of control management reports such as explanations on forecast variances

Marketing Accountant 1992 - 1993

Responsibilities: • Managed margins for a R150m brand business and determined financial feasibility of new products • Ensured proper costing for each product, both at launch and when specifications changed, doing

the pricing exercise every year as input to product price increases, doing pre-launch costing and pricing to determine feasibility of product launches, and the production of management reports for cost variances explanations Commercial Manager 1993 – 1994[Cutex Business Unit] Responsibilities:

• Logistics and Commercial functions • • Product Supply Chain Management, Management of financial aspects for the unit, Reporting

Monthly results, Management Accounting and Distribution Management DELOITTE & TOUCHE MANAGEMENT CONSULTANTS (PTY) LTD 1994 - 1007

Manager, Consulting

Responsibilities: • Involved in a number of Business Process Re-engineering (BPR) projects and the facilitation of

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Strategy development and role clarification work sessions • BPR project which started with the development of the company strategy and involved extensive

change management exercises • Restructured the Development Corporation and analysed financial and operational sections of the

organisation • A BPR alteration project at the national Department of Public Works • Involved in all aspects of the organisation transformation before he focused on transformation of

the IT and other support functions • The Deloitte & Touche methodology was based on the use of IT as an enabler of an organization’s operations

and involvement in IT re-engineering provided an opportunity of ensuring that the Department as a whole operated more effectively and efficiently

• For the re-engineering of the Department’s Strategic Planning Process before moving across to leading a Change Management team in the same Department

• Involved with the management of diversity within the Department which came about through the integration of different armed forces SIEMENS NIXDORF 1997 – 1998

Business Development Executive Responsibilities:

• Charged with the establishment of a consulting arm in the company, Billy became a programme manager for the Information Technology Plan project for the Department of Labour

• Resources for executing this project were mainly from Germany MANCHU CONSULTING 1998 – 2000

Director Responsibilities:

• For the development of the Transformation Management, Information Systems and Technology Management Service lines

• Projects included Portnet Operations improvement, IEP ERP implementation, Greater Johannesburg Metropolitan Council workshop facilitation IBM SA 2000 - 2002

Consulting Principal Responsible for the following clients:

• The Limpopo Provincial Government • GautengOnline • Department of Home Affairs • National Department of Transport • Department of Labour, National • Department of Public Works • Gauteng Provincial Government

NEW DAWN TECHNOLOGIES 2002 – 2007

Director, Chief Operating Officer, Managing Director Responsibilities:

• Provided a wide network of client contacts and a well rounded understanding of what to do if one had to run a successful organisation. At its peak the New Dawn Group was a R250 million company with Billy’s company contributing R150 million of this revenue, with R22 million net contribution

• Initially joined New Dawn Technologies as a director to establish a Management Consulting service offering. under his leadership New Dawn Technologies became a serious player in consulting, especially in terms of ICT strategies and Master Systems Plan formulation areas. This moved New Dawn Technologies from being a R6 million company when he joined to more than R30 million revenue. This success put the company in the position to acquire a significant Oracle Partner that took the company to new levels

• Following an organisational restructuring because of growth, was promoted to the Chief Operations Officer. After six months the group was restructured again and was promoted Managing Director of the

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largest companies within the group, New Dawn Prophesy Business Solutions. The company focused on the delivery of Oracle technologies based solutions

• New Dawn Prophesy Business Solutions became a leading Oracle Partner in Public Sector, wining the majority of the tenders that required ERP. Its client included SITA, The Parliament of South Africa, The University of North West, Ekurhuleni Metropolitan Municipality, Coega Development Corporation, North West Legislature and South African Social Services Agency

• Was a project director in all the implementations as they fell under his line of control • Participated in several interview panels in the public services.

Achievements: Billy setup the Oracle Consulting arm of New Dawn called, Prophecy Business Solutions. He grew the business to R150m with 150 top-end consultants. Services offered were Consulting, Systems Implementation, Infrastructure and Hardware and Storage. MOTLAPELE BUSINESS SOLUTIONS (MOBUSO) 2006 – Date Project sundertaken include

• Change Management for an Oracle Implementation at SASSA • Change Management for an SAP implementation at Department of Water Affairs, • ICT strategy formulation for Gauteng Department of Education • Strategy facilitation for North West Legislator • TB End-Project Assessment for the Sanofi-Aventis Company.

.

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ANDY EKSTEEN SENIOR PROGRAMME & MANAGEMENT CONSULTANT

OVERVIEW Andy has eighteen years’ experience, consulting mainly to large listed companies. He has been responsible for numerous projects through their complete lifecycle as well as providing strategic consulting. Most of Andy’s experience has been in the SAP environment working as Programme Manager, Project Manager, Consultant and Subject Matter Expert. Various Positions & Responsibilities include; • Quality Assurance Manager of a listed retail furniture company which included Skills,

Methodology and Governance audits • Programme Manager of an International rollout for one of the world’s biggest food and

spice companies to eight countries • Project Manager for large grocery wholesaler / retailer and Consumer Electronics

companies • Director responsible for delivery of projects and SLA’s into demanding listed outsource

customers • Solution design, Business case, Charter, Executive approval and project execution • Operated at Executive and /or Director level in last four engagements PROFESSIONAL QUALIFICATIONS Dip. Quantity Surveying (Natal Technikon 1979 - Top Student) RELEVANT EXPERIENCE Andy has played a leadership role in all engagements since he started working with SAP in 1995. He has successfully completed an assignment for Anglo American providing SAP data to MDM to improve accuracy and structure. He has also participated in two separate assignments for Municipalities to improve debtor’s data so they can improve their collections. He was deployed to Debswana to establish a Programme Management capability and coach their IM leadership in the practical use thereof. He was contracted to Sasol to evaluate the effectiveness of their Application Support area and make recommendations regarding structure and team sizing and the potential combining with their Solutions business. He was contracted to JD Group (listed South African furniture retailer) as advisor to the Group CIO as the Quality Assurance Manager on their system transformation which was implemented by Accenture. The role required Andy to assess the capabilities of resources on the program and recommend changes where required. Change request management

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was a key deliverable which resulted in substantial savings. Stabilisation after go live was complex with different phases having different interfaces and level of maturity. Andy engaged with Metro Cash and Carry (Metcash) when they were considering SAP as a replacement for their legacy system. Andy structured the program and built the team that would deliver a complete SAP Retail solution over three years. Andy managed the scope, people, change management, board interaction, budgets and the various streams within the program. Integration to their legacy POS system proved a challenge during the phased go live but was bedded down with a minimum of downtime. Andy was engaged by OneArch Consulting as Stakeholder Programme Manager on the McCormick Spice international rollout of SAP to El Salvador, Australia, Thailand, China, Mexico and Singapore. He took responsibility for all pre and post implementation activities at each country site. The pre implementation activities for each country included:

• Gap analysis to define requirement differences to the established template • Evaluating internal people for selection to the SAP implementation team • Implementation partner investigation, invitation and meeting establishment

Coached McCormick’s Country Management on how to choose an implementation partner:

• RFP briefing sessions • Evaluation of RFP responses – scoring systems • Cultural fit and relationship between key players • Shortlist selection, presentation and negotiations • Final partner selection, contractual closeout and team member finalisation • Project kick off and handover to implementation team

Post implementation activities for each country included: • Handover from implementation team • Audit on local documentation (local language) • Establish processes to support SLA’s as established during partner selection • Establish business performance KPI’s and collection of relevant data • Weekly stabilisation meetings to assess business performance and user satisfaction • Alignment of partner processes to business expectations

Andy was at Affinity Logic / UCS Solutions for six years in the capacity of Applications Director. He had responsibility for all software systems that the company ran as part of their outsource offering. During this period, Andy had responsibility for more than 100 projects and business improvement initiatives. On top of a large implementation team, he also had a large team of support consultants that worked with customers solving issues and finding better ways of getting things done. Andy priced all projects and structured teams to meet customer requirements. He participated in all Steering Committees and in a number of Customer Management Forums Andy started his SAP consulting career at Spearhead Logistics where he mostly worked in a leadership capacity. In those formative days, that meant taking a team of largely inexperienced consultants, placing them within a project structure with even less

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experienced customer super users, and managing each deliverable closely through to completion. INDUSTRY EXPERIENCE Pharmaceuticals, Consumer Electronics, FMCG and Retail EMPLOYMENT HISTORY EMPLOYER: Rangewave Consultant (Pty) Ltd POSITION: Subject Matter Expert Projects Client: Sasol Period January 2014 – February 2014 Role: Subject Matter Expert Review Sasol’s Application Support and to propose efficient management structures, to analyse application areas, management structure and related costs, service level arrangements and reporting and governance. Advise on potential merging of Application Support and Solution under single point of management. Client: Debswana Period February 2014 – May 2014 Role: Programme Manager Programme Manager to assist with the establishment of an on-going SAP programme consisting of some large and medium SAP initiatives that need to be pulled together into a programme (request for purchase, charter, scope, stakeholders, budgets, etc.) and commencement to execution. Client: Department of Water Affairs Period October 2013 – June 2014 Role: Programme Manager Programme Manager to coordinate various stakeholders and teams to take the Master Data components in DWA systems through a thorough cleaning and modernisation process. Client: Anglo American Period July 2014 – October 2014 Role: Subject Matter Expert Rebuilt Master Data into SAP MDM after it was no longer correctly in sync with the underlying SAP instances. Data was built using change pointer based extracts from SAP and formatted and loaded into MDM.

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EMPLOYER: Marketech POSITION: Co-Owner Created Marketech’s SAP business as a niche retail consulting business specialising in SAP for Retail. Responsible for sales, resourcing, account management and project management Projects Client: JD Group Period: January 2010 – February 2013 Role: Quality Assurance Manager and Account Manager Quality Assurance Manager Steering Committee member on their SAP Retail implementation (Accenture) Provide key resources to strengthen SAP delivery capability Strategic advisor to Group CIO Period: January 2008 – December 2009 Client: Metro Cash and Carry Role: Programme Manager Implemented SAP Retail at Metro Cash and Carry Project managed to successful completion Assembled a strong team of experienced SAP Retail professionals EMPLOYER: OneArch / Britehouse POSITION: Programme Manager Projects Period: February 2008 – June 2010 Client: McCormick Spice • Programme Manager for the McCormick international SAP rollout programme • Food industry template developed and managed centrally from South Africa • Met requirements of USA FDA and stricter rules imposed by other countries • Rolled SAP out to El Salvador, Australia, Thailand, China, Mexico, Singapore and

California • Role included the selection of SAP service providers in each local environment and their

management from pre-implementation through to post implementation support • Programme run to high governance standards including regular SOX audits • Finance met all requirements of China Golden Tax laws

