Msunduzi Municipality in Pietermaritzburg is seeking R1.6m from former employee Clive Lotz, who allegedly did not set foot at work for about two years from the time he was appointed.

His title was manager in the speaker and chief whip’s office.

According to the city manager’s monthly report, a summons has been issued and Lotz has opted to defend the matter.

Lotz’s controversial appointment was effected on December 1, 2016. He was the DA councillor for the Woodlands area before his resignation and joined the ANC a month after the local government elections in 2016.

At the time, The Witness reported having seen documents that show Lotz was offered a salary package of just over R600 000 when he was appointed, and was required to work three months’ probation.

But it appears that despite having never arrived for duty during his probation period, his employment was confirmed.

I’m the fall guy – Lotz

Lotz confirmed having been served with the summons but said he was defending the claim.

“I feel like I’m the fall guy in this matter. If people decided to appoint me without following proper processes why am I the only one the city has to chase? I did not appoint myself in that position so those responsible should be the focus of the investigation.”

Msunduzi spokesperson Ntobe Mkhize says the matter was investigated by the internal audit and a decision was taken to recover the money. She adds a civil claim is currently before court, but would not be drawn to comment on whether there are any other employees who are being investigated in connection with the questionable appointment.

“The litigation process is in place. The municipal manager updates the council on the progress of the matter on a monthly basis. While the municipality is bound by the rules of confidentiality to not speak on legal matters, the Msunduzi community is assured that if there are any other issues arising on this matter they will be investigated.

“We ask to be given space to deal with the legal process and we will communicate our next course of action once it has been finalised,” says Mkhize.

Court papers

According to papers filed in the Pietermaritzburg High Court in relation to the matter, city manager Lulamile Mapholoba says in an affidavit that the decision to appoint Lotz was both unlawful and irrational, so the decision should be reviewed and set aside.

He explains his employment should have been declared void from the beginning. He adds that Lotz ‘has not in fact performed any duties’ for the municipality.

Opposition parties in Msunduzi are calling for Mapholoba not to focus on Lotz, as he did not appoint himself to the position.

The parties questioned the lack of updates on the matter and the focus on Lotz instead of all those who were involved in the creation of that position and the recruitment process.

Opposition parties

IFP uMgungundlovu district chairperson and Msunduzi councillor Thinasonke Ntombela says the city leadership will not be doing justice to the matter if Lotz is the only focal point for the recovery of the money paid to him.

“Clive did not appoint himself to the position. It is obvious that there was political influence during his appointment and the manner in which this matter is dealt with smacks of political interference. He was a DA councillor before he resigned and got headhunted for the position in question.”

The DA’s Ross Strachan says it is disturbing that the municipality has not been able to resolve a matter that has dragged out for six years.

“In a clear campaign attempt to destabilise the DA in a by-election in Ward 32, the ANC region deployed Clive Lotz into the speakers’ office as a ‘ghost’ employee who benefitted over R40 000 a month without ever arriving for work. Millions were spent through clear corruption and to date no senior politicians have been held accountable. Lotz is now being used as a scapegoat to protect those who deployed and paid him that salary,” adds Strachan.

He says those involved must be investigated and charged accordingly, and all monies must be recovered from those responsible.

“If the Msunduzi administration continues to cover this up, an independent forensic investigation must be initiated,” he adds.

The ACDP’s Rienus Niemand says the speaker at the time knew Lotz was being paid while not attending work.

“The pay office paid him knowing he was not attending. The head of department, and the chief financial officer all knew this but as a result of a political instruction, they took no action. The municipal manager has not investigated any of these people, which smells like a cover-up.”