Pillay vows to appeal his BCM firing

Suspended Buffalo City Metro (BCM) chief financial officer Vincent Pillay has been fired after a “top secret” report to decide his fate was tabled during a heated closed council meeting on Wednesday.

But Pillay said he would appeal against the decision.

Pillay was suspended in February 2018 following public protector Busisiwe Mkhwebane’s probe into the December 2013 Nelson Mandela funeral scandal.

Mkhwebane found Pillay to have acted in violation of the provision of the municipal supply chain management regulations and policy, when the metro forked out about R6m to transport mourners for the days leading up to the funeral.

Following the damning report, BCM launched an internal disciplinary hearing which also found Pillay guilty of financial misconduct on two charges.

Pillay said he would appeal the matter. The Dispatch has seen a copy of the 28-page judgment signed by a presiding officer named L Vermaak.

Vermaak said Pillay was found guilty of “financial misconduct, in that you grossly negligently breached your fiduciary duty to your employer, failed to perform functions of your office with due care, diligence, good faith and honesty and failed to act in best interest of the municipality”.

Pillay was found guilty of the second charge of financial misconduct in that he “complied with instructions of the ANC to make available R10m” for the purposes of funding transportation for the ANC’s memorial services programme.

“Pillay acted in the interest of the ANC and without regards to interests of the municipality,” Vermaak stated.

While the ruling was made in October, Pillay said Vermaak had to date not communicated the ruling with him.

“I can confirm the city does not have a CFO, but I can’t divulge details as the matter is confidential,” BCM mayor Xola Pakati said on Thursday.

While Pakati was confident about Pillay’s axing, opposition party the DA said the dismissal was “technically wrong”.

“We pulled out of the meeting because we were protesting being given crucial reports just minutes before they are presented in council,” DA caucus chairperson Vaughan Holmes said.

“We did not have enough time to prepare for the Pillay report. When we left, council could not quorate, but we heard that they reconvened the meeting after we left and approved the report,” Holmes said.

The dismissal was approved on the basis that there was already a mover and a seconder for it by the time the DA requested time to caucus. The Dispatch understands that only 45 councillors were left behind following the DA pull-out.

Council speaker Alfred Mtsi said: “I can confirm that the DA pulled out of the meeting and council could not finish its business. There were two reports outstanding.”

Pillay said; “I will wait for the dismissal letter. I will appeal the whole process”.

I can confirm that the DA pulled out of the meeting and that council could not finish its business