Row over boxing match erupts
A storm has erupted between Buffalo City Metro manager Andile Sihlahla and his head of legal services Lulama Zenzile over council’s decision to pay Xaba Promotions R3.4m for a boxing match.
The fight, which was broadcast live on TV, was the fifth anniversary of Ayanda Matiti’s flagship tournament, dubbed “Celebrating Mandela’s life as a boxer” which is hosted every July, Nelson Mandela's birthday month. Xaba Promotions is Matiti’s company.
A cold war between the two started in September when Zenzile crafted a legal opinion that contradicted an earlier one prepared for council stating that the decision to fund Matiti’s event was above board.
In the second report, penned on September 27, Zenzile advised council not to approve the funding as it was based on recommendations from a sports sponsorship committee which had not been properly constituted as councillors were violating Section 117 of the municipal finance management act (MFMA).
The act states that: ”No councillor of any municipality may be a member of a municipal bid committee or any other committee evaluating or approving tenders, quotations, contracts or other bids nor attend to any such meetings as an observer.”
In his second report Zenzile said it was discomforting that seven BCM councillors were involved in determining the sponsorship for the event.
The Dispatch has seen a letter Sihlahla wrote addressed to Zenzile a day later, September 28, accusing Zenzile of misconstruing his mandate as legal services head.
“I have perused the contents of your memorandum and legal opinion dated September 27 regarding this matter, and I noticed for whatever reason, you have completely misconstrued your mandate.
“I must indicate that when you fail to appreciate your mandate, such failure has far reaching implications because your advisory duties in the municipality carries a moral and ethical obligation of having to advise council without fear, favour and prejudice,” said Sihlahla.
He said there was a standing resolution of council, adopted on August 29, where it was resolved that Zenzile’s office should submit an opinion on October 31 if there were issues with the resolution to give the R3.4m to Xaba Promotions, “But if there are no legal challenges, the approval of the aforementioned sponsorship be processed without coming back to council. Strangely you disregarded this resolution,” Sihlahla wrote to Zenzile.
Considering these serious omissions from and limitations of your legal opinion, Sihlahla said, “I must state that I have difficulty in believing that your advice has passed the moral and ethical standard of advising the council without fear, favour or prejudice”.
The report, which was expected to be tabled at Wednesday’s council meeting for discussion, highlights that there are no records confirming that the very sports sponsorship policy crafted in 2013 was ever approved.
I must indicate that when you fail to appreciate your mandate, such failure has far reaching implications