Dudu in the sights of suspended water board boss
After an initial victory, the suspended chief executive of the Mthlathuze Water Board is gearing up for another round in the battle for his job. This time he is zooming in on the board’s chair, Dudu Myeni.
Sibusiso Makhanya wants several nasty “averments” contained in his drawn-out legal battle with the water board to be properly considered by a court. This was after Judge Yvonne Mbatha last November ordered those allegations be struck out of evidence, having considered an argument that they were scandalous and only good for selling newspapers.
One of the struck-out averments made by Makhanya was that Myeni had “ulterior motives” for suspending him. In his application for leave to appeal, filed on January 18, Makhanya argues that the court “erred” in its decision not to consider multiple claims about Myeni’s conduct, which he had made in his application to set aside his suspension.
Makhanya challenged his suspension for misconduct on various grounds, including that Myeni’s appointment as chair of the water board was unlawful because she had already served the maximum of three four-year terms; that the board’s term was irregularly extended by Water Affairs Minister Nomvula Mokonyane; and that the board had failed to follow due process in suspending him pending a disciplinary hearing.
Although he was successful when the court granted an order that was substantially in his favour, Makhanya seems intent on having the merits of his allegations against Myeni ventilated in open court.
At the heart of this new legal battle lies the claim that Myeni called him in July
2015 to advise him of certain “nefarious” allegations that had been made against him.
In telling him that an investigation would have to be conducted, Myeni allegedly added:“Ukuthi wena Makhanya awungidlisi kanti abanye o CEO bayadlisa or Chairperson babo [It is because you Makhanya are not feeding me when other CEOs are feeding their chairpersons].”
This, he claims, meant she expected him to abuse his powers to manipulate tenders for her benefit.
Makhanya wants the court to consider several other claims he made in his original court application:
.ZFOJµT ²UZSBOOJDBM DPOUSPM³ over the functions of the water board;
5IBU TIF TPVHIU UP JO¾VFODF the irregular awarding of tenders and the appointment of staff;
5IBU TIF DBMMFE IJN B OVNCFS of times to instruct him to create a post for a third party to handle “corporate functions”, which he didn’t believe was justified; and