No disciplinary action after municipal boss convicted of fraud
SEVEN months after being convicted on three counts of fraud, Senqu local municipality municipal manager Mxolisi Yawa is still serving in his position.
Yawa, 44, was convicted along with his personal assistant Octavia Bambilawu, 28, her mother and business partner Elza, 60, and former CFO Chris Venter, 53. The four will be sentenced on February 6 in the Komani Magistrate’s Court.
On the period between conviction and sentencing, the Criminal Procedure Act 51 of 1977 Section 309 states that a convicted person can be suspended by an employer in terms of the employment contract, which means Senqu council has the authority to decide whether to suspend Yawa.
Yawa and Venter were convicted of fraud and of violating the Municipal Finance Management Act.
Bambilawu and her mother were found guilty of fraud for having entered into a fraudulent deal with the municipality.
Municipal spokesman Pheello Oliphant said Yawa had been acquitted on 19 counts of theft and 19 counts of money laundering, and that the four planned to appeal their conviction on the basis that the magistrate had erred in his judgment.
He explained that while Yawa had been placed on special leave after his conviction, after seeking legal advice council had decided to rescind this decision.
This is despite Section 57(a)(3) of the Municipal Systems Act which states that “where the alleged transgressor is found guilty of financial misconduct after the disciplinary proceedings, he or she may not be re-employed in any municipality for a period of 10 years”.
Yawa pretended to be living 120km from work when he lived less than 60km away, the court found. Yawa asked to be booked in for two months at Keziah Accommodation and Conference owned by the Bambilawus from August 1 2011.
The municipality duly approved the application after Venter authorised payments for Yawa’s stay.
Venter then extended Yawa’s stay by four months. Oliphant said the accommodation costs for Yawa had been condoned by council.