PLETTENBERG BAY NEWS - Suspended Bitou Municipal Manager Mbulelo Memani allegedly negotiated a separation agreement amounting to R4,2m, plus R500 000 in legal fees, pending a disciplinary process instituted against him by the council.

Memani was suspended by the new ANC alliance in February and an investigation was launched into his alleged misconduct. 

Findings have since been relayed in a formal report compiled by Musetsho Law, according to which Memani and former executive mayor Dave Swart had allegedly unlawfully amended his contract with the municipality.

The report also referred to Memani's recommendation that the upper limits of Cogta-issued salaries be waived, and Bitou Council's subsequent decision to do so, and to backdate remuneration in favour of beneficiaries who "did not meet the requirements … of the upper limits for maximum remuneration". Leave discrepancies were also ascribed to Memani.

While the report has not been distributed among council members, it has been seen by KPH. According to well-placed sources, Memani's separation agreement was accepted at an in-committee session during a special council meeting on Friday 3 May, while the investigations were still ongoing.

Comment

Former mayor Dave Swart said the item on Memani was presented during an in-committee meeting and they were not allowed copies of any of the documents.

"When the report served in council, we, as opposition councillors, were only allowed 30 minutes to read the report and accompanying documents. This was not sufficient time to even finish reading it properly, let alone interrogate the content, so I am not able to respond to your questions," he said in response to media queries, adding, "I did object and put on record that we did not have sufficient time to consider the report".

Asked to comment on the report, Memani referred KPH to his lawyer, Bulelani Bans. In Bans' response, he copied the municipality's executive mayor, acting municipal manager and legal manager. "We are not officially in possession of any 'Musetsho Law Inc Investigation Report', therefore we cannot comment on any of the allegations in the said report, we do not know the contents thereof."

Bans indicated that "any sort of agreement that may or not have been entered into, in all probability is protected by a non-disclosure agreement (NDA)".

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