OPPOSITION parties in the eThekwini Council have called for action to be taken against councillors, two of whom are on the executive committee, who have been found guilty of doing business with the city and are therefore in breach of city regulations. The Democratic Alliance in eThekwini has written to council Speaker Logie Naidoo calling on him to investigate breaches of the municipal Code of Conduct against several ANC Councillors following a report by the ethics committee which was tabled in last week’s full council sitting.
Reports indicate that four councillors were found to be in breach of regulation 44 of the Municipal Supply Chain Management Regulations which prevents the awarding of contracts to municpal employees.
According to a media statement by the DA’s chief whip, Sharon Hoosen, the report contained various recommendations of punishment for the councillors concerned as their actions resulted in millions of rands of irregular expenditure for the city.
“The presence of these councillors goes against the municipal code of conduct which prohibits councillors from participating in any council decision in which they have a direct interest in,”said Hoosen.
Notwithstanding several requests from the opposition to Naidoo for councillors to declare an interest in the matter and recuse themselves from the meeting, the councillors concerned remained defiant and participated in the deliberations and voted on the matter. ” It was only after I lodged several protests with the Speaker and called on him to remove these councillors did they eventually leave,” said Hoosen.
However, by then, they had already voted on the decisions which had a direct impact on them.
“We simply cannot continue to run a municipality in this manner when the very councillors who are expected to lead by example show such flagrant disregard for legislation,” she said.
Hoosen will also be writing to Co-operative Governance MEC Nomusa Dube calling on her to investigate this matter.
Doing business with the city
It was reported in the media that Exco councillors Senzangakhona Shange and Nondumiso Cele and fellow exco colleague and ANC chief whip, Stanley Xulu, were repeat offenders, while Councillor Phumzile Hlengwa was guilty of one breach.
According to ethics committee chairman, William Mapena, Shanga had pleaded guilty before a hearing to doing business with the city during the 2010/11 financial year to the value of R353 018. He said Shange had pleaded guilty to the same breach in the 2009/10 financial year. The committee had recommended he receive a formal written warning.
Cele was also a repeat offender having pleaded guilty for doing business with the city during the 2010/11 financial year to the tune of R131 933. She had also pleaded guilty to the same breach in the 2009\10 financial year. Mapena said she had since followed processes and removed her name from the municipal database. It was recommended she receive a written warning.
Councillor Xulu was found to have breached the code three times. Twice in the 2010/11 financial year to the value of more than R1.2 million and as a member of another company in the same year to the value of R128 700. A third breach in 2010/11 was for work amounting to R389 154 as a member of the Inkasa Development Primary Co-operative.
Xulu pleaded guilty to all three breaches and he was issued with a letter of warning for the first two, and received a fine equivalent of six months net salary for the third breach.
Hlengwa pleaded guilty for doing business with the city in the 2010/11 financial year to the value of R368 154, also as a member of the Inkasa Development Primary Co-operative. She apologised and was fined the equivalent of six week’s net salary.
