Court ruling paves way for Fani to clear name
AXED Buffalo City Metro municipal manager Andile Fani yesterday vowed to go after city officials in a bid to clear his name following a scathing ruling by a full bench of Supreme Court of Appeal (SCA) judges on Friday.
Fani was suspended and subsequently fired by the metro after it accused him of flouting the Municipal Finance Management Act by appointing Cape Town-based Asla Construction (Pty) Ltd without following proper procurement procedures.
The 2014 contract was for the construction of lowcost housing in Reeston for the benefit of Duncan Village shack dwellers at a cost of R74-million.
The contract was set aside by the Grahamstown High Court which, in August, ruled it invalid and unlawful. Asla appealed.
SCA judge Kevin Swain on Friday found the high court had erred in its ruling, which he then set aside.
He said Grahamstown High Court judge Elna Revelas had failed to properly consider the nature and extent of the prejudice to be suffered by the Duncan Village shack dwellers and the broader public interest by setting aside the contract.
Swain said there was no satisfactory explanation from BCM as to why it took 15 months from the date the contract was awarded to seek an order to review it instead of the maximum 180 days allowed under statutory law.
The high court had based its decision on hearsay evidence, he said, referring to a forensic report presented to BCM in October 2015.
The external auditor, one “Ms York”, appointed by BCM, had compiled her report based on documents provided by BCM, as well as interviews with employees. But documents relied upon in formulating her views were not annexed to her affidavit.
Swain ordered that Asla’s appeal was successful and that BCM pay the cost of two Asla counsels.
“I do not want to be reinstated, my contract has ended,” Fani said. “I have instructed my lawyers to make sure BCM clears my name.”
BCM spokesman Sibusiso Cindi did not respond to a request for comment yesterday.