The Herald (South Africa)

Nqwazi to face disciplina­ry action

- Andisa Bonani bonania@theherald.co.za

Suspended Nelson Mandela Bay city manager Noxolo Nqwazi will face disciplina­ry action for alleged serious misconduct.

Nqwazi’s lawyer, Matthew Kemp, had threatened to take the council to court earlier this week if it followed through with disciplina­ry action.

A report and recommenda­tions by mayor Gary van Niekerk were debated behind closed doors at a council meeting yesterday.

Opposition parties slammed the disciplina­ry board’s report and investigat­ion into the allegation­s, saying it failed to address key concerns and lacked accountabi­lity.

Van Niekerk asked the council:

● To note a report of the disciplina­ry board on the allegation­s of gross misconduct against Nqwazi;

● To approve disciplina­ry actions against Nqwazi;

● To serve a set of charges on her in terms of the regulation­s; and

● Submit a copy of an investigat­ion report to the provincial and national treasuries.

Nqwazi is accused of breaching the Municipal Finance Management Act and Municipal Systems Act, while exhibiting gross dishonesty.

She also faces allegation­s of violating the municipal regulation­s for senior managers, with recommenda­tions for disciplina­ry action by the municipali­ty or potential criminal proceeding­s being taken against her.

Nqwazi is accused, among other things, of failing to take adequate measures to prevent irregular, fruitless and wasteful expenditur­e when the city reached a settlement agreement with former economic developmen­t executive director Anele Qaba.

He was later appointed chief executive of the Mandela

Bay Developmen­t Agency.

The council, though, had approved a R3m golden handshake for Qaba earlier in 2023.

Nqwazi could not be reached for comment by the time of publicatio­n.

Advocate Luvuyo Bono, who chairs the city’s disciplina­ry board, briefed councillor­s behind closed doors on an investigat­ion by advocate Mncedisi Simoyi SC.

The disciplina­ry board backed his findings.

According to sources, ACDP councillor Lance Grootboom questioned case laws cited by Bono to justify the decision by the board.

He said a criminal case should be opened against the disciplina­ry board for misleading the council. DA councillor Rano Kayser raised a point of order against Bono for making facial expression­s while others spoke about his report.

Kayser said his body language suggested Bono did not respect them.

He asked Bono whether he had read any documents provided to the board because if he had a different decision would have been made.

EFF councillor Ndumiso Qwazi said the council appointed the board and took a decision that Nqwazi should be investigat­ed.

But, Qwazi said, they did not trust the work done.

DA councillor Retief Odendaal said he was concerned about the advice provided by Simoyi to the board.

He said the city had settled with Qaba because PwC brought a report with proof of how the disciplina­ry board botched the investigat­ion and that it would have to be restarted.

Bono, when contacted, said he presented the report and took councillor­s’ questions.

“The report was well-received by a majority of councillor­s.

“Only about six councillor­s out of the entire council had clarity-seeking questions,” he said.

Nqwazi had previously been placed on precaution­ary suspension during an emergency council meeting on October 20.

However, she returned to work in January because a disciplina­ry hearing had not been initiated within three months of the suspension.

In a letter to Van Niekerk on April 15, Kemp said he had previously written to him raising irregulari­ties he had picked up in Simoyi’s investigat­ion and the disciplina­ry board report.

Kemp said his firm would institute legal action to enforce Nqwazi’s employment contract.

“Alternativ­ely, we will institute legal action for the recovery of all damages suffered by our client arising from the breach of her employment contract.”

He said they would seek punitive costs against the municipali­ty, Van Niekerk and any councillor­s behind the decision in their personal capacities.

 ?? See report, more council news on Page 4 Picture: EUGENE COETZEE ?? MAYOR MAYOR: DA councillor and former Bay mayor Retief Odendaal, left, addresses the council yesterday. A motion of no confidence in the man who succeeded Odendaal as mayor, Gary van Niekerk, right, was postponed again.
See report, more council news on Page 4 Picture: EUGENE COETZEE MAYOR MAYOR: DA councillor and former Bay mayor Retief Odendaal, left, addresses the council yesterday. A motion of no confidence in the man who succeeded Odendaal as mayor, Gary van Niekerk, right, was postponed again.
 ?? ?? FIGHTING BACK: Nelson Mandela Bay city manager Noxolo Nqwazi
FIGHTING BACK: Nelson Mandela Bay city manager Noxolo Nqwazi

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