Less than two months before South Africans cast their votes in this year's local government elections, Mayor Vumile Lwana has been accused of abusing his power, following his involvement in a recent municipal project.
Less than two months before South Africans cast their votes in this year's local government elections, Mayor Vumile Lwana has been accused of abusing his power, following his involvement in a recent municipal project.
Grocott's Mail has learnt that Lwana, in clear contravention of municipal law, played a part in helping an out-of-town company called Ubumbano Development Academy to secure a contract with the municipality to carry out soccer-coaching and training clinics in Makana rural areas last year.
This is despite councillors (the mayor being one of them) being barred by the Municipal Finance Management Act 56 of 2003 from participating in the management of municipal tenders or contracts.
In a letter addressed to the municipal Chief Financial Officer Jackson Ngcelwane two months ago, Noluthando Santi, the mayor's personal assistant, said the mayor had "requested Ubumbano Development Academy to run the workshops in the rural areas".
But a municipal official privy to the original plan said the municipality had set up a six-member task team comprising councillors and other municipal officials "to guide" the municipality's participation in the 2010 Fifa World Cup.
As part of the municipality's 2010 sports programme, soccer coaching and training clinics would be carried out by a local company in rural areas such as Salem, Manley Flats and Alicedale. "The mayor was excited when the idea was pitched to him, especially because of the jobs the project would create for local residents," said the official, who spoke on condition of anonymity.
Other members of the task team included councillor Mxolisi Patrick Ntshiba, municipal sports and recreation officer Jeff Budaza, and the Special Programmes Officer Likhaya Ngandi. "But we never heard from him again. As far as I know, the project ceased to exist while it was still in its planning stage," said the official.
Instead, Ngandi — the special programmes officer — was informed by Santi (the mayor's PA) that "Ubumbano Development Academy has been assigned to undertake soccer coaching and training clinics in the rural areas of Makana".
Despite both the Municipal Manager, Ntombi Baart, and the Chief Financial Officer, Jackson Ngcelwane, raising concerns (on separate occasions) about the possible repercussions about the manner in which the project had come into existence, permission for payment was granted by both Baart and Ngcwelane after the mayor issued two requests for Ubumbano to be paid for their services.
This was done, even though the municipality had said it had no report about the project. As a result, in September the municipality paid Ubumbano R240 000 for its work during the first phase of the project, which is said to have taken place between June and July 2010.
According to municipal documents, the project has now been put on hold, pending an investigation on Ubumbano's second claim for R313 000, for the second phase of the project. In a letter addressed to Baart last month, Ngcelwane wrote, "I am of the view that we must exercise a high degree of caution in this case, as the Auditor General may want to know reasons why procurement processes were not followed."
In another letter to Baart dated 30 September 2010, Santi wrote: "There was no intention not to follow the tendering processes of the municipality…" Santi also wrote that Ubumbano had been paid per ward for the first phase for conducting soccer coaching and training clinics in rural wards.
According to a report on the project by Municipal Manager Ntombi Baart, tabled for discussion in an ordinary council meeting on 15 March, no evidence or proof that Ubumbano actually did carry out the project reached the municipality at all.
As such, it said "the services were claimed to have been rendered already in June 2010". According to two officials who were present at the council meeting in their municipal capacity, the issue was "fudged" when an ANC councillor recommended that it be moved to the next council meeting (on 15 April).
The Municipal Speaker accepted this suggestion, the officials said. Another municipal councillor, who requested that his name be withheld, expressed shock at the way in which the municipal council had been made aware of the project. "This is the first I've ever heard of the project," the councillor said.
At time of going to press, municipal spokesperson Thandy Matebese had yet to respond to media queries, since our questions had been forwarded to Likhaya Ngandi. Ngandi, in turn, referred Grocott's Mail to Baart, whom he said was now in charge of the investigation into the project and thus was the only person permitted to comment on it. Baart had not responded to our queries at the time of going to press.