Daily Dispatch

No disciplina­ry action after municipal boss convicted of fraud

- By ZOLILE MENZELWA

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.

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