Lekwa’s speaker reports the municipal manager

In a report by the speaker of council, Oliver Phiri from the LCF dated February 12, allegations of serious misconduct were presented to council on the municipal manager Malosi Lamola’s performance.

The Standerton Advertiser is in possession of a copy of the report. Phiri confirmed via WhatsApp on February 29 that he was attacked outside his home and warned not to attend a council meeting.

According to the report, the office of the speaker, as well as the Executive Mayor Delani Louis Thabethe, received a letter on February 5, regarding maladministration and misconduct by the accounting officer.

The Municipal Systems Act comes into play for a formal investigation of disciplinary regulations for senior managers.

According to the document, Phiri requested a virtual council meeting on February 12 to notify council of the allegations.

According to a reliable source, council sat on February 14. By all accounts, disciplinary proceedings should be prompt, fair, consistent and concluded within the shortest possible time.

According to disciplinary regulations, council had to decide whether the alleged misconduct was of a serious nature or less than serious nature, and authorise the mayor to appoint an external or presiding officer, as well as an officer to lead evidence and sign the letters of appointment.

The document referred to a situation where the investigation may be jeopardised, noting the position of the municipal manager.

Phiri said in his report that the MM has a fiduciary responsibility to ensure the municipality does not suffer any loss and their assets are protected.

According to the document, these allegations are of a severe nature, considering the range of recruitment without following processes, irregular and fruitless expenditure and no payment of statutory obligations.

The latter refers to section 65 (2) (f) of the Municipal Finance Management Act. The report indicated that the allegations seem to suggest that process and internal controls were deliberately bypassed to attain a specific objective.

Quite a number of charges of alleged misconduct and maladministration are listed against the accounting officer:

• An alleged contravention of section 67 (1) of the Municipal Systems Act wherein 14 appointments were made in the budget and treasury office, corporate services and community services and safety without following recruitment processes;

• An alleged contravention of Section 15 of the Municipal Finance Management Act wherein expenditure was incurred outside the approved budget;

• An alleged contravention of Section 62 (1) (d) of the Municipal Finance Management Act, failing to prevent unauthorised expenditure;

• An alleged contravention of Section 61 (2) (a) of the above act wherein fiduciary responsibilities were not adhered to;

• An alleged contravention of Section 65 (2) (f) of the same act wherein he failed to comply with statutory commitments. Lekwa currently owes SARS and the auditor-general;

• An alleged contravention of the Occupational Health and Safety Act 85 of 1993 wherein safety regulations were disregarded and the contravention notice issued for the Morgenzon Water Treatment Plant;

• Alleged fruitless expenditure of R460 621 for repairing pumps at the above plant. To date, no work has been done on the site;

• An alleged appointment of a service provider on March 31 for manufacturing, testing, contractors work, supply, directory, access, protocol, delivery, installation, testing at the site and commissioning of one fully-functional power transformer for Lekwa. R 4 797 605.43 have been spent without the transformer delivered on site;

• An alleged contravention of Section 32 (1) (d) of the Municipal Finance Management Act for payment of R461 621 and no work done on site;

• An alleged contravention of Section 32 (1) (d) for payment of R4 797 605.43 and no delivery of transformer;

• An alleged contravention of Section 29 (1) of the National Treasury Supply Chain Management Regulations of not appointing the CFO to be a member of the bid-adjudication committee deciding on tenders;

• An alleged contravention of Section 29 (1) of the above regulations in that the bid committee contravened the supply chain compliance regulation which constituted an irregular expenditure; and

• An alleged contravention of Section 57 (4) (b) of the Municipal Systems Act wherein no performance evaluation for senior managers in the 2022/23 financial year was done.

The speaker recommended an independent investigator be appointed and consider that the MM be suspended, pending finalisation of the disciplinary process.

In conclusion, Phiri recommended that the MM be given an opportunity to make a written representation within seven days after the notification of the council decision on the intention to suspend him.

According to another reliable source, council sat on February 29 to discuss the matter. The Standerton Advertiser contacted the communications manager of Lekwa, Lubabalo Majenge, via WhatsApp the past week for comment on the allegations after the email did not go through.

No feedback was received at the time of going to press. The newspaper also tried to get hold of the municipal manager on March 1 by phoning the landline of the municipality at 12:33.

The call went unanswered and a second attempt was made a few minutes later, with the same result. The Advertiser finally got hold of the MM and asked for comment on the allegations.

“I would not like to comment,” he said.