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EMPLOYER: IQ Business Group POSITION: SAP Business Executive PERIOD: October 2005 – December 2007 Started a SAP consulting business for IQ Business Group and grew to 30 SAP consultants with 18 months. Successfully developed and implemented a SAP market value proposition for the Financial Services area. This new business achieved breakeven in its first year and exceeded financial targets in its second year. Had executive responsibility beyond the SAP business playing an active role with executives from USA and Australian operations. EMPLOYER: UCS Solutions (Previously Affinity Logic) POSITION: Applications Director PERIOD: May 2001 – September 2005 Joined Affinity Logic as Applications Director responsible for their SAP Consulting, Applications Support, Integration, Microsoft Development, Business Intelligence and Retail Planning business units managing a team of 161 staff. Responsible for budgets, financial performance, resourcing, growth and strategy. Businesses Units under Andy’s management were restructured to achieve financial targets. This was a complex business with half its revenue coming from outsource clients and the balance from the open market. Complex, long term relationships had to be maintained simultaneously with a focused sales effort. Relationships with SAP and others were established including securing partnership status for hosting, services and mySAP All in One. Key relationships with other SAP Implementation partners were also developed and maintained. Defined the All in One business strategy, architected the client value proposition, selected the teams and sold the first solution. Had executive responsibility for delivering on a number of key customer projects, some of which are listed below. • Makro SAP Retail Implementation • Makro SAP BW Implementation • Makro SAP CRM Implementation • Massdiscounters SAP FI CO Implementation and mainframe integration using

WebMethods • Anglo American SAP Upgrade to 4.7 • Builders Warehouse FI CO Implementation • Builders Warehouse SAP Retail Implementation (template creation and roll out)

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• Total SAP Retail Implementation • Cadbury / Bromor SAP systems merger • Lighting Warehouse All in One Implementation EMPLOYER: Spearhead Logistics POSITION: MM Consultant PERIOD: August 1995 – August 1997 1995 – 1997 – SAP MM Consultant Projects Sandoz Pharmaceuticals - Team Leader – Logistics Was allocated to Sandoz Pharmaceuticals to prepare “as-is” analysis for Sales and Distribution before departing to Philadelphia for training at the Price Waterhouse Partner Academy. On returning, took responsibility as team leader - logistics and the implementation of Sales & Distribution. The project went live after four months and proved to be successful. Sasol Twistdraai Coal Export - Team Leader Materials Management. The Materials Management implementation included all aspects of purchasing, inventory management (to storage location level), MRP and external service management. Integration issues included changing existing and adding new material types and valuation classes to support PM / CO reporting with all associated account determination implication two months after “live”. Exposed to integration of MM with PP-PI. The Materials Management Team achieved all its project milestones and finished within its budget. Bromor Foods - Integration Management. Spearhead was contracted to implement SD and MM and provide technical support to logistics consultants and the specification for automatic account determination (Table 030) for FI and MM. This was been completed successfully on time and within budget. Novatis - Team Leader – Logistics Novartis was the new company formed out of the worldwide merger between Sandoz Pharmaceuticals and Ciba Geigy. Their requirement was to run MM and PP on BPCS and FI, CO, SD and finished goods MM on SAP. The time allocated to merge these two systems was six weeks Henkel South Africa – Account Manager This project started in September 1996 and involved implementing MM, SD and PP-PI in all divisions. FI and CO was developed centrally in Germany and rolled out internationally to support their central reporting requirements.

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Daewoo Electronics - Project Manager This project started 2 January 1997 and involved a fast track implementation of FI, CO, SD and MM. Before ASAP was established as the SAP implementation methodology, Spearhead completed this implemented at a record six month at that time. In 1997, joined the board of Spearhead POSITION: Projects Director PERIOD: August 1995 – May 2001 Projects Plessey - Project Director Implemented FI, CO, SD, MM, SM and PS at Plessey in 1997. They were an established and experienced SAP user that needed to add a technical building division. This work was successfully completed in six weeks. Philips South Africa – Project Manager In June 1998, a project team of 22 consultants and 18 users and super users was assembled to implement FI, CO, SD, MM, PS, PM, and SM into 20 separate companies. These companies fell into five business types and had their own management and acceptance regimes. The project was completed on time and within budget using the ASAP implementation methodology. Italtile / CTM – Project Manager This was one of the first SAP 4.6 implementations and was based on SAP Retail. The project started in December 1999 and went live in July 2000. Modules implemented were FI, CO, SD and MM. A real-time point of sale system was developed in ABAP. This includes all typical store functions such as sales, lay byes, cash ups, cash drops and others suited to speciality retailing. This project was completed on time within budget.

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From: Neville WillemseSent: Tuesday, January 13, 2015 9:35 AMTo: Lithgow,MichaelSubject: SARS Opportunity

Importance: High

Hi Michael, I need to speak with you rather urgently about this project as they have requested a larger scope which is great as it increases our revenue but also made a request for us to work with a Black Empowerment Company. Do you have some time today? Thank you. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


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From: Lithgow,MichaelSent: Tuesday, January 13, 2015 10:55 AMTo: Neville WillemseSubject: FW: S Africa Revenue

FYI. I have tried to simplify the argument for George and Herman. Mike Michael Lithgow CBE Managing Vice President, Gartner Consulting EMEA - Head of Public Sector and Security

Gartner office: +44 1784 267642; mobile: +44 7802 201149; fax: +44 1784 267497; co-ordinator : +44 1784 267491, +44 7843 363750 Integrity, Excellence, Accountability, Diversity, Teamwork

From: Lithgow,Michael Sent: 13 January 2015 08:54 To: Greeve,Herman; Miller,George; Prior,Stephen Subject: S Africa Revenue All – we have been asked to bid for a piece of work in S Africa Revenue – Tax Office. We have been discussing this since 17th December and Paul Turton has been involved in reviewing the approach and SoW. IT is an IT Review and Modernisation programme. The total value is around $1m and it will sign in late January or early February. There is an issue that needs your input. S Africa have a policy of Black Empowerment. This means that a company has to demonstrate that it is providing opportunities to black majority population. Unless we can demonstrate this it means that our bid can be vetoed. The client has proposed that we use a small company that is led by an ex Government CIO whom Neville knows. This would add the necessary ‘proportion’ of Black Empowerment. The impact on us would be a 70/30 split ($700k Gartner/$300k partner) – 70% of the work by Gartner and the remainder by the partner. Neville has vetted them and he is content that they are qualified to do the work. The question is how we contract with them and recognise revenue. We are not able to mark‐up – would make the engagement uneconomical for client. It is a similar situation as Stockholm Stad where the client insisted that in order for us to have the work we had to use a specific partner. The suggestion from Neville is that their revenue/invoicing is treated as BIPT with a mark‐up of 5%‐10% for managerial fees. But I suspect we would not be able to recognise as revenue – not sure it this is important given that it will be detrimental to margin. Stephen – as they are a Sales Agent I am not sure how involved we are in the sub‐contractor arrangement? The client is showing signs of work starting in the next 10 days so there is some urgency in addressing this issue. Mike Michael Lithgow CBE Managing Vice President, Gartner Consulting

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EMEA - Head of Public Sector and Security

Gartner office: +44 1784 267642; mobile: +44 7802 201149; fax: +44 1784 267497; co-ordinator : +44 1784 267491, +44 7843 363750 Integrity, Excellence, Accountability, Diversity, Teamwork

This e-mail message, including any attachments, is for the sole use of the person to whom it has been sent, and may contain information that is confidential or legally protected. If you are not the intended recipient or have received this message in error, you are not authorized to copy, distribute, or otherwise use this message or its attachments. Please notify the sender immediately by return e-mail and permanently delete this message and any attachments. Gartner makes no warranty that this e-mail is error or virus free. Gartner UK Limited is a company registered in England and Wales with the registration number 2266016. The Registered Office is Tamesis, The Glanty, Egham, Surrey, TW20 9AW

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Subject: FW: ICT stratergy meeting with GartnerLocation: Lehae la SARS Block A , Bronkhorst Street , Pretoria - Boardroom 8 Ground Floor

Start: Wed 1/21/2015 2:00 PMEnd: Wed 1/21/2015 3:00 PMShow Time As: Tentative

Recurrence: (none)

Meeting Status: Not yet responded

Organizer: Michael Mavuso

-----Original Appointment----- From: Michael Mavuso [mailto:[email protected]] Sent: 20 January 2015 10:32 AM To: Michael Mavuso; Neville Willemse Subject: FW: ICT stratergy meeting with Gartner When: 21 January 2015 02:00 PM-03:00 PM (UTC+02:00) Harare, Pretoria. Where: Lehae la SARS Block A , Bronkhorst Street , Pretoria - Boardroom 8 Ground Floor -----Original Appointment----- From: Michael Mavuso Sent: 14 January 2015 02:34 PM To: Michael Mavuso; Jonas Makwakwa; Kamogelo Mampane; Annalie Frost ([email protected]); Mogogodi Dioka; Dan Zulu; Erick Smith Cc: Cheryl-Lee Lagerdien; Neville Willemse Subject: ICT stratergy meeting with Gartner When: 21 January 2015 02:00 PM-03:00 PM (UTC+02:00) Harare, Pretoria. Where: Lehae la SARS Block A , Bronkhorst Street , Pretoria - Boardroom 8 Ground Floor


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From: Annalie FrostSent: Thursday, January 22, 2015 3:13 PMTo: Michael Mavuso ([email protected]); Makgama Mahura

([email protected]); Kamogelo Mampane ([email protected])Cc: Neville Willemse; Erick Smith ([email protected]); Barbara RobertsonSubject: Gartner and SARS - Agreements Attachments: SITA MCSA 2005 - Signed.pdf; MCSA January 2015.docx

Afternoon Michael, In follow up to our meeting yesterday afternoon,

1. please see attached the Gartner Master Consulting Services Agreement that requires your review and signature. I have attached the signed SITA MCSA you considered as an option previously. As you can see it basically the same. We would urge SARS to sign this agreement with us directly to speed up the process.

2. I have engaged with our legal counsel on the SARS NDA and will revert back to you shortly. 3. Kindly send the one‐on‐one confidentiality agreements to us so we can get them signed in the interim also.4. Your updated proposal is currently with our Quality Assurance and will be forwarded to you shortly.

Kamogelo, I am preparing the quotation for the use of Gartner’s research advisory services in the procurement organisation and will have that with you shortly. Best regards, Annalie

From: [email protected] [mailto:[email protected]] Sent: 06 January 2015 10:59 AM To: [email protected] Cc: [email protected]; [email protected]; [email protected]; [email protected] Subject: RE: AGREEMENT - SARS / GARTNER Good Morning Erick, Please see attached as requested. Kamogelo, kindly send me an electronic copy of the one‐on‐one confidentiality agreement. I have forwarded the NDA to our lawyers and will give you feedback shortly. Could you share an electronic version of the latter as well. All the best,




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Office: +27 (0)12 422 5034 Cell : +27 (0)82 321 1189

Fax: +27 (0)12 422 4963




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MASTET, CO].ISULTI G SER\'ICES AGRETI|€NT

This Master Consulun€ servlces Agreemert CAoreement.)'. dated .as of [- ] February

,ffis ii-h;'"Etr;itlGnGt, li u-"ttn""n Girtner lreland umited whose resist€r€dim,r! ii'it TiiE* n"*",'Lqwer Bassot Street, Dublh 2 cs3rtrcfl and SITAiirr"*'Littii"a "mJ G-'"t qsg rsrdJ st'eet, irasmusldoof' 0181' south afrtca

iCfic-"ii, l;td-""tt out the tsrrns and condrtions for tfie grovtsron of consultingandlormeasulements€ry|ces!ooeperfodnedbyGartnerforclient(cD||edive|y,the'5en4es'1.

