Media Statement from the Office of the
Public Protector of the Republic of South Africa Adv Mabedle
Lawrence Mushwana
Pretoria
29 Septemeber 2005
(Report on an investigation into allegations of
improper conduct by the municipal council and official of
the Indaka local municipality)
The Office of the Public Protector (OPP) investigated
allegations of irregular appointment and fraudulent
misrepresentation of qualifications by the municipal manager
and the housing manager, respectively, of the Indaka Local
Municipality in KwaZulu-Natal.
The investigation was instituted following allegations
published in the Sowetan on February 12 2004, and a
subsequent complaint lodged with the Public Protector’s
office in KwaZulu-Natal by unidentified “ANC Councillors”
last year.
The investigation found that the appointment of Mr S Mbhele
as municipal manager did not comply with the provisions of
section 82 of the Municipal Structures Act; 1998, as he
lacked relevant experience at the time of his appointment.
Although subsequent to his appointment, Mr Mbhele improved
his knowledge and skills in matters of local government. He
has also gained substantial experience as municipal manager
in the four years since his appointment.
The investigation also found that the submission by Mr N D
Hadebe of a forged certificate when he applied for the
position of housing manager amounted to criminal conduct
that should be further investigated.
Mr Hadebe had been employed by the municipality as Committee
Clerk, prior to his application. In his application, Mr
Hadebe indicated that he held a Diploma in Human Resource
Management from the M L Sultan Technikon, which he obtained
in 1998.
After his appointment, Mr Hadebe, however, withdrew his
application stating that “due to the facts that I have
interests and relations with some of the building
constructions, and also that being in a contractual position
would jeopardize my longstanding financial plans and
savings”.
Mr Hadebe was allowed to return to his position of committee
clerk. However, on June 9 2004, he resigned, allegedly after
his misrepresentation to the municipal council was revealed.
On July 1, he withdrew his resignation.
As far as it could be established, no disciplinary action
has been taken against Mr Hadebe in connection with the
forged certificate that he apparently submitted to the
municipal council in support of his application.
The investigation recommended that the KwaZulu-Natal
Provincial Commissioner of the South African Police Service
(SAPS) institute an investigation into the apparent criminal
conduct of Mr Hadebe and, the municipal council of the
Indaka Local Municipality institute a disciplinary enquiry
into the conduct of Mr Hadebe.
The OPP further recommended that the MEC for Housing, Local
Government and Traditional Affairs of KwaZulu-Natal assess
the competency of Mr Mbhele to continue in his current
position as municipal manager and take steps to assist the
municipality to improve his skills, should it be necessary.
Issued by Selby Bokaba
Spokesperson for the Office of the Public Protector
Tel: 012 366-7006
Cell: 082 496 8463
|
