Govan Mbeki Municipality’s section 106 report is back at CoGTA
Opposition parties wants the section 106 investigation findings on fraud, corruption and maladministration in Govan Mbeki Municipality be referred back to the Cooperative governance and Traditional Affairs MEC, Mandla Msibi.
SECUNDA – Opposition parties want the section 106 investigation findings on fraud, corruption and maladministration in Govan Mbeki Municipality to be referred back to the MEC for Cooperative Governance and Traditional Affairs, Mandla Msibi.
The executive mayor, Nhlakanipho Zuma presented the report to be acknowledged by the council on October 31.
This sparked an argument between ANC councillors and the opposition parties (the DA, EFF, FF+, ATM and IFP) and led to a vote.
The opposition parties who wanted the item to be referred back to CoGTA won with 27 votes against the ANC’s 25 votes.
It has been almost three years since the section 106 forensic investigation report and its findings were tabled and adopted by the municipal council. Employees, politicians and contractors were implicated in this report.
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Msibi tabled the terms of reference for the forensic investigation during an extraordinary council meeting held in the council chambers on Thursday, November 22, 2019.
The terms of reference included non-implementation of council resolutions, the abuse of municipal property and assets, advertisement of tenders without following legislation and awarding of bursaries without following procedures.
The investigation was done under Section 106 (1) (b) of the Municipal Systems Act, 32 of 2000, which states that if the MEC has reason to believe that a municipality in the province cannot or does not fulfil a statutory obligation binding on the municipality or that maladministration, fraud, corruption or any other serious malpractice has occurred or is occurring in a municipality in the province, the MEC must designate a person or persons to investigate the matter.
The findings revealed the non-compliance with the recruitment, selection and acting appointment procedures, as well as nepotism.
The appointment of the chief financial officer was made in contravention of the Local Government: Municipal Systems Act 32 of 2000.
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The investigation also found that the municipality was guilty of non-implementation of municipal council resolutions and irregular maladministration in the awarding of bursaries, the irregular extension or termination of service providers’ contracts, and irregular spending and underspending of MIG funds and Water Services Infrastructure Grants (WSIG), and also failed to complete initiated projects.
It was also found that GMM abused and did not comply with the supply chain management processes, including advertising of tenders and wrongful disciplinary action against employees.
Several council meetings of GMM were held to consider the report and to compile an action plan aimed at corrective measures to address the report as well as the fitting.
Mpumalanga Government’s Executive Council released a statement at the end of November last year that it has noted the progress made by the municipalities, including Govan Mbeki Municipality, where section 106(1)(b) of the local government municipal systems act, 2000 was instituted.
The Democratic Alliance even went to Hawks’ offices in Secunda to open cases against those who were implicated in the report. DA councillor James Masango said his party is concerned that after two years no one has yet been arrested.
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“The council was given recommendations to act upon, but till today we are still hearing stories. Serious action is not being taken against the companies or contractors, staff members and public representatives alleged to have acted in a corrupt way.
“All we hear is petty things, such as the person is not with the municipality anymore. If a fraudulent act is alleged, like in the case of the chief financial officer, then it is a criminal offence.
“The law must follow you wherever you are. We await the MEC of COGTA’s response,” said Masango.
The EFF said the 106 report was referred back to the MEC and they want a full report on what happened after the report was adopted.
“Was anyone arrested or have they appeared before the court?” asked EFF councillor David Khoza.
Lwandile Ziwele from the ATM wants a full report on the consequences to those implicated in the report, not just what was brought to the council to be acknowledged.
