Nqwazi to face disciplinary action
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.