KwaDukuza council is standing by its appointment of Shamir Rajcoomar as acting municipal manager, despite KZN Cogta declaring it unlawful.

Mayor Siduduzo Gumede said at a media briefing on Tuesday that council had considered legal advice and reaffirmed Rajcoomar’s three-month appointment at a special meeting on September 16.

The dispute follows a directive from Cogta to instead request the secondment of a suitable official.
Gumede said council maintained there was no vacancy because suspended municipal manager Nhlanhla Mdakane remained the substantive municipal manager.

“There is no vacancy in the office of the municipal manager. We have not advertised any position. So the issue of secondment has not arisen,” he said.

Gumede said Rajcoomar’s appointment was a new acting appointment, not an extension of his predecessor’s term. Siyabonga Khanyile’s six-month acting term expired on August 27.

Gumede also addressed the precautionary suspensions of senior managers following a Section 106 forensic investigation and subsequent disciplinary processes.

He said challenges to the suspensions had gone before the courts three times, with the municipality prevailing.

The municipality also faces a second Section 106 investigation by Cogta, relating to allegations including procurement and contract management, infrastructure tenders, improper influence over municipal projects and interference in employment opportunities.

Gumede stressed these remained allegations and said the municipality would co-operate.

“If there is an investigation, we will support the investigation. We supported the first one by the MEC. We are supporting this one,” he said.

The municipality has asked Cogta for more time to provide requested information, saying 14 days was not adequate given the scope and volume of the information requested.

Gumede said KwaDukuza was also co-operating with investigations by the Special Investigating Unit and the Hawks.