1. Scooe of Serylces. Thh Agreement is appllcable to atl Services provided by

&rm-er aurine $e tern of thisig.eement whiih seMces ale set out in a Statement

of i,ii* "nte,id i"t" Uy the parties in acordance with sedlon 2 The adual woik to

Oe pe.foimea'Uv Gartner ln any specifc enEagern€nt,- and tne fees. lio be paid by

iri"ii tor ri*t engagemert, wila be s€t out i; specific statements of work' ff therei. -v ;onhlc o. i-n6nsistency between a term in this Agreemed and a te'm in anv5tai!'-.,ii'ii wo.t or other documents returr€d to or otherwise inqtrporat€d Intotf,E-lrgieiln*i, the term in tfiis agreemert shalt take ?FFd:lcel unless the

Stater;em of Work or other doqjmeni whlch ts incorponted into this Agre6rfient is

exDressly stated to tab precedence over this Agr€emenl.

2. Statements of work. staternents of work are docgn€nts signed by both Gartnef""4-Zr-iEnt6itGi6i" at least tJte following elements for each engag'ement: (i) thescooe of the Services for the specific eng.gem€ftt; (ii) the deliverables to oep-i,U.a tv

-Gtrtner (th€ 'geliygratslcg1; (iii) the sPecific responslbllities of client

ind (iv) tfie fees and poyrnent sch€dule for the s€rvices. The Parties may mElGciiini"i to a. stat"meit Lr wort in accordance with secdon 21 ofthis Agr€ement'

3. -Tjr4-gfu\slceng!!. This Agr€emett shatl remain in effect lnul terminated byeith-? paty on at least 30 days'prior written notl@ to the othE. party.

4, Term of Stat€m€nts of work. Each Statement of work shall remain in effed untiltne Se-lces specinea in that SEterflent of lvork have been compleGd by Gartnerana are acceded by Client in ac.ordance with s€c6on 13 of this Agreement' Eachparty mey trowever Gtmioate a Statemerit of Work immediately by written notice toine 6tne.'it ttre otfier party ls in material breach ef anv of its obligaHons under thatstatement of work end either that br€ach ls incapable of rem€dy or the othe' partyshall have failed b remedy that bGach wltfiln 30 days after rec€lving writtetr ndticerequiring it to remedy that breach.

5, EfGd-sflIe@ jlaE!!- Followlng any termination of ttris Agreement, Gatner shallcom-1i6, ana oient stratt pay Gartnerfor,lhe Sewices lnder all Stat€ments of workin force as of the efectjve date of termination. The provisions of this AQr€€rDeht shallconbnue to apply to atl those Staternents of Work. Any termination of thls-aqr@mentshall not affed any accrued rlghts or tiabilities of ether party, nor shrill it aff€ct thecominS Into force or the contlnuance in force ql any provision gf ttlts Agreementwtrictr is o<pressty or by impllcitjon intended to come anto fgr@ or continue in forceon or after termin*ion.

6. IntdlectuatfIole6a (a) Grrtner shrll refain sote anc e)clusive ownershlp of theDef,veraHe(s), Gartner tools, m€$odologie€, quetionnaires, responsaG, proprietaryrcseardr ano data, software, softitare doqJ.netltaboo and othEr matedals generafed,provid€d or made available by @rEle. In the cou6e of p8rtorming the Servlces Ineach case, Mether in hari copy' electronlcally o. othe-rwise, (the'€atrne!

E@dalsl; together w''th atl intellectual property rights in the G'dner Materials'

22FEBO5-KST Gariner trEland M.ste. con5qlling s€dl€€ Agr€emem Paga I

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(b) Nothino contained in t}lis. AEree'nent or anY Stat€ment or Work shall pr€clude

Gartner from rendenng Serulces r'o othets or developing wgrk products -that are

i-,tiolud'ii "ur, or fu;donaltv companblc to' th€ seMces-' 9-']91-tl-11 not e;l#A;'i"

'lt" ;t; o,io""t, crincept!, tnow-ndw, oata and techniques acquir€d or

;;;;; tit;--"--.' of pertormlng the Servic€s, provided that Gartne-r shall not use

or disclose any of Clbnfs ca.fideitial hformation, as oenneo ln >eEuon o'

(c) With r€spect to any measur€ment SeNices performed by Gartner' client

i"1nori.as."'O"t (i) the cont€nts qt tne ueast,lretit"nt RePott -(as defined in the

itit"rent-ot worki'and other deliveGbles are based upon inbrmauon which is

;;;;;;; t" 6;ffie. and contained In Gartner's prcpletay datibase'- 0i) the

;.i;ttofGErtneis database and any copyright or dat'abase . rlghts or otner

im"irJ*i p.opettv rights in Gartneals 'dado"ti

b"tong to G€rtnsr-solely' (iil)

i i"itG- aiia'"iiir oe'---,, part of Gartner's dabbase, subject to dause I belqw (iv)

;;;;;;ii;;--v'pi"!*tur.n of client's datr to preserye oienrs anonYmitv'una- ful e"nnif" da;base will be used bv Gartner in futu'e consulting and

rnliiiltilnt '"ioag"."nt

. client srants Gartner a worldwide, non-exclusive'lliv"-rit-il'",

-p"iaGiitp.trat tiien." ti use Gi€trt's data tor the purPoses set out in

t}ls sutssedion 5(c).

fd) Ctiert shalt rEtain its intellectual property rlghts in all Dropri€fary matedals 0|at

iii""t i"ppiio to Gartner. lf clent provices G.rtner with materials owned bv orricens"o ii cilent (the'Cll€nt Materials-)' Oient grants,.to G:rtn::l 1l -exdtrsiveiii.iil" t" ,rse th€ ali€6t Materials fqr thq purpose of tumttrng |Ls obllgattons under

each Statement of Wgrk

7. LJse of Deliverables. Subject to the payment in full of the applicable Fees sd out Inttte St"tunrent of work, Gartner grants to Client for intemal purposes only airirrroriioi, "i"-&o"sive, .ovartv-fr-ee, Perpebral liceJtse ta rise. reproduce, dlsplav'JistriUuiJ'copies or, and pr;pare de;'ratlve works ot the oeliverablec unles's theotriveoure is 5 Rduest tor Proposal (RFP), client shall not n€ke the Deliverablesamiiaofe, in *frofe or in part, to any iea6n outside client-,-or quote excerpts from

ttre Detiverables to any iuch pe.son, wlthout the prior wrltten consent of Gartner,which consert shall not be unreasonably wtthheld. Notwithst3nding the foregoing,Client may disclose tlle Deliverables to (D its extemal auditors andlor.accolJntants'ii) tf,irO fSarUes who have signed aPprDprlate confidertiallty Bqreern€nts -n'iui Clientina ,"ho are engaged by Client ti review or implement suggestions for Client'suustness (uut noftdr any commercial €xploitatjon) or to turther researdl the issuescontained in th€ Dellveribles provided that the confldendallty agreem€ht prohibitsthe relevant thid party from uslng the Deliverabl€g tor anv oth€r purpose. and (lii)governnental or comp€tent regulaiory authonty as r€quired Dy law or regulation'

8. gqd4ellblttY. (a) E€ch pa,ty aqrees to keeP confidential and not to use o' disdoseto any ttlid parti&'unlesi exiressly permitted by this Agreernent any non+ublicbusln;ss intumatior of the other party leamea or disclos€d in connection wlth thisAgreement and any Slatement of Work, Includlng, in the case of,'nforrmtion provided

d earU."., the G;rtrEr Matlrials ($e iconfidentiat lfltunnatlon'). The obligatlons of.i.tr pa.ty with respect to the aonf,denaal Inbrmauon of the otier -party shallterminate-with resp&t to any Panicular pottion of that Confideotial Info'mation ifand when: (i) it is in the public domain at the drfle of its communlcaton; (il) it.isdeveioped liitependenuy by the receivinq party wthout use -of any confidentialInturm;tion; (id) it ente; the public domsln through no fault of the receivlng partv

subsequent to ihe ume ot tha discloslng party's communicatjon to the receivingpirtv; t'"ilt l" tn ttte receiving parhls possession free of any obligadon of confidenc€

N-22EB0s-t€T Grnner lrel6nd M"t'r consudng s@lc€ Alreeme^t

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attheumeoft ' |edisdos|ngparvscommunicat |on:(v) | t iscommunicatedbytheiliii.r".

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iJ,iiiiiirS'ii;iji 6Jdisddsind party's vritten permlssion'

(b) The r€ceiving party may disctose Confldenbal I ormauon where r€quited to do

so by la$, or by any compeEnr reaulatory authoritv' Ilt b:::..-dl]Ji:n1*' tn"

LiirriE p".V it'uff'give the disdosins pa'rtv prompt advance w-rltten notjce of the

disc{osure (where larfut ano poo'-ifJc6 ioj sb ttrat tlte d'sdocing- Parv has

;l#;;;";;;;;it tttt"t pislture) to prevent or contror the manner of disdosrre

by aPpropriate legal meaos'

9. W3rtrili$. (a) Client warrants that: (i) Garine/s .'r.s€. 9f . -gie-T:s--data in

"..oroa-iffim lirtion 6(c) and is use oi -ctiertt

Materials in connettion wrth a

Statement of work does not int inEe ani iotrlght, tradsmad( trade-s€s€t or other

ii'lrf iFii'v't'rjii'pi"i iâ tru ri, arr 'mitiiiaf

respects' ctient Matelials are true'accurate. comDlet€ and oot mlsleaolng'

(b) Gartner wBrrants t}Iat: (i) th€ D€llverables, In the form provided to. Client' do not

ffinqe any copyiight, trademarlq trade secrei or other right of any tFlrd parv and

tii) Gartnert peFonnel wilt use "u t ""o*Ott skill and care when providing t}le

iJ.vices tn accord.nce with the Statement ofwork'

(c) Except 3s expresslY provided in thls Aqreernettt or any gt5tement qf Work' no

repres€ntauon, wafl'anty or conoFgn. etptLt o|. lmplied, statutory or-otherwise' is

o-iJ.n lt-G",i"". .nd all such represlntatlons, waronues and condilions are

L.i"o"i.tooiio tne extent that therrexcluslon is prohibited bv IaYY'

(d) Although Gartter has used its reasonable endeavours to ensure that. its tfilrd

ii'rtv aour6" rre reliable, Gartner shall not be liabte, whether ln @ntract' tort or

5trt"'r-i... roi an" damlge suffered uv oient as a result of information provided by

il;; ;fi[;;;i ;";d'idJ in-uti oeri"e,aoles belDs inacturate or incompl€te'

(e) Gartner shBll have no obllEation to update the Dellvei-able6 once they have been

delaver€d to Client.

