Pressure is intensifying on the eThekwini Municipality as MEC for Co-operative Governance and Traditional Affairs Thulasizwe Buthelezi demands explanations for numerous allegations of fraud and corruption made against the metro by whistle-blowers.
In a letter, Buthelezi has instructed the mayor to address the allegations within 14 days.
Dated September 3, the letter is expected to further pressure the City, which is already grappling with challenges and has sought intervention from experts to address its issues.
Shortly after he was appointed to the portfolio, Buthelezi reintroduced the section 154 intervention that is looking into the state of the municipality. The first attempt to introduce the team of experts was blocked by ANC councillors who argued that proper processes had not been followed.
However, the work of this team had been thrown into doubt after the National Treasury warned against the section 154 intervention, saying there was already a presidential working group brought in to attend to the City’s service delivery challenges.
Provincial Cogta vowed to assert its authority and is consulting its lawyers about the National Treasury’s assertion.
Additionally, “The Mercury” reported last week on the tensions among senior managers that are derailing service delivery.
The business community has also criticised “incompetent” officials, accusing them of undermining the efforts of the presidential working group.
Reacting to the latest ultimatum from the Cogta MEC, City councillors said the letter was an indication that there was deep rot in the metro, adding that anyone implicated in wrongdoing should face the consequences.
In his letter, the MEC told the metro that he is obliged by law to act.
“The KwaZulu-Natal Department of Cogta is in receipt of correspondence from various whistle-blowers, wherein allegations were made relating to fraud, corruption and maladministration and or statutory non-compliance in eThekwini Municipality.”
The letter showed that the allegations were coming from a variety of quarters, including forensic investigations companies, lawyers, a labour union, security and risk management companies, all alleging one or the other form of malfeasance.
Buthelezi’s letter said: “Although the eThekwini Municipality may have received the allegations, as the MEC responsible for local government, I am compelled to act in accordance with section 106 of the Local Government Municipal Systems Act 32 of 2000.”
He said this section stated that if the MEC had reasons to believe that a municipality cannot or does not fulfil a statutory obligation binding on that municipality, or that maladministration, fraud, corruption or any other serious malpractice has occurred or is occurring in the municipality, the MEC must, by written notice, request the municipal council or municipal manager to provide the MEC with information required in the notice.
“I therefore felt incumbent on me to request that you provide me with the report in respect to the allegations made,” said Buthelezi. In his letter, the MEC requests that the City respond to specific questions, including whether it is aware of the allegations, what actions the mayor and city manager have taken to address them, whether the council has been informed and the status of any investigations into these allegations.
The MEC also demanded to know if any of the allegations have been referred to the law enforcement agencies for further investigations.
The letter warns the City to: “Kindly provide a response to the allegations within 14 days.
“You are urged to treat this matter with confidentiality and ensure the protection of whistle-blowers so as not to compromise any future investigations, noting further that the City’s integrity unit and the office of the city manager is implicated,” it said.
Councillors expressed concerns about the allegations of infighting and the letter from the MEC.
Jameel Essop of the ACDP, speaking on the infighting, said it seemed those who are trying to tackle corruption in the City are being targeted by those implicated in acts of wrongdoing.
Essop said those implicated in wrongdoing should face the consequences of their conduct.
“The municipality has faced difficult times, the case against former mayor Zandile Gumede is an indication that the municipality is captured in the way described in the Zondo Commission.
We have to get rid of officials that are implicated in corruption.”
DA councillor Thabani Mthethwa said the party has always been concerned about the state of collapse in the municipality, which is why he has tabled a motion for the dissolution of the municipality.
“On the MEC’s remarks, we’ll wait until we see that report and act accordingly but consequence management is on top of our list. Those found to have engaged themselves in corruption must be fired.”
The mayor’s spokesperson, Mluleki Mntungwa, said they had responded to Buthelezi’s letter but they are not at liberty to speak publicly about the responses.
The Mercury