Judge rules on water board

THE Pietermaritzburg High Court has ruled that Water Affairs Minister Nomvula Mokonyane’s decision to extend the term of office of the Mhlatuze Water Board, whose chairwoman is Dudu Myeni, was invalid and must be set aside.

Judge Yvonne Mbatha was dealing with the case brought by suspended Mhlathuze Water chief executive Sibusiso Makhanya against Mokonyane, Myeni and the other members of the Mhlatuze Water Board.

The judge also ruled that the decision by the board to pursue disciplinary proceedings against Makhanya was invalid and must be set aside.

However she ordered that both rulings be suspended for 180 days to allow the minister to appoint a new board.

She also said the disciplinary process against Makhanya must be finalised by the end of January next year.

It is also unlikely that Myeni will be out in the cold as she was recently named the transitional chairwoman of the amalgamated provincial water board, which will be formed when the Mhlathuze and Umgeni Water boards are merged.

Makhanya was suspended last November after a forensic audit investigation made preliminary findings regarding allegations made against him, including tender irregularities.

Makhanya, who has denied any wrongdoing, challenged his suspension on the grounds that the board that resolved to suspend him had not been lawfully constituted, alternatively that his suspension was irregularly carried out and was owed to Myeni’s ulterior motives.

He argued that the terms of office for the board members had expired in February last year, but were extended indefinitely by Mokonyane pending the amalgamation of the boards.

The other issue was that Myeni had also served the maximum period of three terms as a board member.

In her court papers, Myeni said there were serious allegations against Makhanya, including tender irregularities, and that the chief executive was attempting to besmirch her name by making “vexatious” allegations against her.

Judge Mbatha agreed that the comments made about Myeni were “irrelevant” to the case, and granted an application to “strike out” the offending paragraphs from Makhanya’s court papers.

Regarding the extension of the board’s term of office, Judge Mbatha said the schedule of the Water Services Act governed the board’s terms and was aimed at stipulating the time-frames that members could serve.

Interpretation

“It is clear that the legislature did not want to be secondguessed on the terms of office of the board members. The interpretation (of the act and schedule) by the respondents (Myeni and the board) will result in absurdity and will subvert the purpose of the act.”

She said that if the terms of office were extended indefinitely, Myeni would serve more than the stipulated period set down by the legislature.

Explaining the decision to suspend her rulings for 180 days, the judge said that given the water challenges facing the country, it would be against the interests of the public to have a “headless institution”.

“The board must continue with the performance of its duties. On the other hand, it is imperative that the first respondent (Mokonyane) expedite and finalise the process of appointing a new board.”