10- llmdaua!-oflJe! fty. (a) Neither party exchdes or limits-its liabllltv.b-r fraud 0r

for d€ath or gersonal lruury causeq oy its negltgence or that gf its employees' agents

Or SUb-ContraCtOrS;

(b) Subiect to sub€echon 10 (a)' Gartne/s liability to Client un-der-or in cpnnectron

I"lih"&"ilf,il ffiffi; ;;'ai;fift or work/'whethe' Brlsrne rro'n.r-esrisence';;;;;f ;;"i;.t ". itlerwise, in respe<t of alt the events occurring dlrdng,anv v€ar

;i;;il tiJi;; li"oirnv,'G tltn"a in asereeate to the greater or: (r) 2'500 Euro;il iiijh-fi;J"t equiiirent to tr,a iG-pai-d bv client qnder that -statarnent orilli{ iit Lein of thjt vear. For the purpose qf this slrb-secdon' a-"vear" meansifre t er"e-riontfr period

'comnrenctng ori tle dat€ of this Agreement and' eadr twelve

month perlod commencing on m. annit""sity of that date'. rf l,le,period-fi'om the

H';;ffi;t; ii"iait" untrt the dat€ oi terminauon of this agreement is lessthan twelve months, that snon"r p"rtoJ str"lt be deed€d to be a ryeay'r for the

purpose d tttis sub-sectiotl.

(c) Subject to sub-sEctlon lo(a), neither Party shatl be |table to the other party for

(i) toss of profits, ,"u*u"" o. *n.-iG, SGin"ss imettpti*' loss o-r.corruDtion of

iit ol liif inoit6,*, special or cDnsequenusl loss or damagc' even if that loss was

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reasgnably foreseeable and whether arising from negtig€nce' breach of contract or

othe ,ise.

(dl ExceDt for actions brouglt by Gartner for payment' neither parw.may bnnq En

)iitiiT,i;*'"!i irii "ii* -.,iii"i

ti'c ediiii'er'ioi anv stst"Tltt or worlq-r"hetherlbt breach of contract, negtigence ot'oUt*t'l*, more than thr€e yea]s ater that

;;d;;;;;;;6r tni iarse or aaon, daim or e'ent sMns rise to tie causeof adjon or daim.

(e) The partjes agreE tiat the limltatlons and Exclusions set or* in this clause 10 are

i"is"n"6r. rtiuini r€gard to all rt" rAluint -tcuttt"nces' and the levels of rlsk

ui.o"iii"o *i$, .5"tt iatty's obtlgations under this agr€ement'

11. Fees and-Exoenses. (a) Client shall pay dle fees specified In each Staternent of

i[*- t" GEer ir-..."riince witrr $re iaiment terms set out in that Slatement of

Work.

(b) The fees due to Gartner in @nnection with eEcl Stdternent of.Wort ar€ exdusiveli'vi ioi"J-rllGi.r' st iti be Paid bv client at th€ rat€ end in the manner forthe time being prescribed by law, excePt as required by.law' If th-e..5eJvlces are

iuui".t to-"nv-tit"", oth€r than taxes bised upon Gaftne/s income, cllent shall pay

tr'roii-i"t"". in the'absence of a slgned staiement of wort settlng out the fees'6"-*.* lf'jff inuot". ana Clet* *tall by Gartner fot the s€ruic€s r'ronthly on a tlme-and-materials l'asis, at Gartne/s then oirrent rates.

(c) client agtees to pay all reasonabte travel and subsist€nce expenses Incurred bydinner in cinneaion iith ptovlding the Services. out-qf-pocket e)(penses r€lated totravet and subsistence will be lnvoiced 3t tie adual amount incurred ard "e norindudsd in the grpessional fiees set out in each Statgment of work' Gartner willinvAci montfrV iot t "vel and subslstence o(penses lnclrred in the p'ior month'

(d) Client aorees to indemnify and ke€p Indemnified Gartner for all Ees incur'ed byGirtner if Cartne. is r€qulred to produce document or wltness evidence rcr use Inorqe€dinos between cti€nt and a third party in any jurisdidion for all matteF;;lsiE;"i "i;; in connedion witi the services or Detiverables. such te€s inclld€,""iuoit ffmGtion, f€€s inoJrred by Gartner or bv ile otiside Counsel on Gartnedsbehalf to respond, object to or negotiate the terms of Gartne/s comPliance with ttl€proceedings ioEether with f€ss tor time spent by Gartne/s employees at Gartner9inen curreit consulting t-atet to re6pond tg the proceedings and all other reasonableout-of-pocket o<pms& incurred by Gartner, indudinq, wlthout. limitauon, oubideCounsel fees and travel. For tie avotdance of doubt/ thls clause is only op€ratfve tothe ext€nt that the fe€s are not met by a thlrd party pursuant to an O'der for costsfrom a Court of competent Jurlsdlction.

(e) Wilhout prejudlce to its other righls and remedi6, Gartner may drarge, and-lient shall pay.-inter€st (after as welias before any Judgement), accruing daily tromthe due daie to tJ|e OaG of adlal Payment on any overdue amounts under thisAEreem€ot at tfte rate of ? per cent. pEr annum abovs the base rate of BarclaysBank lqr the ume being In forcs

12, g3la-Plgtertlgn In peforming their respectsve obllgations under this Agreementini--anv appncaue stitement 6r woa<, the p.dles shall each -compty with all€pplicable South Afican legislation and regulations, Including all future legislatlonand regulations, relating tg data protection and pflvacy'

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sub-licenslng, transfemng, .toong u'Jti6" "t"t or otherwise--d-lspo^sing of any of

its dghE or ftom sub cotltGst ng, ti"ifetiins ot otherwise dlslosing-d any of its

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17. Publicitv. Neither pafty shall sse th€ name o-f the other -party In any

announcements, pres: rqeases or aavlrtfements' or lol a]y comm€rcial purpo6e'

wlthout the Drior written ao,tt*t ot fr" ot'"i' &iipt ttrat ea'tner may name client

in cllent tislings'

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19. No Thirdihrtv Benefician€. This Aereernent is tor lhe berefit of the parflesonly. Nooe of the provisions of ttis Agreement ar€ for the benefit 0f, or entorceaUefy, aly th!.d party, It is the intentiotor Gartner ana cii"nftlrlt ij'ffiiO-purty .r,urrhave the right to (t) rety on the sewices proviced by Ga.tner, Li til)i.ei'to imposeriabirity on cartner as a resurt of tie servii=s or any betvera-bies rilririr,Ji to cri"nt,20. +qg4+eIDE!t. (a) This Agreement, tosether with the Statemenb of Work.mn$tutes -the €nure agrcernerrt betw€en the parties Wlth reSplct to ttre Suqect_rnatter of this AEreement aod strpersey'es all pr€vious Cocum.its "na ib.eemunts*y,A q. parties rdating.to trat subjecr-nrattir.- itj-l;bj;J; !i,u_s"aionzu(Er, eacn parcy acknowl€does that in entering Into thls Aga€emert and th€Statements of Work it has noa relleo on rny repr€sentEtion, war€nty o. cbttateralcontract.ot otrer assurdnce exc€pt }hos,e set out in tfr; Ag*"m"ii, fac" p"rtvwaives alt rights and remedies whtah, uut tor ttris suu.seaiJn t6j, _ib-tiioti"*i." o"ay.ailable_to_it in respect of any such represenurEon, waranty, collaterat contract oromer assu.nce. (c) Nothrnq in sub*ection 2o(b) rimits oi.ilualJ"nl rraoiritv t.rrauat-

21, AmendTenq, Any amendment ofth,s Aqr€sment or any Statement of work shatlnot be binding on the parties unless 6et out in wnting, i:ipresseC 'J

amenO tjrisAgreernent or the statement of work and sfgned by ;a;rrth;;s"a r"pL.nt"uue "feach of the perttes.

?2..+€F!iIq. If an_y term of tih Agre€rnent or any Statemert of Vr/ork ts orDecones i egal, invatid or unenforceable in any jurisdicti'on, if,"l af,iff not ,feA, fO[u--l-a]lY,- "gltdy or edb.ceabitity in trat ju-raoicu:on o?i"v 6ir,"J iJril ., trAgreement or t}|e StatenEnt of Work; or (lt) the legality, vatiaiti oi eirfoieaU;rity inother Jurisdictions of that or any other prdvision oitr,ij'ngreJme* ji Sjirn"* o,Work-

3l:*i!ltr+++t4ll-otspute .aristng out ofor,in @nnection wirh thts AsreemE_ot or anyservrces Agreement, includtno anv question regarding its &it ic, vatiafy oi.termination, shall at the request ot 6lthe. party. A6r*e.ia to ana i,nu-f-fy .eoofvuo Uy:lbltration. ry.th:. Arbrtraflon Foundabon i,r S6irtrre. arr"i inoit. i-i'dit,iition sn"rr-9: coltdrLded in the English tanguage. No teaangs strair ae irii! ln-vwt "r. or.,",tfian.in Pretoria, untass the parfies agree otherwise. The pi.tf"s lg,.e" m"t tn"decision of tho arbitrator shali be finat .nd.bindlng. This secti;n is *iUio,]i preJuO;ceto. eitfrer -party's right to seek interim rdief aga'irst tf,e of$"i p"il iiu.t ". "ntnjunction) through the courts of the Repubtic of3oqth Africa io pt&oi iEiigrrts anointerests.

24-.Noticeq, All notices required or permitted under tJiis Agreern€nt sh6ll be ioytlulg. "19 sent by hand delivery, qrurier or regtster€d mait, .etum receiptsre4u€sted,. to the o$er parvs address set out below,-Notic€6 shitti" "F"aru. uponre<€ipt bv the other party. A psrty fi'uy change its aaoress uv gving *ri*-n notia" tome Other party in accprdanc€ witl this secdon 24_

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25. _Ge+q!!_Dg-!!w- This Ag'eement and any Statemenr of Work shalt be governed byano construed in acclrdance with the lEws of tie ReDublic of sbuth Afnca:

?9: *4gl sls-l s, 6,7. s, 70, L7, !3, 74, Ls,77,18, ts.20,2L, 22,23, 24ano z5 snaI survive any expiration or t€rmination of this Agreement,

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From: Kamogelo Mampane <[email protected]>Sent: Monday, January 26, 2015 10:12 AMTo: Neville Willemse; Annalie Frost; Michael MavusoCc: Barbara RobertsonSubject: RE: Updated Gartner Proposal - Friday 23 Jan 2015

Thanks for feedback Neville. Michael will be in touch. Regards Kamogelo Mampane (FCIPS) Tel: 012 422 7469 Cell: 081 8744 224 Fax: 086 547 0230 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa From: Neville Willemse [mailto:[email protected]] Sent: 26 January 2015 10:00 AM To: Kamogelo Mampane; Annalie Frost; Michael Mavuso Cc: Barbara Robertson Subject: RE: Updated Gartner Proposal - Friday 23 Jan 2015 Hi Kamogelo, my apologies for not covering that point. We have four RangeWave resources in the project team which comes to R3 002 600.00 excl VAT and they are included in the project structure. We need these additional resources on the project in order to cover all the diverse streams that we will be assessing so it is not something we can do away with and there is no additional financial impact. The working arrangement is that Gartner will head up the streams plus we have one of the senior consultants who will also oversee the total project and then the RangeWave consultants will be members of the various streams. The financial arrangement is that RangeWave will invoice Gartner for their time so SARS will only receive invoices from Gartner Ireland Limited. If you need any further clarification please let me know. Thank you. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level

