Address by Public Protector Adv Thuli Madonsela to The National ...

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officials and other provincial authorities. Applicable legislation,policies and regulations were also considered and applied.(v)The Public Protector made the following findings:(a) Lack of service delivery and maladministration(aa) Most of the systemic service delivery failure andmaladministration complaints are substantiated, includingthe failure to expeditiously implement therecommendations of the forensic investigation report ofKPMG.(bb) The Municipal Manager at the time, Mr D Shongwe,(Former Municipal Manager) received the KPMG reportduring 2010 and failed to table the report in the Council orto release the outcome of a KPMG forensic investigationthat was conducted in respect of the Nala LocalMunicipality.(cc) The executive summary of the report was only tabled inthe Council on 14 November 2011, whereas the reportwas received by the Municipal Manager, Mr D Shongweon 20 September 2010. This is in contravention of section6(2) of the Municipal Systems Act, 2000 (MSA) andsection 32 of the MFMA and constitutes improper conductand maladministration.(dd) The Former Municipal Manager did not adhere to SupplyChain Management (SCM) Policies and in some casesengaged in events amounting to manipulation of the SCMProcess such as in the case of the Bucket Eradication16
Phase 3 tender. This is in contravention of sections 62and 95 of the Municipal Finance Management Act(MFMA), the Municipal SCM Regulations and section 217of the Constitution of the Republic of South Africa(Constitution) and constitutes improper conduct andmaladministration.(ff) The Former Municipal Manager, Mr D Shongwe, theMayor, Ms Mpai Mogorosi and the Nala Council failed totake the required steps to implement therecommendations of the report. This is in contravention ofsection 32 of the MFMA and section 152 of theConstitution and constitutes improper conduct andmaladministration.(gg) The Former Municipal Manager failed to ensure thatdisciplinary proceedings were conducted in respect ofofficials implicated in the KPMG report in accordance withthe MFMA and other the relevant prescripts. The conductwas unlawful, improper and constitutes maladministration.(hh) The Former Municipal Manager, Mr D Shongwe, theMayor of the Council, Ms Mpai Mogorosi and the NalaLocal Municipal Council failed to ensure that the use of agovernment credit card for private expenditure by theSpeaker of the Council Ms N Mashiya and the allocationof public funds by the ex-mayor Ms Mpai Mogorosi tobuild a wall at a private home, were referred to theCouncil for investigation in terms of section 32 of theMFMA. This constitutes maladministration.17
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Page 3: The allegation pertaining to unfair
Page 7 and 8: issued, a meeting was held with the
Page 9 and 10: (d) Was the Complainant prejudiced
Page 11 and 12: September 2005 which was rejected a
Page 13 and 14: (c) Did the Complainant suffer prej
Page 15: (c) Alleged incomplete and non-oper
Page 19 and 20: escalated enormously. The conduct w
Page 21 and 22: sustainable services are not delive
Page 23 and 24: municipality or municipal entity, a
Page 25 and 26: Municipality’s payroll section. E
Page 28: (a)The Municipal Manager should ens
Page 31 and 32: (ii) The Speaker of the Nala Local

Address by Public Protector Adv Thuli Madonsela to The National ...

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