No easy fix for Memani

PLETTENBERG BAY NEWS - Bitou Municipal Manager Mbulelo Memani has been cleared of seven counts in a disciplinary hearing, while at the same time having to repay R1,9m of a R4,5m "mutual severance agreement".

This was stated in a report contained in the agenda at a council meeting held on Monday 31 March, along with a motion to consider an application for his legal representation.

Both motions were referred back for further consideration at the next council meeting.

However, this happened only after ANC Ward Councillor Samkele Mangxaba said they were astonished that at least four charges "were withdrawn by the so-called evidence leader, who now claims more than R2m for a job very poorly executed".

Public Protector

"The question is, with whom did this evidence leader consult and take instructions from to withdraw these charges? And on what basis were the charges withdrawn? We need full details of what trans-pired," said Mangxaba. "Mr Memani was not summonsed or subpoenaed to appear before an inquest or inquiry as a witness, he was charged for misconduct."

Mangxaba said paying for Memani's legal costs amounts to maladministration and corruption and as such, is regarded as "irregular expenditure".

He suggested that a vote takes place for the payment of Memani's legal fees in respect of his disciplinary matter. "We have no other alternative but to report this matter to the Public Protector, the MEC for Local Government and the Auditor-General."

In the council report on the outcome of Memani's disciplinary hearing, Advocate TJ Golden stated in his summary of evidence that it was concerning that the investigation "was essentially a desktop exercise where none of the implicated officials were interviewed".

"It is of particular concern that Memani, who is the subject of the allegations, was not given an opportunity to respond to the allegations in the course of the investigation and when recommendations were made to discipline him," said Golden.

During discussions, a previous acting municipal manager, Allan Paulse, explained that the amount Memani received was not R4,5m but, after deductions and a big chunk taken by Sars for tax (R1,9m), amounted to R1,9m.

Acting Municipal Manager Allan Paulse Photo: Chris van Gass

'Did not have the money'

During a discussion of motions brought by the ANC's Sandiso Gcabayi and Samkele Mangxaba, about a repayment of R1,1m received by CFO Felix Lotter, Paulse said that the court order did not include Lotter, so he has not been asked to repay.

Mayor Jessica Kamkam said she sent a letter to Memani on 12 March after having rejected two of his proposals for repayment, and told him she would not agree to an arrangement other than what was in the court order. She told him to approach the court if he wanted relief.