297

FN21671

Typewritten Text

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From: Kamogelo Mampane [mailto:[email protected]] Sent: 26 January 2015 08:20 AM To: Neville Willemse; Annalie Frost; Michael Mavuso Cc: Barbara Robertson Subject: RE: Updated Gartner Proposal - Friday 23 Jan 2015

Dear Neville Please respond to my question about the empowered partner and also kindly indicate if their resources are also included in your latest project structure and what the working arrangements will be between your company and theirs? We need to close the matter today and if required Michael will arrange a telecon to discuss. Regards Kamogelo Mampane (FCIPS) Tel: 012 422 7469 Cell: 081 8744 224 Fax: 086 547 0230 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa From: Neville Willemse [mailto:[email protected]] Sent: 24 January 2015 10:04 PM To: Kamogelo Mampane; Annalie Frost; Michael Mavuso Cc: Barbara Robertson Subject: RE: Updated Gartner Proposal - Friday 23 Jan 2015 Hi Kamogelo, in the original proposal, the following was allowed for in the scope of modernisation

■ Modernization Project – What has been spent to date on the Modernization project and what is still to be spent? – A status on the monitoring measures of the Modernization project to verify that objectives are being

achieved and to measure performance to date so as to eliminate surprises. – A status on full scope of what has been delivered to date on Modernization project against the plan,

what costs have already been incurred to date against the original plan. We then got the email from Michael Mavuso asking us to increase the scope of the modernization project and that is why we had the meeting on Wednesday to get a better understanding of the size of the modernization project and the impact that the additional scope would have. Below is what SARS have now requested and you will see it is substantially more work

■ Modernization Project – What has been spent to date on the Modernization project and what is still to be spent? – A status on the monitoring measures of the Modernization project to verify that objectives are being

achieved and to measure performance to date so as to eliminate surprises. – A status on full scope of what has been delivered to date on Modernization project against the plan,

what costs have already been incurred to date against the original plan. – Review the effectiveness and efficiency of the sourcing approach for the Modernization Project with

the particular focus on the selection process of service providers, contract negotiation and contract management.

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– Review all aspects of the Modernization project contractual arrangements such as service level agreements, escalation procedures, product specifications, transitional requirements, roles and responsibilities, and exceptions.

– Review all the supplier agreements for the Modernization Project to ensure that they include a statement of work, a specification, terms and conditions, a list of deliverables, a schedule, a budget, and a defined acceptance process and line business approval .

– Review the effectiveness of the performance feedback mechanism of the Modernization Project, including, performance monitoring and periodic contract and invoice audits as well as other measurements and controls.

Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


From: Kamogelo Mampane [mailto:[email protected]] Sent: 23 January 2015 06:05 PM To: Neville Willemse; Annalie Frost; Michael Mavuso Cc: Barbara Robertson Subject: RE: Updated Gartner Proposal - Friday 23 Jan 2015

Dear Neville We need to discuss and as indicated Modernisation was included in the original submission, it is however not clear what the major differences are? I have read both submissions and do not see a major difference with an exception that Modernisation is now detailed separate as a project on its own, whereas in fact it was part of the original discussion we had with the team and included in the original scope. Can you also indicate what is the financial impact of working with the empowered partner? Regards Kamogelo Mampane (FCIPS) Tel: 012 422 7469 Cell: 081 8744 224 Fax: 086 547 0230 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria

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Private Bag X923, Pretoria, 0001, South Africa From: Neville Willemse [mailto:[email protected]] Sent: 23 January 2015 05:43 PM To: Kamogelo Mampane; Annalie Frost; Michael Mavuso Cc: Barbara Robertson Subject: RE: Updated Gartner Proposal - Friday 23 Jan 2015 Hi Kamogelo, we would need to revert to the original scope which will not provide you with the level of analysis as outlined by Jonas at Wednesday’s meeting and the email sent through by Michael on 9 January which covered the following additional scope.

– Review the effectiveness and efficiency of the sourcing approach for the Modernization Project with the particular focus on the selection process of service providers, contract negotiation and contract management.

– Review all aspects of the Modernization project contractual arrangements such as service level agreements, escalation procedures, product specifications, transitional requirements, roles and responsibilities, and exceptions.

– Review all the supplier agreements for the Modernization Project to ensure that they include a statement of work, a specification, terms and conditions, a list of deliverables, a schedule, a budget, and a defined acceptance process and line business approval .

– Review the effectiveness of the performance feedback mechanism of the Modernization Project, including, performance monitoring and periodic contract and invoice audits as well as other measurements and controls.

We also factored in a slightly deeper dive into the IT HR assessment based on Wednesday’s discussion which we feel is appropriate but can remove that and go back to a high level assessment, although the deeper HR assessment was not a significant additional amount. SARS also requested that we contract a company from your preferred list to ensure adherence to your empowerment policies, which we have done by including resources from Patrick Monyeki’s company RangeWave. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


From: Kamogelo Mampane [mailto:[email protected]] Sent: 23 January 2015 04:58 PM To: Neville Willemse; Annalie Frost; Michael Mavuso

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Cc: Barbara Robertson Subject: RE: Updated Gartner Proposal - Friday 23 Jan 2015

Dear Neville What needs to be done to stay within the original proposal and still achieve the main objectives? Regards Kamogelo Mampane (FCIPS) Tel: 012 422 7469 Cell: 081 8744 224 Fax: 086 547 0230 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa From: Neville Willemse [mailto:[email protected]] Sent: 23 January 2015 04:51 PM To: Kamogelo Mampane; Annalie Frost; Michael Mavuso Cc: Barbara Robertson Subject: RE: Updated Gartner Proposal - Friday 23 Jan 2015 Hi Kamogelo, I can make 09h00 on Monday morning. The difference in professional fees is due to the additional scope requested around the modernization project which is substantially more work and we had to include a number of additional resources to still try and meet the timelines. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


From: Kamogelo Mampane [mailto:[email protected]] Sent: 23 January 2015 04:19 PM To: Annalie Frost; Michael Mavuso Cc: Neville Willemse; Barbara Robertson Subject: RE: Updated Gartner Proposal - Friday 23 Jan 2015

Good Day

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We need to discuss, there a major differences from the 2 submissions we received from you. Can we please meet on Monday, please indicate your availability. Regards Kamogelo Mampane (FCIPS) Tel: 012 422 7469 Cell: 081 8744 224 Fax: 086 547 0230 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa From: Annalie Frost [mailto:[email protected]] Sent: 23 January 2015 10:58 AM To: Michael Mavuso Cc: Neville Willemse; Barbara Robertson; Kamogelo Mampane Subject: Updated Gartner Proposal - Friday 23 Jan 2015 Afternoon Michael, As promised earlier this week, herewith the updated consulting proposal for your consideration. We are awaiting

your amendments to your confidentiality agreement as per Neville’s email of yesterday so we can sign.

A signed Gartner Master Consulting Services agreement

Electronic copies of the individual confidentiality agreements. Best regards, Annalie

From: Annalie Frost Sent: 22 January 2015 03:13 PM To: Michael Mavuso ([email protected]); Makgama Mahura ([email protected]); Kamogelo Mampane ([email protected]) Cc: Neville Willemse; Erick Smith ([email protected]); Barbara Robertson Subject: Gartner and SARS - Agreements Afternoon Michael, In follow up to our meeting yesterday afternoon,

1. please see attached the Gartner Master Consulting Services Agreement that requires your review and signature. I have attached the signed SITA MCSA you considered as an option previously. As you can see it basically the same. We would urge SARS to sign this agreement with us directly to speed up the process.

2. I have engaged with our legal counsel on the SARS NDA and will revert back to you shortly. 3. Kindly send the one‐on‐one confidentiality agreements to us so we can get them signed in the interim also.4. Your updated proposal is currently with our Quality Assurance and will be forwarded to you shortly.

Kamogelo, I am preparing the quotation for the use of Gartner’s research advisory services in the procurement organisation and will have that with you shortly. Best regards, Annalie

From: [email protected] [mailto:[email protected]] Sent: 06 January 2015 10:59 AM To: [email protected] Cc: [email protected]; [email protected]; [email protected]; [email protected] Subject: RE: AGREEMENT - SARS / GARTNER

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Good Morning Erick, Please see attached as requested. Kamogelo, kindly send me an electronic copy of the one‐on‐one confidentiality agreement. I have forwarded the NDA to our lawyers and will give you feedback shortly. Could you share an electronic version of the latter as well. All the best,







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Fax: +27 (0)12 422 4963




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Sent: Sunday, January 25, 2015 10:42 PMTo: [email protected]: Re: SARS Proposal

Hi Patrick, as mentioned I have allowed 50 days each for Andy and Coltrane and 40 days each for Billy and Mackson. At 8 hours per day, you can multiply with their rates and get the value. I also allowed expenses of 100 kms per day per person at R3.50 per km plus R20 parking per day per person. I can put it in a spreadsheet and send to you in the morning. Neville Willemse Sent from my LG Mobile ------ Original message------ From: Patrick Monyeki Date: Sun, 25/01/2015 09:35 To: Neville Willemse; Subject:Re: SARS Proposal Hi Neville Thanks for this. This enable me to engage appropriately from an informed perspective. In order to enable me to plan appropriately for Rangewave on this assignment, I would like to understand your approach to the utilization and scheduling of the Rangewave Consulting resources. Will I be correct to assume that Rangewave resources will be engaged fully for the duration of the 10 week project. What is the total value of the work to Rangewave Consulting? Regards Patrick On Sat, Jan 24, 2015 at 10:04 PM, Neville Willemse <[email protected]> wrote:

Hi Patrick, here is the proposal.

Kind Regards,

Neville Willemse

General Manager

Gartner Africa

Tel: +27 11 803 4706

Fax: +27 11 803 4705

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Typewritten Text

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Mobile: +27 82 570 4997




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Sent: Monday, January 26, 2015 9:40 AMTo: Patrick MonyekiSubject: RangeWave FeesAttachments: RangeWave Fees.xlsx

Hi Patrick, here is the spreadsheet of the fees and expenses. We marked your rate up slightly to cover our admin charge. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


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35

RangeWave

Consultant

Gartner

Rate

Actual

Days Fee to Client

Andy Eksteen R 2,150.00 50 R 860,000.00

Coltrane Nyathi R 2,150.00 50 R 860,000.00

Billy Ledwaba R 2,150.00 40 R 688,000.00

Mackson Aphane R 1,650.00 40 R 528,000.00

Sub Total 180 R 2,936,000.00

Local Travel

Andy Eksteen R 17,500.00

Coltrane Nyathi R 17,500.00

Billy Ledwaba R 14,000.00

Mackson Aphane R 14,000.00

Parking R 3,600.00

Sub Total R 66,600.00

TOTAL R 3,002,600.00

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From: Michael Mavuso <[email protected]>Sent: Thursday, January 29, 2015 7:47 AMTo: Neville Willemse; Annalie FrostSubject: RE: Neville please action - Updated Gartner Proposal on ICT strategy (SARS)

Thank you Neville Kind regards Michael B Mavuso (MCIPS - MBA) Acting Senior Manager : ICT Category Tel: 012 422 4497 Cell: 082 455 7024 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa

From: Neville Willemse [mailto:[email protected]] Sent: 28 January 2015 04:13 PM To: Annalie Frost; Michael Mavuso Subject: RE: Neville please action - Updated Gartner Proposal on ICT strategy (SARS) Hi Michael, the way we structure our fees is on a fixed price for fixed deliverables basis as against an hourly rate over which you have little control and normally ends in a higher cost than anticipated. I have tried to break the cost down as per the tasks in the proposal, but there is some overlap in the tasks which you will appreciate.

