Mbhashe councillors try to silence their own disciplinary board
Just weeks after the Mbhashe municipality sanctioned an independent “disciplinary board” to delve into a R106m plant machinery tender, the council backtracked and attempted to halt the board’s operations.
This was after the board recommended that a number of senior officials be suspended for alleged involvement in irregular awarding of the tender.
The decision to “halt” the board was made at a council meeting on Wednesday. Council also resolved to “rescind” the board’s terms of reference.
The troubled council also postponed — indefinitely — the tabling of the board’s damning report, which was seen by the Dispatch. It recommended action be taken against six officials implicated by the Special Investigative Unit (SIU) in wrongdoing relating to awarding of the multimillion-rand contract in 2015.
This latest development comes after ANC councillors Pumzile Mamba and Pakama Kondile successfully tabled the motion meant “to halt the disciplinary board and rescind its terms of reference”.
In a motion titled: “Motion to halt the disciplinary board and to rescind its terms of reference,” Mamba wrote: “With reference to resolution of the council meeting held on November 21, council took resolution that the board has been requested not to table its report to council, as council needs to be capacitated with roles and responsibilities of the board, looking at the gaps, and to revise roles and responsibilities of municipal public accounts committee (MPAC) as MPAC itself performs related duties as this board (sic).”
It was seconded by Kondile, and adopted by council.
Municipal spokesperson Ncebakazi Kolwane said the disciplinary board, chaired by former justice spokesperson Mthunzi Mhaga, was established in June as “an independent advisory board that assists council” in probing “allegations of financial misconduct”.
A fortnight ago, the Dispatch reported that the SIU report found that the Mbhashe municipality gave Kwane Capital (Pty) Ltd a rent-to-buy plant machinery tender despite it submitting a fraudulent tax clearance certificate in its bid.
Three other companies had quoted the municipality between R64m and R72m, with all their accompanying documents in order, but the bid adjudication (BAC) and bid evaluation (BEC) committees ignored these and gave Kwane Capital’s R106m a thumbs-up.
The SIU found Kwane Capital’s bid was “fraudulent” and should have been disqualified. It blamed six officials part of BAC and BEC at the time.
Mayor Samkelo Janda later took the SIU report to Mhaga’s board, which recommended municipal manager Mkhululi Nako, former acting CFO Vuyo Jam Jam, and project manager Chuma Makonza, be placed on precautionary suspension ahead of a recommended internal probe into the debacle.
Nako was a strategic manager at the time.
Mhaga’s board also recommended that junior staffers — special programmes unit officer Themba Manci, tourism officer Sibaca Mbeko and community services officer Mzimasi Dyomfana — should face a disciplinary inquiry.
However Mhaga ’ s report was never tabled because a majority of ANC councillors objected to this happening at a council meeting two weeks ago.
Kolwane said: “I would like to denounce the allegation that the motion was intended to prevent the committee from tabling its report, with recommendations against those implicated in the SIU report. The issue was in terms of reference for the disciplinary board.”