Former Amathole district municipality municipal manager Thandekile Mnyimba may find himself in a tight spot if the provincial legislature passes a motion to have him repay the millions he earned at the municipality.
The EFF has lodged a motion with the legislature calling for the municipality to claw back money paid to Mnyimba during his tenure as municipal boss.
They are using allegations that he had not passed matric as justification.
Mnyimba took over as municipal manager in 2017 and was in the post until May 2022 when his contract expired.
In 2019, the Daily Dispatch reported that Mnyimba earned R2.4m a year, over R500,000 more than the then co-operative governance & traditional affairs MEC responsible for oversight of municipalities.
If the motion passes and is implemented, it would mean Mnyimba may be forced to repay well over R10m to the financially straitened ADM council.
The Daily Dispatch previously reported that Mnyimba had a 10% annual salary increase as part of his contract.
Questions over Mnyimba’s qualifications were raised last year when former Cogta MEC Xolile Nqatha wrote to the municipality saying his office could not verify his matric qualification.
This was while the council was in the process of renewing his contract for another five-year term.
It later decided not to renew the contract, but Mnyimba is contesting the matter in court.
During his stint, Mnyimba was involved in a number of controversies, including that he lived permanently at the Hemingways Hotel.
At the time, he said he was paying his own hotel bills.
The municipality has since hired Bhekisisa Mthembu as municipal manager.
ADM was not the first council to employ Mnyimba as top boss. He previously served as the municipal manager for Ikhwezi and Ngqushwa local municipalities.
The motion was filed by the EFF’s Zoleka Qotoyi, who asked that the legislature “notes that monies were reportedly paid to the former municipal manager of Amathole district municipality, Mr Mnyimba; notes that reports have surfaced that his matric certificate is fraudulent and he has not rebutted that by showing evidence to the contrary”.
The motion further suggests that ADM should go after Mnyimba’s pension to recoup the money in terms of the Pension Funds Act.
The party also wants the legislature to “to come up with steps that will be taken with a view to recover monies paid to ... Mnyimba” and any other individuals who were in the same situation as he.
“[The legislature should further] draft and adopt a framework in the form of measures that will be implemented to fight fraudulent activities in all spheres of government in line with applicable and network legislation,” reads the motion.
Qotoyi said the party wanted all the money paid to Mnyiba to be repaid, dating back to when he first took over in 2017.
Should the house pass the motion, the EFF would ensure it would be implemented, she said.
“The money must be paid back and we will need [proof] that it is paid back.
“This is tax money that was supposed to serve Amathole.”
Mnyimba fobbed off the EFF saying: “Tell them they are drunk. Tell them Mnyimba says they are drunk ... write that in the paper and say Mnyimba says you are drunk.”
He confirmed he was still fighting the municipality in court; the matter would be heard on May 25.
The EFF in Amathole previously tried to ensure that the councillors who had approved the appointment should also be held liable and made to repay a portion of the salary paid to Mnyimba.
“Tell them they are drunk. Tell them Mnyimba says they are drunk ... write that in the paper and say Mnyimba says you are drunk.”
Mayor Anele Ntsangani said should there be undeniable proof that Mnyimba did not have a matric certificate, the municipality would go after him.
“Having earned that money amounts to unjustified enrichment ... so it’s natural logic if it is found that he falsified his qualification, then it means it’s an unjustified enrichment, so that money can be recouped.”
But Ntsangani said right now the municipality could not say whether he did have a matric certificate, even though at face value his documents appear not to be authentic.
He said the municipality would have to report to the council once the court action was concluded.
Labour law expert Michael Bagraim, who is also a DA MP, said it would be difficult for the municipality to recoup the money from Mnyimba.
The municipality would have to make a civil court application to recoup the money, and he doubted Mnyimba still had the money to repay the municipality.
“They are going to have to prove beyond reasonable doubt that he forged his certificate. I don’t know how they are going to do that.”
DispatchLIVE
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.