It may have been the last Council meeting of the year but the mood in the Endumeni Council Chamber was hardly festive.  Feisty would be a better word to describe the jousting between especially the two Mbatha IFP Councillors, Bongiwe and Richard, Mayor Thulani Mahaye and Speaker S’duzo Mdluli.

The IFP Councillors were also miffed that the press was in the gallery and was witness to the legal opinion (that had been sought by the Council regarding the KZN Treasury Department’s forensic investigation into alleged corruption at the Municipality) being discussed.

Acting municipal manager, SP Zulu, announced at the beginning of the meeting that the legal opinion had only been received today. He handed out copies to all Councillors but warned that these would have to be returned because of the confidential nature of the contents.  Councillors were given  five minutes to peruse the rather large document.

Mr Zulu then read out section of the opinion.  It was said that the Council should go ahead and take disciplinary steps against those municipal officials who were involved in the apparent illegal appointment of staff that involved, in some cases, nepotism.

Steps should also be taken against the municipal official involved in the apparent warding of a tender to an outside security company.

Regarding still-suspended municipal manager, TP Biyela, the opinion was not no further action be taken against him regarding his apparent failure to disclose how he became to leave his previous employment in Mpumalanga and questions regarding his qualifications.

However, Mr Zulu said the legal opinion did not touch on all the other charges which Mr Biyela is currently facing and the suggestion was that the disciplinary process continue.

On the issue of self-enrichment, it was said that another opinion be sought to ascertain if there was a valid case that was winnable.

Councillor Bongiwe Mbatha was not happy.  “Last time we discussed the forensic report in committee. Now the media is here when we discuss the legal opinion. Why?  You are not fair.  Then you make us come to your office if we want to read the report and the legal opinion.  We are not kids. We are politicians.”

She said she ‘is sick’ and could not ‘go in and out of the municipality to read the report’.

“By the time I leave the building everything that I have read has left my head.”

However, Speaker Mdluli reminded her that the initial forensic report was classified that is why discussions were in committee.  However, the legal opinion was not.  “Mr Zulu, the acting municipal manager, did not read out any names of those accused of wrong doing…. we are trying to protect their image until disciplinary proceedings are complete.”

This did not seem to appease Councillor Mbatha who continued her tirade against the media’ s presence and the fact that officials always ‘catch Councillors by surprise’

Councillor Mbatha Junior was even more strident and suggested that the entire meeting was not procedural. He also did not want the media there.

This, Mayor Mahaye, appear to brush aside and Councillor Anthon Raubenheimer moved that any decision regarding the legal opinion stand over to give Councillors a chance to read the report (in the municipal manager’s office) and that the matter be discussed in the New Year. This, the Council appeared to accept although there were still rumblings from the IFP benches.