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

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III. ensuring that disciplinary and criminal charges againstthe Former Municipal Manager, Mr D Shongwe andFormer Manager Technical Services for alleged theft,fraud, corruption and other criminal charges areinstituted; andIV. advising whether appropriate disciplinary and criminalaction needs to be taken against the Former MunicipalManager, Mr D Shongwe.(bb) Evidence further shows that the Municipality approachedCOGTA during July 2012 for financial assistance inrespect of legal fees for the implementation of the KPMGreport, amounting to R900 000.00, which could not becovered by its own budget.(cc) The allegation that an amount of R3 936 822.69 was paidto a law firm solely to conduct the disciplinary hearing ofthe suspended Municipal Manager is, accordingly, notsubstantiated.(j) Alleged irregular payment of R90 000.00 as bonus to theMunicipal Manager(aa) The Municipal Manager was indeed initially paid thealleged bonus on 25 January 2013, within 2 months ofemployment.(bb) The Public Protector is satisfied with the explanation thatthis was an administrative error in the capturing of theMunicipal Manager’s salary structuring instructions at the24
Municipality’s payroll section. Evidence shows that theMayor of the Council was informed about the discrepancyon 28 January 2013 and the error corrected before thePublic Protector’s second visit to Nala on 6 February2013, when this additional complaint was lodged.(cc) Repayment of the amount was done on 4 February 2013and proof was submitted to the Public Protector.(k) Alleged irregular appointment of the Municipal Manager asacting and permanently(aa) No evidence supports the allegation that the MunicipalManager’s secondment to and appointment at theMunicipality was irregular.(bb) The Municipal Manager, Mr Chris Mokomela wasseconded as Acting Municipal Manager from COGTA onrequest of the Nala Local Municipal Council for threeperiods of three months in terms of section 54A of theMSA. Council Resolutions were taken to requestsecondment and to extend the secondment after the firstthree months, during January 2012 and during June 2012respectively.(cc) The post of Municipal Manager was advertised by theNala Local Municipal Council. Mr Chris Mokomela, thenActing Municipal Manager applied, was interviewed andappointed.25
Page 1 and 2: Address by Public Protector Adv Thu
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 and 16: (c) Alleged incomplete and non-oper
Page 17 and 18: Phase 3 tender. This is in contrave
Page 19 and 20: escalated enormously. The conduct w
Page 21 and 22: sustainable services are not delive
Page 23: municipality or municipal entity, a
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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