The impasse within the Endumeni Council is impacting on the day-to-day running of the municipality.
Last week the all-important adjustment budget could not be passed. This budget ensures there are sufficient funds allocated to all departments to run the municipality effectively, until the passing of the annual budget in May.
At last week’s executive committee (Exco) meeting, Councillor Anthon Raubenheimer said his party (the DA) objected to the continued presence of Municipal Manager TP Biyela.
Mr Biyela was suspended last year and charged with a variety of transgressions. However, in September his suspension was lifted and the charges dropped.
The DA and three ‘rebel’ ANC councillors believe that the September meeting was invalid as there was no quorum. It is a contention that Co-operative Governance and Traditional Affairs (COGTA) MEC Nomsa Dube agrees with. In a letter written in December, she said that during the September meeting the acting Speaker had been made aware that the meeting was inquorate by an official, which he ignored. “I am certain that any decisions taken by the remaining councilllors are unlawful and void,” she wrote.
In December the Council, by majority vote, declared the September meeting illegal, and resolved that Mr Biyela’s suspension be enforced and that acting Municipal Manager Advocate R Brijraj be reinstated.
This never transpired, as on December 18 Advocate Briraj was assaulted by a group of municipal workers when attempting to take up his post.
Councillor Raubenheimer left the Exco meeting, but returned upon its completion at the start of the Council meeting where the budget adjustment was to be passed. Speaker Mdluli, in his opening remarks, also referred to the continued presence of the municipal manager and how the saga was impacting on the municipality. This sparked uproar, with councillors raising their voices both in objection to and in support of his statement.
Mr Biyela remarked that he was ‘tired of hearing the name Biyela in meetings’, and suggested that he excuse himself. This was met with cries of approval from the six councillors who have been supporting him. Councillor Ngobese supported Deputy Mayor Mkhize’s statement, that the only business of the day was the passing of the adjustment budget.
However, Councillor Raubenheimer again objected, warning those present that the procedure had not been followed in allowing Council to pass the budget.
He mentioned that the annual report – a statutory obligation which requires the report being sent to the KZN Treasury – had not been tabled.
Also, no minutes were available of the meetings of the budget steering committee, in which the adjustment budget was to have been ‘unpacked’.
Councillor Raubenheimer asked for a caucus with Mayor Thulani Mahaye. Deputy Mayor Mkhize objected, saying he too should be part of the caucus as he is a member of the Exco.
There was a caucus, after which it was announced that the passing of the budget be postponed until today, March 12. The Courier understands that R800 000, budgeted for in July 2013 for subsistence and travelling, has been depleted. The adjustment budget asks for a further R200 000. It is also understood that the road maintenance budget has also been depleted.