Prosecutor to tackle City manager probe

DISCIPLINARY action will be instituted against a senior manager at the City of uMhlathuze for failure to exhaustively spend the Municipal Infrastructure Grant (MIG) on pressing service delivery projects.

At a special Executive Committee meeting on Thursday, Councillors approved the appointment of an external prosecutor to preside over disciplinary hearings against Deputy Municipal Manager: Infrastructure and Technical Services, Sifiso Mdakane.

This after Municipal Manager Dr NJ Sibeko appointed Advocate TG Madonsela on 27 August to investigate allegations of misconduct against Mdakane, who had been placed on precautionary suspension in the interim.

Councillors agreed that ‘disciplinary action was warranted’ following Madonsela’s investigation into a memorandum filed by Councillor RM Zikhali against Mdakane.

At the crux of the allegations is Council’s failure to utilise MIG funding despite undertakings by Mdakane of a 100% spend for two consecutive financial years.

During 2011/12, the municipality was allocated over R71-million, but at the end of that financial year, only approximately R48.6-million was spent. This represents 68.1% expenditure of the MIG funding.

During the 2012/13 financial year, the municipality was allocated over R86-million, but as a result of the carry over of R22.8-million from the previous year, the total MIG funding amounted to over R109-million. As at the end of the financial year (25 June 2013), just over R44-million had been spent, representing a mere 40.04% expenditure of the grant.

However, the disciplinary proceedings are set to open a can of worms and Mdakane is not expected to go down without a fight.

Last month the Zululand Observer published excerpts of Mdakane’s response to the allegations through attorneys Nkosi Shoba Incorporated where reports of direct political manipulation into municipal administration were claimed.

‘We have it on record that the ANC Chairperson for the Musa Dladla region, Cllr Thulani Mashaba, had on several occasions indicated that if there is a problem of removing people in uMhlathuze who are not performing, they will take a political decision to effect such an action,’ said Mdakane’s legal response.

‘These allegations were well planned, connived and masterminded by Cllr RM Zikhali in collusion with the accounting officer and Deputy Municipal Manager: Corporate Services, M Ndlovu.’

The Inkatha Freedom Party earlier this month submitted a motion calling for an investigation into the allegations levelled against Mashaba, Ndlovu and Dr Sibeko.

‘If the allegations are true, it will bring the municipality into disrepute. It is not our job to provide evidence as per requested by the municipality, but should be the responsibility of an independent investigator,’ said IFP uThungulu District Organiser, Mkhonzeni Mthethwa.

27 SEPTEMBER

MEC called to investigate City woes

THERE has been renewed calls for KZN MEC of Cooperative Governance and Traditional Affairs Nomusa Dube to conduct an urgent enquiry into allegations of incompetence against senior officials at the City of uMhlathuze.

This after a motion calling for an investigation into the actions of some top officials was dismissed through a majority Council vote.

The motion, tabled before a special Council meeting, requested a probe into allegations against Municipal Manager, Dr NJ Sibeko, Deputy Municipal Manager: Corporate Services Mbali Ndlovu and ANC Musa Dladla Chairperson Thulani Mashaba.

The individuals had been implicated in a legal response by City Deputy Municipal Manager: Infrastructure and Technical Services, Sifiso Mdakane, who was placed on suspension pending the outcome of an investigation into allegations of misconduct last month.

This included allegations of collusion between Mashaba and City senior management to remove staff as well as political coaxing to hire preferred contractors.

DA Member of Provincial Parliament George Mari said the situation at uMhlathuze was far from ideal as the municipality needed a ‘full and capable management team if it was to function effectively’.

‘Several months ago, the DA called on KZN COGTA’s HOD to intervene and an official was subsequently sent to the municipality to investigate.

‘The representative, Lionel Pienaar, reported back to me advising that the dispute had been sorted out,’ Mari said.

‘Clearly this is not the case. The DA is still waiting for Pienaar’s report, which was promised more than a month ago. If officials are found lacking, they must be dismissed and order must be restored with the appointment of replacements,’ added Mari.

However, COGTA spokesperson Lennox Mabaso said the department would not intervene in normal labour relations practices at a municipality.

‘There are a couple of factors that determine a crisis in a municipality, one of which is when a municipality cannot deliver on services or there are serious issues of maladministration and financial viability.

‘All of these critical functions are being performed adequately by this municipality. If there are disciplinary proceedings, it must be conducted procedurally and concluded speedily,’ said Mabaso.

uMhlathuze spokesperson Vukile Mathabela confirmed that a motion was procedurally tabled at Council last month, debated and then dismissed through a Council vote.

‘We are very concerned that there are people who are hell bent on creating an impression that this well run municipality has a crisis. It is unfortunate that when people lose debates in Council, they seek other platforms to fight further,’ said Mathabela.