Task Total

Kickoff R 502 469.85

Data Collection R 2 169 517.27

IT Strategy Review R 2 197 073.48

Targeted Assessment R 5 200 587.73

Final Report R 1 317 451.67

Total R 11 387 100.00 Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level

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From: Annalie Frost Sent: 28 January 2015 03:37 PM To: Neville Willemse; Michael Mavuso ([email protected]) Subject: Neville please action - Updated Gartner Proposal on ICT strategy (SARS) Michael, Neville will give you a call to discuss. Regards, All the best,



From: Michael Mavuso [mailto:[email protected]] Sent: 28 January 2015 02:22 PM To: Annalie Frost Subject: Updated Gartner Proposal on ICT strategy Good day Annalie I hope you are well. I tried to phone earlier but could not reach you in your office. I have received the updated proposal and will need us to negotiate on some points. It will be highly appreciated that you give me a detailed pricing approach (structure) that was used in relation to the updated Gartner Proposal. I will really appreciate if that may be sent by latest tomorrow, if possible. Kind regards Michael B Mavuso (MCIPS - MBA) Acting Senior Manager : ICT Category Tel: 012 422 4497 Cell: 082 455 7024 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa


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Sent: Thursday, January 29, 2015 3:13 PMTo: Patrick MonyekiSubject: Resource MatrixAttachments: SARS Resourcing Matrix V1 26 01 2015.xlsx

Hi Patrick, as per the proposal, we have split the project into five streams although there is overlap between the streams. I have attached a spreadsheet which covers the streams and the questions raised and outcomes the commissioner wants. Please ask your guys to complete the areas that they are comfortable with handling and get the back to me as soon as possible. If we have an early start next week, we will arrange a project team kickoff first so that everyone gets to know each other and understands their role. Thanks. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


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Johan

Jacobs

Eion Gibson

Jack M

atthew

s

John Cato

Hugo

Winterbach

Mike Norris

Rakesh Bee

kum

Leonie M

cman

us

Gail Sturgess

Andy Eksteen

Riedwaan Dan

iels

Coltrane Nyathi

Billy Ledwab

a

Richard Bucher

Mackson Aphan

e

Legend

■IT Strategy Review L L Lead

–How aligned is the IT strategy with the SARS business goals and strategy? A L A Assist

–What policies and procedures are in place for IT risk management? A L I Input

–A status on IT risk management within SARS and how significant risks are being mitigated. A L

–The status of the IT strategy alignment with the SARS business goals and objectives. A L

–The progress report on how IT is delivering against the IT strategic plan. L A–An IT HR assessment outlining the status of HR capability of the current IT staff, development plans, succession plans.

L

■Architecture and Technology Review L–How secure is our IT environment in terms of data and information security. A L

–Robustness of our network or internet infrastructure in order to sustain possible attacks. L A–How well is our IT environment documented. Do we have the likes of BRS, functional and technical specifications, architecture etc.

L

–What is our overall cost of IT and ROI? A L A A A

–Are there business cases in place for all the IT projects? L

–Are the promised business benefits being realized through the delivery of the IT projects? A L A A A–Is the structure of our Information Technology well aligned to deliver on business objectives and also are optimally structured in line with best practices or aligned to similar industries?

L A A

–A status of the efficiency and effectiveness of the current SARS IT infrastructure. L A

–A status on how IT management has put processes, technology and assurance in place for information security to ensure that:•Business transactions can be trusted•IT services are usable, can appropriately resist attacks and recover from failures•Critical information is withheld from those who should not have access to it

A L

■Sourcing Governance L–How is governance in terms of bespoke and developed software in relation to intellectual property. A L

–Who owns the IP and where are Escrow agreements stored and who has access rights. L

–How is governance around the awarding of software contracts. A L

■Application Development and Project Management L–What development methodology is applied and is it aligned to best practice eg. SDLC L

–Are we following the best practice in terms of project management. L

–What assurance do we have on the sustainability of the O/S, RDBMS, development tools , applications etc. L A A

–Do we employ the concept of reusability in developing systems. L A

–Should we be looking at bespoke versus development or vice versa. L A

–Are we following the best practice in terms of systems deployment and change control. L–The status of Project Management capability within SARS. Project management delivery within SARS is on time budget and within quality.

L

■Modernization Project L–What has been spent to date on the Modernization project and what is still to be spent? L–A status on the monitoring measures of the Modernization project to verify that objectives are being achieved and to measure performance to date so as to eliminate surprises.

L A

–A status on full scope of what has been delivered to date on Modernization project against the plan, what costs have already been incurred to date against the original plan.

L A

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–Review the effectiveness and efficiency of the sourcing approach for the Modernization Project with the particular focus on the selection process of service providers, contract negotiation and contract management.

L A

–Review all aspects of the Modernization project contractual arrangements such as service level agreements, escalation procedures, product specifications, transitional requirements, roles and responsibilities, and exceptions.

A L

–Review all the supplier agreements for the Modernization Project to ensure that they include a statement of work, a specification, terms and conditions, a list of deliverables, a schedule, a budget, and a defined acceptance process and line business approval .

A L

–Review the effectiveness of the performance feedback mechanism of the Modernization Project, including, performance monitoring and periodic contract and invoice audits as well as other measurements and controls.

A L

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From: Neville WillemseSent: Friday, January 30, 2015 1:53 PMTo: 'Andy Eksteen'; [email protected]: 'Colleen Eksteen - work'Subject: RE: SARS / Gartner Resource Matrix

Thanks Andy. As soon as the client signs, we plan to have an internal kickoff where we can fine tune the plan. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


From: Andy Eksteen [mailto:[email protected]] Sent: 30 January 2015 09:31 AM To: [email protected]; Neville Willemse Cc: 'Colleen Eksteen - work' Subject: RE: SARS / Gartner Resource Matrix Hi Patrick / Neville I am happy to take a lead role any area allocated to me. However, I have greater experience in the “purchased” system i.e. SAP than the development world i.e. C++, java etc. I think you have a challenging task allocating the best skills to the most appropriate streams, so if you have any questions, please call me. Andy Eksteen 083 452 7984

From: Colleen Eksteen [mailto:[email protected]] Sent: 30 January 2015 7:30 AM To: [email protected]; [email protected]; [email protected]; Andy Eksteen Subject: SARS / Gartner Resource Matrix

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Morning All Please see the mail from Gartner below. Thanks

Colleen

Email [email protected]

Cell 082 454 0772

Office 011 513 4080 | Fax: 011 513 3068

---------- Forwarded message ---------- From: Patrick Monyeki <[email protected]> Date: Thu, Jan 29, 2015 at 3:39 PM Subject: Fwd: Resource Matrix To: Colleen Eksteen <[email protected]>

Hi Colleen

Please forward the attached sheet to our consultants on Sars.

Regards

Patrick

---------- Forwarded message ---------- From: "Neville Willemse" <[email protected]> Date: 29 Jan 2015 15:13 Subject: Resource Matrix To: "Patrick Monyeki" <[email protected]> Cc:

Hi Patrick, as per the proposal, we have split the project into five streams although there is overlap between the streams. I have attached a spreadsheet which covers the streams and the questions raised and outcomes the commissioner wants. Please ask your guys to complete the areas that they are comfortable with handling and get the back to me as soon as possible. If we have an early start next week, we will arrange a project team kickoff first so that everyone gets to know each other and understands their role. Thanks.

Kind Regards,

Neville Willemse

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General Manager

Gartner Africa

Tel: +27 11 803 4706

Fax: +27 11 803 4705

Mobile: +27 82 570 4997




Disclaimer


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From: Neville WillemseSent: Monday, February 2, 2015 9:03 AMTo: Kamogelo Mampane; Michael Mavuso; Erick Smith ([email protected])Cc: Annalie FrostSubject: NDAAttachments: SARS ICT Strategy NDA.PDF

Hi Kamogelo, here si the NDA signed by Gartner Ireland. They will forward the original to me for delivery to you. Thank you. Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level


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Sent: Tuesday, February 3, 2015 9:57 AMTo: Michael Mavuso; Annalie FrostCc: Erick Smith ([email protected])Subject: RE: Gartner Agreement

Hi Michael, I have just read through the agreement in more detail and there are some areas that are certainly up for discussion such as

Our proposal is not a time and material proposal but a fixed price for fixed deliverables

Gartner Ireland have a VAT tax clearance in South Africa but do not have BBBEE ratings as they are not a registered business in this country and do not have any employees here. Gartner Africa, the sole representatives for Gartner in South Africa do have a BBBEE rating of Level 1.

In terms of subcontractors, we are not actually subcontracting but we are complying with SARS request to work with a BBBEE company for this project

Intellectual property clause is going to be a discussion point because within the deliverables, Gartner methodologies/frameworks/templates are included which means we sign that over to you and it has a major impact on our business as we are no longer the owners. In Gartner’s agreement, we grant to SARS for internal purposes only a worldwide, non‐exclusive, royalty‐free, perpetual license to use, reproduce, display, distribute copies of, and prepare derivative works of the Deliverables. There are conflicting statements in your document regarding ownership of deliverables

The clause on invoicing is a problem as we invoice on completion of milestones and not on a monthly basis. If a milestone happened to complete on the 21st of the month, then by the time we invoice according to the clause, it is already 30 days old.

Termination for convenience is a potential issue

There are also a lot of areas highlighted in yellow in your agreement and I am not sure why. We really need to discuss urgently as our understanding yesterday is that our Master Agreement would be signed and as mentioned in my previous mail, if we now have to get legal teams discussing this agreement it will delay the kick‐off of the project.

