Update

PLETTENBERG BAY NEWS - Over four months after a Western Cape High Court judge ordered municipal manager Mbulelo Memani to repay “forthwith" a R4.2 million golden handshake from the Bitou municipality, the repayment does not appear to have been made.

In a successful application by the DA to have Memani reinstated as municipal manager, heard last year, Judge Deidre Kusevitsky on 18 October ordered that Memani repay the money he received as part of a “mutual termination agreement”.

Bulelani Bans, who represents Memani, and who was also ordered to repay R250 000 plus VAT in fees he received, said this amount was received for “a service rendered” and that normally a client is responsible for that payment.

'Made offer to repay money'

Bans said various reports that the amount he was liable for was R500 000, were untrue.

Bans said Memani “knows” about the order and has made an offer to repay the money, which was initially accepted, but has since been declined.

“It appears the municipality now wants the amount to be settled in full,” said Bans.

On Tuesday 4 March Bitou mayor Jessica Kamkam in a statement said her office “has engaged with the relevant departments to obtain a comprehensive status update on the recovery process”.

'Move expeditiously'

“The calculation of the quantum is directly related to the SARS Paye payments. SARS needs to be engaged and a repayment done due to the Court Order requiring repayment of all monies.

“The municipality will move expeditiously to ensure the Court Order is given effect to.

“Additionally, the disciplinary hearing (of Memani) that followed from the charges is still ongoing, where further detail may be forthcoming.”

'Compliance remains priority'

Kamkam, in a statement to the Knysna-Plett Herald, added: “Ensuring accountability and compliance with the court’s ruling remains a priority. I appreciate your patience as we work through the necessary legal and procedural channels.”

According to Steve Pattinson, chairman of the Plett Ratepayers' Association, the association sent a letter to Kamkam on 10 February asking what the status of the repayments was.

'No response'

"We also asked about the recovery from his attorney Bulelani Bans of R500 000 (in fact R250 000 plus VAT), and from councillors (Sandiso) Gcabayi and (Claude) Terblanche who were named in the court order to personally repay court costs. The Ratepayers have not received a response after three weeks, nor even an acknowledgement of receipt."

In their response councillors Gcabayi and Terblanche said they acted in their capacities as councillors and the municipality is responsible for the court costs, not them in their personal capacities.

On Monday 3 March an email message by one Ike Boss, who has “no email domain or address" and is regarded as a political activist, included a letter sent to 18 respondents about the issue.

“This letter was dispatched to DA SG Helen Zille; Zille’s PA; Zille’s COS; the Bitou Mayor, Deputy Mayor, Speaker, and DA Constituency Head; the DA REC Chair; the DA PEC Chair; the DA Provincial Leader; DA MEC Bredell; the Bitou MM, and CFP; the GRRPA Chair,” said Boss’ email, received by the Knysna-Plett Herald and other media outlets.

'In breach of order'

Boss wrote: “Dear Ms Zille.

'"Your founding affidavit before the High Court on 19 July last year, bewails the waste of ‘large sums of public money’- R4.2m paid to Mbulelo Memani and R500 000 (actually R250 000) to his lawyers, Bulelani Bans Inc.

“ Over and over and over again you beseech Her Ladyship to grant relief to the people of Bitou for the waste of ‘large sums of public money’.

“On 18 October - 136 days ago - The Honourable Madam Justice Kusevitsky ordered Memani ‘to repay forthwith to the municipality the full amount paid to him pursuant to the mutual termination agreement (revoked)’ and Buleleni Buns (sic) ‘to repay forthwith to the municipality the full amount paid to it pursuant to the mutual termination agreement (revoked)’ and Claude Terblanche N.O. and Sandiso Goabayi (sic) N.O. ‘to pay the applicant’s costs...’

“Incredibly, it appears that all parties - the applicant, the DA, and the respondents, the Bitou Local Municipality, Claude Terblanche N.O., Andiso (sic) Gcabayi N.O., Mbulelo Memani, Bulelani Bans Inc., and the MEC for Local Government, Environmental Affairs and Development Planning, Western Cape Province - are in breach of this order.”

When asked for comment by the Knysna-Plett Herald, Zille said until Ike Boss “is open to me about your identity I am not engaging with you”.

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