Update

PLETTENBERG BAY NEWS - Embattled Bitou Municipal Manager Mbulelo Memani has seven days to say why he should not be suspended from his post.

This follows an in-committee special council meeting on Wednesday 30 July.

Key to this development are questions surrounding the repayment of R4,2m mutual severance agreement Memani received.

Bitou Mayor Jessica Kamkam confirmed that the council resolved to initiate a disciplinary process against Memani “in strict accordance with the Local Government: Municipal Systems Act and the Disciplinary Regulations for Senior Managers”.

The decision was taken in a closed session of council, and while the matter remains confidential at this stage, Kamkam confirmed that due process was underway.

Mandatory
Kamkam said in a statement: “As per legislative requirements, Mr Memani has been issued with a notice requesting written reasons within seven days as to why he should not be placed on precautionary suspension. This is a mandatory step that must be followed prior to any such decision being taken.”

The Plettenberg Bay Ratepayers and Residents Association, in a statement issued on 30 July, also questioned Memani’s continued employment at the municipality. It said Memani’s presence as municipal manager is “inexplicable”.

In response to the Ratepayers, Kamkam said council was following the proper legislative process. “Any decision on suspension will be taken after Mr Memani has responded to the notice.”

She also said council is considering referral of relevant matters to appropriate oversight institutions such as the Municipal Public Accounts Committee (MPAC), the Auditor-General, and the MEC for Local Government, should legal grounds warrant such intervention.

Writ of execution
A high court ruling on 18 October 2024 has declared the mutual severance agreement unlawful and ordered Memani to repay the full amount. “Council is proceeding with the legal enforcement of this order,” said Kamkam.

Kamkam was instrumental in obtaining a writ of execution on 17 June to attach Memani’s moveable assets to defray the outstanding amount.

She said in an earlier statement that the root cause of the matter Council was addressing stems from the actions and decisions of the ANC and its coalition partners during their term in office between February and August 2024.

She said the opposition, in a calculated move, were attempting to deflect from their role in authorising and processing the unlawful and unconstitutional settlement payout to Memani.

Whistleblowers
Kamkam responded to the Ratepayers, saying the municipality was committed to protecting whistleblowers and staff who raise concerns in good faith. These protections are entrenched in national legislation and are fully supported by Council,” she said.

“Restoring integrity and compliance in governance remains a top priority of this council. Efforts are ongoing to correct irregularities inherited from previous terms and to uphold ethical leadership.”

Kamkam said she appreciated the vigilance of the public and media. She reiterated Bitou council’s commitment to “acting lawfully, transparently, and in the best interests of Bitou residents. Further updates will be provided as and when appropriate.”

Recourse
Bulelani Bans, Memani’s legal representative, has written a hard-hitting letter to the mayor threatening to seek a cost order if the municipality does not respond to requests for a reconciliation of the amounts Memani has repaid to date.

Bans said it was urgent that Kamkam “confirm or deny the averments and or submissions contained in our correspondence dated 29 July 2025”.

“Failure to do so will necessitate our client exploring the necessary rights of recourse and will certainly see a punitive cost order against yourselves,” said Bans.

Delivery tracker
Bans referred to Kamkam's “flagrant dilatory tactics” of not replying to correspondence, which he said has become the known and expected conduct from Kamkam and her office. He attached the delivery tracker of the email sent to her on 29 July and which has been read, saying neither she or her office has responded to it. He requested that she confirm the receipt of payments made by Memani to date, and whether there was any outstanding balance due to Memani. 

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