Kind Regards, Neville Willemse General Manager Gartner Africa Tel: +27 11 803 4706 Fax: +27 11 803 4705 Mobile: +27 82 570 4997 e-mail: [email protected] Proudly Level 1 B-BBEE contributor with a 168.75 % recognition level

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From: Michael Mavuso [mailto:[email protected]] Sent: 03 February 2015 08:50 AM To: Annalie Frost Cc: Neville Willemse Subject: FW: Gartner Agreement Good day Annalie The attached draft agreement incorporates the terms and conditions of Gartner Agreement sent to us earlier. Kindly have your legal team check it and give us feedback before we finalise it. Regards Michael B Mavuso (MCIPS - MBA) Acting Senior Manager : ICT Category Tel: 012 422 4497 Cell: 082 455 7024 Email: [email protected] Brooklyn Bridge, Linton House Ground Floor, 570 Fehrsen Street, Brooklyn, Pretoria Private Bag X923, Pretoria, 0001, South Africa Please Note: This email and its contents are subject to our email legal notice which can be viewed at http://www.sars.gov.za/Pages/Email-disclaimer.aspx

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From: Annalie Frost <IMCEAEX-_O=GARTNER+20GROUP+20AFRICA_OU=EXCHANGE+20ADMINISTRATIVE+20GROUP+20+28FYDIBOHF23SPDLT+29_CN=RECIPIENTS_CN=ANNALIE@namprd12.prod.outlook.com>

Sent: Wednesday, February 4, 2015 11:43 AMTo: [email protected]; [email protected]; [email protected]; Neville

WillemseCc: Barbara Robertson; [email protected]; [email protected]; Matjie Chuene;

Cheryl-Lee Lagerdien; Cheryl HarrisSubject: RE: Gartner proposal for SARS expenses request included Attachments: 20150204 MCSA January 2015 v1 KH.pdf

Erick and team, see attached the Master Consulting services Agreement with the changes requested by Matjie this morning. Neville is currently looking into accommodating your pricing and payment terms in the statement of work as opposed to the Master consulting services agreement. The MCSA should then be in order for your signatures. Please await Neville’s correspondence on the final SAW changes. Please let me know if anything else is required our end. Annalie

From: [email protected] [mailto:[email protected]] Sent: 04 February 2015 09:50 AM To: [email protected]; [email protected]; [email protected]; [email protected] Cc: [email protected]; [email protected]; [email protected]; [email protected] Subject: Gartner proposal for SARS expenses request included Erick, herewith the amended proposal that reflect your expense request. We are liaising with Ireland already on the SA Law, will revert back to you shortly. Annalie 083 677‐1879

From: Erick Smith [mailto:[email protected]] Sent: 04 February 2015 08:14 AM To: Annalie Frost; Kamogelo Mampane; Michael Mavuso; Neville Willemse Cc: Barbara Robertson; Dan Zulu; Makgama Mahura; Matjie Chuene Subject: RE: Gartner proposal with dual signatories Importance: High

Dear All As you all know SARS has had to go with Gartner’s standard master services agreement, and not the SARS agreement, due to time constraints as the SARS agreement would have to go through a process of negotiation with Gartner Ireland legal team. This is certainly not ideal and attracts considerable risk to SARS as the Gartner agreement is structurally awkward and omits critical clauses which are standard for most commercial agreements used in high-value contracts in South Africa. In addition, there are no governance structures and all dispute resolution matters have to referred to arbitration in the UK and thus subject to the laws of England. This despite the loci contractus and all contractual deliverables and performances being in South Africa. The Statement of Work does, however, define the deliverables in some detail but one aspect which we need to agree on is that SARS will not pay for travel costs outside Gauteng and “other re-imbursable expenses” without prior approval from SARS.

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The agreement will be ready for signature this morning with the Statement of Work. Regards Erick

Erick Smith Acting Group Executive Corporate Legal Services


Office: +27 (0)12 422 5034 Cell : +27 (0)82 321 1189

Fax: +27 (0)12 422 4963



From: Annalie Frost [mailto:[email protected]] Sent: 03 February 2015 04:48 PM To: Kamogelo Mampane; Erick Smith; Michael Mavuso; Neville Willemse Cc: Barbara Robertson Subject: Gartner proposal with dual signatories Importance: High Kamogelo, Erick, Michael, please see attached the version of the proposal that provides for two signatories. Regards, All the best,



Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or

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taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and automatically archived by Mimecast SA (Pty) Ltd, an innovator in Software as a Service (SaaS) for business. Mimecast Unified Email Management ??? (UEM) offers email continuity, security, archiving and compliance with all current legislation. To find out more, contact Mimecast.


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MASTER CONSULTING SERVICES AGREEMENT

This Agreement, dated as of 6 January 2015 (the “Effective Date”), is between Gartner Ireland Limited whose registered office is at Level 4, 80 Harcourt Street, Dublin 2, Ireland (“Gartner”) and South African Revenue Services whose registered office is at Lehae La Sars, 299 Bronkhorst Street, Nieuw Muckleneuk, 0181, Pretoria, South Africa (“Client”), and sets out the terms and conditions for the provision of consulting and/or measurement services to be performed by Gartner for Client (collectively, the “Services”). 1. Scope of Services. This Agreement is applicable to all Services provided by Gartner during the term of this Agreement which Services are set out in a Statement of Work entered into by the parties in accordance with section 2. The actual work to be performed by Gartner in any specific engagement, and the fees to be paid by Client for such engagement, will be set out in the applicable Statement of Work. If there is any conflict or inconsistency between a term in this Agreement and a term in any Statement of Work or other documents referred to or otherwise incorporated into this Agreement, the term in this Agreement shall take precedence, unless the Statement of Work or other document which is incorporated into this Agreement is expressly stated to take precedence over this Agreement. 2. Statements of Work. Statements of Work are documents signed by both Gartner and Client that contain at least the following elements for each engagement: (i) the scope of the Services for the specific engagement; (ii) the deliverables to be provided by Gartner (the “Deliverables”); (iii) the specific responsibilities of Client and (iv) the fees and payment schedule for the Services. The parties may make changes to the Statement of Work in accordance with section 21 of this Agreement. 3. Term of Agreement. This Agreement shall remain in effect until terminated by either party on at least 30 days’ prior written notice to the other party.

4. Term of Statements of Work. Each Statement of Work shall remain in effect until the Services specified in that Statement of Work have been completed by Gartner and are accepted by Client in accordance with section 13 of this Agreement. Each party may however terminate a Statement of Work immediately by written notice to the other if the other party is in material breach of any of its obligations under that Statement of Work and either that breach is incapable of remedy or the other party shall have failed to remedy that breach within 30 days after receiving written notice requiring it to remedy that breach. 5. Effect of Termination. Following any termination of this Agreement, Gartner shall complete, and Client shall pay Gartner for, the Services under all Statements of Work in force as of the effective date of termination. The provisions of this Agreement shall continue to apply to all those Statements of Work. Any termination of this Agreement shall not affect any accrued rights or liabilities of either party, nor shall it affect the coming into force or the continuance in force of any provision of this Agreement which is

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expressly or by implication intended to come into force or continue in force on or after termination. 6. Intellectual Property. (a) Gartner shall retain sole and exclusive ownership of the Deliverable(s), Gartner tools, methodologies, questionnaires, responses, proprietary research and data, software, software documentation and other materials generated, provided or made available by Gartner in the course of performing the Services in each case, whether in hard copy, electronically or otherwise, (the “Gartner Materials”), together with all intellectual property rights in the Gartner Materials. (b) Nothing contained in this Agreement or any Statement or Work shall preclude Gartner from rendering services to others or developing work products that are competitive with, or functionally comparable to, the Services. Gartner shall not be restricted in its use of ideas, concepts, know-how, data and techniques acquired or learned in the course of performing the Services, provided that Gartner shall not use or disclose any of Client’s confidential information, as defined in Section 8. (c) With respect to any measurement Services performed by Gartner, Client acknowledges that (i) the contents of the Measurement Report (as defined in the Statement of Work) and other deliverables are based upon information which is proprietary to Gartner and contained in Gartner’s proprietary database, (ii) the contents of Gartner's database and any copyright or database rights or other intellectual property rights in Gartner's database belong to Gartner solely, (iii) Client’s data will become part of Gartner's database, (iv) Gartner will code any presentation of Client’s data to preserve Client’s anonymity, and (v) Gartner's database will be used by Gartner in future consulting and measurement engagements. Client grants Gartner a worldwide, non-exclusive, royalty-free, paid-up perpetual licence to use Client's data for the purposes set out in this sub-section 6(c). (d) Client shall retain its intellectual property rights in all proprietary materials that Client supplies to Gartner. If Client provides Gartner with materials owned by or licensed to Client (the “Client Materials”), Client grants to Gartner a non-exclusive, royalty-free, paid-up licence to use the Client Materials for the purpose of fulfilling its obligations under each Statement of Work. 7. Use of Deliverables. Subject to the payment in full of the applicable fees set out in the Statement of Work, Gartner grants to Client for internal purposes only a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, display, distribute copies of, and prepare derivative works of the Deliverables. Unless the Deliverable is a Request for Proposal (RFP), Client shall not make the Deliverables available, in whole or in part, to any person outside Client, or quote excerpts from the Deliverables to any such person. Notwithstanding the foregoing, Client may disclose the Deliverables to (i) its external auditors and/or accountants, (ii) third parties who have signed appropriate confidentiality agreements with Client and who are engaged by Client to review or implement suggestions for Client's business (but not for any commercial exploitation) or to further research the issues contained in the Deliverables provided that the confidentiality

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agreement prohibits the relevant third party from using the Deliverables for any other purpose, and (iii) governmental or competent regulatory authority as required by law or regulation. 8. Confidentiality. (a) Each party agrees to keep confidential and not to use or disclose to any third parties unless expressly permitted by this Agreement any non-public business information of the other party learned or disclosed in connection with this Agreement and any Statement of Work, including, in the case of information provided by Gartner, the Gartner Materials (the “Confidential Information”). The obligations of each party with respect to the Confidential Information of the other party shall terminate with respect to any particular portion of that Confidential Information if and when: (i) it is in the public domain at the time of its communication; (ii) it is developed independently by the receiving party without use of any Confidential Information; (iii) it enters the public domain through no fault of the receiving party subsequent to the time of the disclosing party’s communication to the receiving party; (iv) it is in the receiving party’s possession free of any obligation of confidence at the time of the disclosing party’s communication; (v) it is communicated by the disclosing party to a third party free of any obligation of confidence; or (vi) the receiving party has the disclosing party’s written permission. (b) The receiving party may disclose Confidential Information where required to do so by law or by any competent regulatory authority. In these circumstances, the receiving party shall give the disclosing party prompt advance written notice of the disclosure (where lawful and practical to do so) so that the disclosing party has sufficient opportunity (where possible) to prevent or control the manner of disclosure by appropriate legal means. (c)In circumstances where Client wishes to disclose information that is protected by South African tax legislation Client shall inform Gartner of this and Gartner will ensure that its employees, subcontractors and agents who have access to any confidential information of the Client, execute the Client's standard Oath / Affirmation of secrecy attached as Annexure A. (d)All Intellectual Property Rights in any Client-specific information communicated by Client to Gartner in connection with this MCA will remain vested in the Client. For the avoidance of doubt and notwithstanding any other provision of this MCA, the Parties agree that the Intellectual Property Rights in and to Client-specific information communicated by Client to Gartner in connection with this MCA will under no circumstances be transferred to or vested in the Gartner whether under this MCA or otherwise. 9. Warranties. (a) Client warrants that: (i) Gartner’s use of Client's data in accordance with section 6(c) and its use of Client Materials in connection with a Statement of Work does not infringe any copyright, trademark, trade secret or other right of any third party and (ii) in all material respects, Client Materials are true, accurate, complete and not misleading.

