Although McKinsey did not do so, a consortium of companies that it led was eventually appointed.
"McKinsey's submission or proposal was non-responsive and should not have been entertained," said Sedumedi.
Later that year, in August, Singh compiled a memorandum and forwarded it to Molefe. It detailed a conflict of interest between two companies in McKinsey's consortium, Letsema and Barloworld, and advised that Letsema be replaced by another entity.
This was before the contract was awarded to McKinsey's consortium.
Then, in December 2012, Transnet concluded a letter of intent (LOI) appointing the McKinsey consortium as a transaction adviser. Letsema had by this time been replaced by Regiments Capital, a company run by Gupta family associate Niven Pillay.
"It then goes without saying that any person that substitutes Letsema or any member should be put through at least the same process to determine if the McKinsey consortium still meets the requirement of being the best supplier," said Sedumedi.