Nomusa Dube, MEC for Co-operative Governance and Traditional Affairs and her legal team, met with the Endumeni Council on Tuesday (yesterday) after the Council had resolved to withdraw charges against suspended Municipal Manager TP Biyela.
He was to have been back at his post on October 1 – relieving Acting Municipal Manager, Advocate R Brijraj of his duties.Mr Biyela was charged with, among other issues, failing to reveal his qualifications to council when interviews were conducted last year.
He had been suspended since May.
But the resolution taken last Wednesday has been seen as unprocedural by the MEC for Co-operative Governance and Traditional Affairs.
According to the letter, written to the council, the meeting was not ‘quorate’ as there were only six councillors present when the resolution was taken, and not seven as per legislation. However, in a press briefing Mayor Thulane Mahaye and other councillors were adamant that there was a ‘quorum as eight councillors were present with only Councillors S Mdluli, Dlamini and J Mfeka who were not present.’ The late Councillor Zwane’s seat is still to be filled.
Councillor Mahaye said all issues were raised ‘before the two DA councillors asked to leave the meeting.’
While the meeting was ‘in committee’, and even with acting Municipal Manager Advocate Brijraj being replaced by Acting Corporate Services Manager Girlie Mbatha for the duration of the meeting, the Courier was told that Councillors Raubenheimer and Adam asked to leave the meeting to caucus after the matter was raised.
When they returned Councillor Raubenheimer says he advised the council that to overturn a council resolution regarding the uplifting of Mr Biyela’s suspension would require following a ‘certain procedure, which can not be done in this present fashion’.
He then announced that his principals had instructed them to leave the meeting, as the matter to be discussed was not on the agenda and would be incorrect.
Acting Speaker Ngobese then gave them permission to leave. A resolution was then taken to declare null and void the Municipal Public Accounts Committee (MPAC) meetings which recommended that Mr Biyela be charged. It was said that MPAC was ‘not properly constituted’.
It was then resolved that Mr Biyela’s and the council’s lawyers be informed of the council’s resolution to withdraw the charges, and that Mr Biyela resume work this week.
Earlier there was a 20-minute wait for the two IFP members to arrive so the meeting could start with a quorum.
The meeting was to have discussed MEC Dube’s report on her findings on the ongoing impasse in Endumeni council, which has been besieged with protests, marches, suspensions and terminations of contracts since the beginning of this year.
The meeting agreed that all the issues, as outlined in the report, be investigated further.
However, sources claim that councillors who were at the meeting were not keen on following the instructions from the MEC’s office that all resolutions taken at last week’s meeting be declared null and void, and the status quo remain regarding Mr Biyela’s disciplinary hearing – which was to have also started this week at an undisclosed venue in Dundee.
There were questions over who from the MEC’s office wrote the letter.

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Councillors from the Inkatha Freedom Party, Bongiwe Mbatha and Siboniso Mbatha, said they are satisfied that Mr Biyela suspension was politically motivated and the report from the MEC confirmed that there were number of irregularities in the Colley Street tender.
The IFP said the ‘MEC report also mentioned that the MPAC that investigated Mr Biyela was unlawfully constituted.’
“The council as the employer has a lawful responsibility to ensure that the labour relation act and principles of natural justice are adhered to, which in this case did not happen and it would have cost the rate payers millions of Rands if the hearing went ahead.
“The IFP also noted concerns raised in last week Courier in respect of the financial stability of the municipality.
“The IFP will submit a motion to council in this regards,” said the IFP statement.
The Deputy Mayor from the NFP, Thandanani Mkhize, said his party is ‘jubilant about the decision of the council to withdraw charges against the Municipal Manager Thabani Biyela.’
“This is a great moment for the NFP because from the very beginning we had advocated the view that a group ANC Councillors had teamed up with DA Councillors as a well as officials to protect two former officials.
“The NFP praises the community for their vigilant action. So now that the Municipal Manager is back at work,we look forward to council rolling up its sleeves and getting on with service delivery,” the NFP statement said.
Councillor Anthon Raubenheimer had an opposing view.
He told the Courier that ‘the facts speak for themselves.’
“The meeting was not quorated and any ‘decision”‘taken is null and void. This disciplinary hearing was scheduled for Monday September 30, and the MEC has advised Council on various occasions not to interfere with the disciplinary process. I quote from the COGTA report “… the matter being sub judice, any pronouncement in the matter would be tantamount to interference in due process”. That is the very reason why COGTA seconded Adv Brijraj as acting Municipal Manger until the disciplinary process has run its course.
“The DA will address Council on Tuesday (yesterday) regarding the unlawfulness of the last Council meeting and move those Council resolutions to be declared null and void. Hopefully sense will prevail.”