The DA in uMshwathi Local Municipality has submitted a motion to the Municipal Speaker, Sibongile Mbatha-Ntuli, to request an urgent independent investigation into a senior manager and ANC councillor following a recording implicating them in financial misconduct.
We have in our possession a voice recording of a senior manager and an ANC ward councillor who seem to have breached the provisions of the respective codes of conduct applicable to them. The recording contains serious implications of financial misconduct and misappropriation of funds.
At a full council sitting on 25 August 2022, a motion was tabled with regards to this apparent breach of legislations . However, in true ANC style, the speaker of the house made a ruling without allowing council to deliberate on this. Even worse, was their response of not having any knowledge of the audio recording nor its circulation.
The Democratic Alliance then asked for:
• A full investigation into this misconduct be carried out as early as possible;
• Incumbents be suspended with immediate effect pending the outcome of the investigation; and
• Report to be submitted to full council.
Schedule 7 of the municipal structures Act (Code of conduct for councillors), item 2 of schedule 2 of the municipal systems act (code of conduct for staff members) both seem to have been contravened.
The MFMA has seemingly also been transgressed in that once the municipal budget has been approved by council, NO movement of funds between the votes is possible without council approving an adjustment budget, in terms of section 28 of the MFMA. Only the mayor is authorised to table an adjustment budget before council for consideration.
The MFMA is quite clear as to disciplinary procedures regarding any unlawful activities between officials of the municipalities and political office bearers.
The speaker did not accept the recommendation to suspend the people in question, pending an investigation.
After a strong stand against the ruling of the Speaker, we were allowed to submit an attachment to our motion and therefore on recommendation of the full council that this matter be subject to an independent investigation, and for a full report of findings to be presented to council and for council to take a decision, which is rightfully their decision to do so.
We will closely monitor these proceedings and will continue to expose these fraudulent activities and intentions to collapse service delivery in our municipality.
One thing that is very clear is that the Mayor is not in charge, as this recording clearly highlights the disrespect that his own caucus members display towards him.
We will push for the MEC of COGTA to intervene also through our political structures and make sure that these apparent instigators of fraud are brought to book.
Also of serious concern is that this Senior Manager will be reinstated in his role of Community Services General Manager, as the Section 56 managers are currently going through shortlisting on the new advertising work cycle.
The senior manager as well as the Councillor are both from the ANC and there is a clear indication that they are both being protected by the Speaker and ANC political bearers.