12 SEPTEMBER

We are not bullies – ANC

THE ANC Musa Dladla region has categorically dismissed allegations of political interference by its chairperson Thulani Mashaba in the City of uMhlathuze’s affairs.

At a special media briefing in Empangeni on Wednesday, the party said recent reports in the media suggesting that its leaders ‘bully mayors and officials’ were seen as an ‘attempt to drag the name of their regional chairperson through the mud’.

Last week, the Zululand Observer published excerpts of a legal response by City Deputy Municipal Manager: Infrastructure and Technical Services, Sifiso Mdakane, who had been placed on precautionary suspension pending the outcome of an investigation into allegations of misconduct.

However, the response through attorneys Nkosi Shoba Incorporated, revealed shocking claims of direct political manipulation of municipal administrative affairs.

This included, among others, alleged collusion between Mashaba and senior City management to remove staff as well as political coaxing to hire preferred contractors who are huge funders of the ANC.

‘We don’t interfere in the administration of the municipality, but the Councillors are our ‘deployees’,’ said ANC regional secretary Siboniso Xulu.

‘We talk to them from time to time, but do not interfere with employment processes. We don’t hire and fire people. It is the Councillors who do that.

‘We do not bully mayors and officials. Nothing has been raised within the ANC regarding these allegations. We will not interfere in the processes. Let the municipality handle it. If there are allegations that money has been deposited to the ANC, we need proof,’ added Xulu.

ANC Youth League regional secretary, Philani Mthethwa, said while the party received donations from businesses, no promises of benefit were made in any way.

‘Tender processes are governed by supply chain management systems. No individual dictates. Even if the President said ‘give this tender to a particular person’, it cannot happen. There are no untouchables in the ANC,’ added Mthethwa.

Letter

The party also used the media briefing to distance itself from a scathing letter attacking the regional leadership which has been circulating on social media platforms this week.

‘This is a political attack on the head of the region and we view this as one of the tactics to derail us from the 2014 election campaign.

‘We will not lose our focus. There is no division within the ANC. We will not respond to something that comes from faceless people,’ said Xulu.

5 SEPTEMBER

Senior City suspension opens can of worms

ALLEGATIONS of political interference at the City of uMhlathuze have fingered top ANC heavyweights as the ‘masterminds’ who are said to be pulling the strings when it comes to removal of staff and hiring of contractors at the municipality.

This surfaced at a special sitting of the City’s Executive Committee on Wednesday where Deputy Municipal Manager: Infrastructure and Technical Services, Sifiso Mdakane, was placed on precautionary suspension pending the outcome of an independent investigation into allegations of misconduct.

The inquest follows a memorandum filed by Councillor RM Zikhali against Mdakane, which first surfaced at Council last month.

The allegations include, among others, Council’s failure to utilise municipal infrastructure grant funding on urgent service delivery matters despite undertakings by Mdakane for two consecutive financial years.

However, in Mdakane’s response to the allegations through attorneys Nkosi Shoba Incorporated, claims of direct political manipulation into municipal administration were revealed.

Council heard how three ANC meetings in the region were convened where the allegations against Mdakane reportedly first surfaced.

‘These meetings attacking our client and his managers are not legal and have no space in the way local government is managed or should be managed,’ said the response.

‘We have it on record that the ANC Chairperson for the Musa Dladla region, Cllr Thulani Mashaba, had on several occasions indicated that if there is a problem of removing people in uMhlathuze who are not performing, they will take a political decision to effect such an action.

‘He further asked whether the Municipal Manager, Dr NJ Sibeko, had his hands tied up to act. We therefore believe this meeting was about giving effect to the well planned programme of removing and or setting the scene of removing our client from the municipality.

‘These allegations were well planned, connived and masterminded by Cllr RM Zikhali in collusion with the accounting officer and Deputy Municipal Manager: Corporate Services, M Ndlovu,’ said Mdakane’s legal response.

Contractor

More shocking claims in the response indicate that Mashaba and Sibeko reportedly advised Mdakane to contract a company used at Newcastle municipality to manage the projects for the City of uMhlathuze.

‘It was indicated to our client that this gentleman is a comrade and does funding for the ANC on a big scale. As this process continued, there seemed to be problems in implementing this arrangement. This caused serious problems for Mashaba, who asked why it was taking too long to have this company appointed.’

There was subsequent heated debate from opposition parties, who questioned why allegations made of any political motive would not be considered by the Council at this stage.

‘The processes of Council must proceed free from any political contaminations and insinuations. Therefore Council is not in the position to respond to any allegations of political motive,’ said the Council report.

uMhlathuze spokesperson Vukile Mathabela said the City would not comment on the matter pending the outcome of the investigation.

‘This matter is a sensitive one as a person is innocent until proven guilty. We urge everyone to respect this process and to not pre-empt the outcome of the process.’