eThekwini City city manager, Musa Mbhele, will not lead the disciplinary process against one of his deputies.
Mbhele had been mandated by the Executive Committee on behalf of the council to appoint an external independent presiding officer and evidence leader in the disciplinary matter against the deputy city manager (DCM) for trading services, Sibusiso Makhanya.
However, a confidential report, seen by The Mercury, indicates that this responsibility will now be assumed by mayor Cyril Xaba.
Makhanya is facing disciplinary action after being accused of failing to provide crucial information needed by the City to defend a lawsuit brought by a service provider. It is alleged that his failure to supply this information resulted in a default judgment being granted against the City.
The situation also led to the City incurring fruitless and wasteful expenditure, which was initially estimated to be R6.6 million.
However, this figure may be revised downwards following an investigation that suggested the amount had been miscalculated.
The councillors who proposed the change stated that it was meant to ensure a fair disciplinary process. However, other sources within the City said it was understood that Mbhele was briefed about the matter in detail prior to the default judgment and, as such, he also had questions to answer.
In response to the allegations, Makhanya had earlier stated that he had provided all the necessary information for the City to act on the matter. He also claimed that the city manager was conflicted in acting against him, as the information had already been provided to him.
The decision to remove Mbhele from the process was ratified by the council recently.
The report detailing this change noted that after a council meeting on August 29, it was resolved that Makhanya would be placed on precautionary suspension but would be given seven days to submit his written response.
The report also recommended the appointment of an independent investigator to examine the matter.
The recent amendment states that “the municipal council authorises His Worship, the Mayor, to appoint an independent and external presiding officer and an officer to lead the evidence with full authority to sign the appointment letters”.
This amendment, the report shows was proposed by an ANC councillor, who clarified that it was not intended to indicate a vote of no confidence against the city manager.
“The ANC felt that the involvement of His Worship, the Mayor, is in the best interest of the city manager and the municipality at large,” the councillor stated, noting that the mayor is permitted to play this role as per the regulations governing these investigations.
Another councillor noted that Makhanya had said that the city manager was conflicted, which is why a decision had been taken to let the mayor lead the process to ensure that it was not tainted by allegations.
Mayoral spokesperson Mluleki Mntungwa stated that he was not in a position to comment on this issue, saying: “I am not aware of this report, and as you (The Mercury) have stated, this was an in-committee matter, and I am not privy to discussion in committee.”