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KwaDukuza Municipality CFO suspension hearing hits snag

The adjournment was sought after KDM's counsel on brief, Advocate Sanelisiwe Lushaba, withdrew from the hearing on Sunday night, leaving the remaining legal team underprepared on Monday.

The KwaDukuza Municipality (KDM) appeared ill prepared at the first hearing of suspended Chief Financial Officer (CFO) Shamir Rajcoomar on Monday.

Held at the Nokukhanya Luthuli buildings in Ballito, Monday’s hearing was meant to deal with in limine (before the main hearing) submissions and an application for public access to the case.

The application for access was made last week by the KwaDukuza Residents Forum (KDRF), iLembe Civic Action Movement (ICAM), freelance journalist Penny Fourie, Radio Life & Style and Rajcoomar himself.

“The issue at hand has attracted diverse attention on social media platforms, particularly through the widespread circulation and viral nature of WhatsApp messages,” reads the KDRF statement.

“In the event that Mr Rajcoomar is charged with serious offences and there is a prima facie case against him, the municipality should have no reason to hide the details.”

The ICAM statement raised similar concerns.


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“Mr Rajcoomar has been exemplary in his leadership of the finance team, has been a key part of the turnaround of KDM finances, has displayed a no nonsense approach towards corruption and has a track record of prudent financial management,” reads the statement.

“In his absence we have already heard of serious allegations of public money being laundered to political parties as a payoff for his demise.”

But the case for the application was not heard by the chairperson of the hearing, Advocate Ndumiso Xulu, on Monday after KDM’s legal representatives, Zuma and Partners, asked for an adjournment.

This despite Rajcoomar’s legal team meeting all deadlines for submissions as previously agreed by both parties on August 14.

The adjournment was sought after KDM’s counsel on brief, Advocate Sanelisiwe Lushaba, withdrew from the hearing on Sunday night, leaving the remaining legal team underprepared on Monday.

Xulu said he was sympathetic to Rajcoomar in the situation, given he would have to foot legal bills for a wasted day, but that he did not have the right as chairperson to force KDM to pay the costs.

For KDM’s part, the legal representation will be paid for using ratepayer funds and will likely be labelled fruitless and wasteful expenditure.

Given Lushaba’s withdrawal, the in limine submissions were also not dealt with.

The hearing was postponed to Wednesday, August 30, where both issues will be dealt with after which the main case will be heard.


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