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(b) Gartner warrants that: (i) the Deliverables, in the form provided to Client, do not infringe any copyright, trademark, trade secret or other right of any third party and (ii) Gartner’s personnel will use all reasonable skill and care when providing the Services in accordance with the Statement of Work. (c) Except as expressly provided in this Agreement or any Statement of Work, no representation, warranty or condition, express or implied, statutory or otherwise, is given by Gartner and all such representations, warranties and conditions are excluded except to the extent that their exclusion is prohibited by law. (d) Although Gartner has used its reasonable endeavours to ensure that its third party sources are reliable, Gartner shall not be liable, whether in contract, tort or otherwise, for any damage suffered by Client as a result of information provided by third parties and contained in the Deliverables being inaccurate or incomplete. (e) Gartner shall have no obligation to update the Deliverables once they have been delivered to Client. 10. Limitation of Liability. (a) Neither party excludes or limits its liability for fraud or for death or personal injury caused by its negligence or that of its employees, agents or sub-contractors; (b) Subject to sub-section 10 (a), Gartner’s liability to Client under or in connection with this Agreement and each Statement of Work, whether arising from negligence, breach of contract or otherwise, in respect of all the events occurring during any year that give rise to a liability, is limited in aggregate to the greater of: (i) 2,500 Euro and (ii) an amount equivalent to the fees paid by Client under that Statement of Work in respect of that year. For the purpose of this sub-section, a "year" means the twelve-month period commencing on the date of this Agreement and each twelve month period commencing on the anniversary of that date. If the period from the last anniversary of that date until the date of termination of this agreement is less than twelve months, that shorter period shall be deemed to be a "year" for the purpose of this sub-section. (c) Subject to sub-section 10(a), neither party shall be liable to the other party for (i) loss of profits, revenues or contracts, business interruption, loss or corruption of data or (ii) indirect, special or consequential loss or damage, even if that loss was reasonably foreseeable and whether arising from negligence, breach of contract or otherwise.

(d) Except for actions brought by Gartner for payment, neither party may bring an action against the other under this Agreement or any Statement of Work, whether for breach of contract, negligence or otherwise, more than two years after that party becomes aware of the cause of action, claim or event giving rise to the cause of action or claim. (e) The parties agree that the limitations and exclusions set out in this clause 10 are reasonable having regard to all the relevant circumstances, and the levels of risk associated with each party's obligations under this agreement.

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11. Fees and Expenses. (a) Client shall pay the fees specified in each Statement of Work to Gartner in accordance with the payment terms set out in that Statement of Work. (b) The fees due to Gartner in connection with each Statement of Work are exclusive of VAT which shall be paid by Client at the rate and in the manner for the time being prescribed by law, except as required by law. If the Services are subject to any taxes, other than taxes based upon Gartner’s income, Client shall pay those taxes. In the absence of a signed Statement of Work setting out the fees, Gartner shall invoice and Client shall pay Gartner for the services monthly on a time-and-materials basis, at Gartner’s then current rates. (c) Client agrees to pay all reasonable travel and subsistence expenses incurred by Gartner in connection with providing the Services. Out-of-pocket expenses related to travel and subsistence will be invoiced at the actual amount incurred and are not included in the professional fees set out in each Statement of Work. Gartner will invoice monthly for travel and subsistence expenses incurred in the prior month. (d) Client agrees to indemnify and keep indemnified Gartner for all fees incurred by Gartner if Gartner is required to produce document or witness evidence for use in proceedings between Client and a third party in any jurisdiction for all matters arising out of or in connection with the Services or Deliverables. Such fees include, without limitation, fees incurred by Gartner or by its outside Counsel on Gartner's behalf to respond, object to or negotiate the terms of Gartner's compliance with the proceedings together with fees for time spent by Gartner's employees at Gartner's then current consulting rates to respond to the proceedings and all other reasonable out-of-pocket expenses incurred by Gartner, including, without limitation, outside Counsel fees and travel. For the avoidance of doubt, this clause is only operative to the extent that the fees are not met by a third party pursuant to an Order for costs from a Court of competent jurisdiction. (e) Without prejudice to its other rights and remedies, Gartner may charge, and Client shall pay, interest (after as well as before any judgement), accruing daily from the due date to the date of actual payment on any overdue amounts under this Agreement at the rate of 2 per cent. per annum above the base rate of Barclays Bank for the time being in force.

12. Data Protection. In performing its obligations under this Agreement, Gartner and the Client will each comply with the applicable legislation in their relevant jurisdictions and any amendments thereto and replacements thereof, and with subordinate legislation passed under that legislation and with any other applicable data protection legislation. Without limitation to this, Client shall ensure that any disclosure of personal data, whether in relation to Client's employees or otherwise, made to Gartner by Client or on its behalf is made with the data subject's consent or is otherwise lawful. In so far as any disclosure relates to Client's own employee or subcontractor, Client shall notify that employee or subcontractor that Gartner and its affiliates may process that personal data:

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(a) in order to provide Client with the Services, and that Gartner may disclose this data to third parties in so far as it is necessary to provide the Services; and (b) from time to time to inform Client about other products or services which Gartner believe may be of interest to Client, and that if any person does not wish to receive such information from Gartner, then they should contact Gartner at [email protected]. 13. Acceptance of Deliverables. All Deliverables provided by Gartner to Client shall be deemed to be accepted within 15 days after delivery of that Deliverable to Client unless Gartner receives written notice of non-acceptance within 15 days after that delivery. Any notice of non-acceptance must state in reasonable detail how the Deliverables did not conform to the Statement of Work and Gartner shall use its reasonable business efforts to correct any deficiencies in the Deliverables so that they conform to the Statement of Work. Client shall not withhold any payment for Services except for material and substantial non-conformity with the Statement of Work. 14. Employee Hiring. Client acknowledges that Gartner has invested substantial time and expense in recruiting, hiring, training and retaining employees. For the term of this Agreement and 6 months thereafter, Client will not, without the prior written consent of Gartner, solicit or endeavour to entice away from Gartner any employee or agent of Gartner, unless that employee or agent is employed as a result of a response by that employee or agent to a public advertisement placed by Client or on its behalf and where the main purpose of the advertisement is not to solicit that employee or agent. 15. Assignment. (a) Subject to sub-section 15(b), neither party may assign, sub-license, transfer, create a charge over or otherwise dispose of any of its rights or sub-contract, transfer or otherwise dispose of any of its obligations under this Agreement without the prior written consent of the other party which shall not be unreasonably withheld or delayed. (b) Nothing in this Agreement shall prevent or restrict (i) Gartner from assigning, sub-licensing, transferring, creating a charge over or otherwise disposing of any of its rights or from sub-contracting, transferring or otherwise disposing of any of its obligations under this Agreement to any of its affiliates and (ii) each party from assigning its rights to a successor entity acquiring the whole or any part of their business or assets. Any assignment in violation of this Agreement is void. This Agreement shall be binding upon the permitted successors and permitted assigns of the parties. 16. Force Majeure. Subject to the final sentence of this section 16, neither party shall be in default of any obligation under this Agreement to the extent the performance of such obligation is prevented or delayed by a Force Majeure Event. For the purposes of this section, Force Majeure Events include, but are not limited to, fire, flood, explosion, strike, war, insurrection, embargo, government requirement, act of civil or military authority, act of God, or any similar event, occurrence or condition which is beyond the reasonable control of that party. The parties shall take all reasonable action to minimize the effects of a Force Majeure Event. If a Force Majeure Event prevents or delays the performance of a party for 30 days, the other party shall have the right to terminate the

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affected Statement of Work upon written notice at any time before performance resumes. This section 16 does not apply to Client’s obligation to pay the fees and expenses. 17. Publicity. Neither party shall use the name of the other party in any announcements, press releases or advertisements, or for any commercial purpose, without the prior written consent of the other, except that Gartner may name Client in client listings. 18. Independent Contractors. The relationship of the parties is that of independent contractors. Each party, its employees and agents, shall not be deemed to be employees, agents, joint venturers or partners of the other and shall not have the authority to bind the other. 19. No Third-Party Beneficiaries. This Agreement is for the benefit of the parties only. None of the provisions of this Agreement are for the benefit of, or enforceable by, any third party. It is the intention of Gartner and Client that no third party shall have the right to (i) rely on the Services provided by Gartner, or (ii) seek to impose liability on Gartner as a result of the Services or any Deliverables furnished to Client. 20. Entire Agreement. (a) This Agreement, together with the Statements of Work, constitutes the entire agreement between the parties with respect to the subject-matter of this Agreement and supersedes all previous documents and agreements between the parties relating to that subject-matter. (b) Subject to sub-section 20(c), each party acknowledges that in entering into this Agreement and the Statements of Work it has not relied on any representation, warranty or collateral contract or other assurance except those set out in this Agreement. Each party waives all rights and remedies which, but for this sub-section (b), might otherwise be available to it in respect of any such representation, warranty, collateral contract or other assurance. (c) Nothing in sub-section 20(b) limits or excludes any liability for fraud. 21. Amendments. Any amendment of this Agreement or any Statement of Work shall not be binding on the parties unless set out in writing, expressed to amend this Agreement or the Statement of Work and signed by an authorised representative of each of the parties. 22. Severability. If any term of this Agreement or any Statement of Work is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the legality, validity or enforceability in that jurisdiction of any other term of this Agreement or the Statement of Work; or (ii) the legality, validity or enforceability in other jurisdictions of that or any other provision of this Agreement or Statement of Work. 23. Arbitration. Any dispute arising out of or in connection with this MCA or any SA, including any question regarding its existence, validity or termination, shall at the request of either party, be referred to and finally resolved by arbitration under the rules of the Arbitration Foundation of Southern Africa. The number of arbitrators shall be one, to be agreed upon by the parties. If they are unable to so agree within 14 (fourteen) days of the date of the request that the dispute be referred to arbitration, the arbitrator shall be selected and appointed by the Arbitration Foundation of Southern Africa. The seat of the

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arbitration shall be in Johannesburg, South Africa, and the arbitration shall be conducted in the English language. No hearings shall take place anywhere other than Johannesburg, unless the parties agree otherwise. The parties agree that the decision of the arbitrator shall be final and binding. This section is without prejudice to either party's right to seek interim relief against the other party (such as an injunction) through the South African courts to protect its rights and interests. 24. Notices. All notices required or permitted under this Agreement shall be in writing and sent by hand delivery, courier or registered mail, return receipts requested, to the other party’s address set out below. Notices shall be effective upon receipt by the other party. A party may change its address by giving written notice to the other party in accordance with this section 24. If to Gartner: If to Client: Gartner Ireland Limited South African Revenue Services Level 4, 80 Harcourt Street Lehae La Sars, 299 Bronkhorst Street Dublin 2, Ireland Nieuw Muckleneuk, 0191, Pretoria, South Africa Attention: Attention: With a simultaneous copy for the attention of the Contracts Department 25. Governing Law. This MCA and any SA concluded under this MCA shall be governed by and construed in under the laws of the Republic of South Africa. Subject to clause 10(b) above the Parties hereby consent and submit to the non-exclusive jurisdiction of the South Gauteng High Court, Johannesburg in any dispute arising from or in connection with this Agreement. 26. Survival. Sections 5, 6, 7, 8, 10, 11, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24 and 25 shall survive any expiration or termination of this Agreement. The parties have caused this Agreement to be executed by their authorized representatives, to enter in force on the Effective Date.

GARTNER IRELAND LIMITED

Authorised signatory Date

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SOUTH AFRICAN REVENUE SERVICES

Authorised Signatory 1 Date Printed Name and Title Authorised Signatory 2 Date Printed Name and Title Address Telephone No. Facsimile No.

Please return two signed originals of this Agreement to:

Contracts Administration Department

Gartner Ireland Limited

Level 4

80 Harcourt Street

Dublin 2

Ireland

Telphone: +353 1 246 3799

Facsimile: +353 1 246 3720

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