War between BCM bosses
AWAR of attrition appears to have erupted within Buffalo City Metro involving executive mayor Zukiswa Ncitha and municipal manager Andile Fani.
The Mandela memorial fraud case, in which Ncitha is an accused, and allegations against Fani involving the removal of a tender box and metro spending, are at the heart of the dispute.
Yesterday, Ncitha and council speaker Luleka Simon-Ndzele approached the Grahamstown High Court for an urgent interdict against Hawks investigators including Captain Luphumlo Lwana, the investigating officer in the Mandela memorial fraud case.
Lwana allegedly threatened “traumatised” metro officials with arrest if they did not hand over documents he said were required for a criminal probe.
The court application, which also seeks to interdict the provincial head of the Hawks, Colonel Wendy Mashwabane, was postponed for a hearing on Tuesday. BCM wants the court to order the Hawks to release recordings and minutes of the April 29 council meeting seized this week, and to interdict Lwana from threatening municipal employees with arrest.
The seizure followed Ncitha’s issuing of a letter of intent to suspend Fani over the alleged removal of a tender box and a national Treasury investigation into the metro’s spending.
Fani saw the letter as intimidation and alleged that Ncitha was interfering with the investigation into the Mandela memorial fraud case, in which he is a key witness. Ncitha is one of 10 accused in the case.
Fani approached the police to investigate Ncitha’s letter of intent to suspend him, a move which was confirmed by national Hawks spokesman Brigadier Hangwani Mulaudzi, who said Fani viewed the notice to suspend as “interference or intimidation of him as a witness in the case against the mayor”.
Mulaudzi said the Mandela case prosecutor Diniso Ketani “has notified the defence of his intention to approach the court to withdraw or amend the bail conditions”.
Simon-Ndzele said in an affidavit submitted to the high court that following Dispatch reports about alleged irregularities surrounding Fani, Ncitha was obliged to report the allegations to council.
On April 29, the council decided there was reasonable cause that Fani had committed misconduct but that he should be given an opportunity to state why he should not be suspended.
The minutes of the meeting have not yet been approved by council and are still regarded as confidential in terms of metro procedures.
Simon-Ndzele said in her affidavit, filed in court yesterday, that BCM chief financial officer Vincent Pillay had gone on sick leave because of the stress of being contacted by the Hawks and threatened with arrest.
Director of corporate services Bob Naidoo was “bullied” and threatened with arrest for obstruction of justice if he did not hand over “council minutes and verbatim records”.
Director of executive support Ncumisa Sidukwana was terrified after being threatened with arrest if she did not hand over information to Lwana.
Approached for comment about Fani approaching the Hawks, BCM spokesman Keith Ngesi said the matter was between the employee and employer. “The city manager was issued a letter of intention to suspend and we can confirm that. What happens between the intention to suspend and the finality of the matter is between the city manager and the council.”