To paraphrase one of Shakespeare’s most tragic heroes, King Lear, when it comes to the internal case of eThekwini City Manager Sipho Nzuza,
“Nothing has come of nothing”.
Nzuza was suspended by the full eThekwini Council six months ago for a period of three months. He was not suspended for the matter that led to his arrest, but rather for the alleged irregular appointment of a consulting company.
Although the law only allows for a suspension period of three months, Nzuza negotiated a further three months leave with Mayor Mxolisi Kaunda. This leave was endorsed by Council as a last resort.
The leave expired this week and jaws hit the floor as Nzuza arrived back at City Hall on Monday, refusing to take any further leave.
The Regulations for the Discipline of Senior Managers are quite clear: Council can suspend a municipal manager for three months to conduct an investigation. That investigation must be completed within 30 days for the Council to make a decision.
This has not happened.
The reality is that the ball has been completely dropped and that the municipality has no grounds left to not allow Nzuza back to work. This is because the investigations that should have been completed have not been completed and there are no legal avenues left to keep Nzuza away from City Hall.
Nzuza’s charges relate in part to supply chain management issues. His bail conditions preclude him from being involved in any SCM process. By its very nature, the municipal manager role is that of an accounting officer.
The Municipal Finance Management Act and the municipality’s own SCM Policy designate extensive responsibility to the accounting officer when it comes to awards, tenders and related processes.
At Wednesday’s Council meeting, the Democratic Alliance motivated for the Council to formally delegate all SCM powers and functions from the City Manager to the Chief Financial Officer, Krish Kumar. This was voted down by the ANC.
The Mayor and the ANC seem to think it is a better idea to negotiate with Nzuza as to who should take over his duties via his delegation. The idea that Nzuza- and not the Council- would be entrusted with this responsibility is utterly absurd.
Nzuza’s justification is that he has no incentive to breach his bail conditions.
What Nzuza claims his plans are is frankly immaterial. As the DA, our priority is ensuring that the city’s finances and procurement policies are not compromised more than they already are. This cannot be a negotiated settlement with Nzuza himself.
It is clear that the ANC in eThekwini is not serious about resolving issues around fraud and corruption within the municipality. Nzuza’s co-accused, SCM official Sandile Ngcobo, is back at work, and so too was Robert Abbu until his recent retirement.
A progress report only seemed forthcoming once everyone realised that the leave had lapsed and that the City Manager had strolled back into City Hall.
This matter should have received urgent attention and the Council should have agreed to the DA’s recommendation to keep Nzuza away from any tender or SCM process.
The DA will continue the fight to get eThekwini back on the right track amidst total ANC chaos. The 2021 election gives the residents of eThekwini the opportunity to do the only real thing that will save this city- get rid of the ANC and vote for a better future.