An independent investigation commissioned by the struggling Kumkani Mhlontlo local municipality into allegations against its suspended municipal manager Lungile Ndabeni has recommended criminal charges against him for misconduct.
The investigation’s final report, tabled in a special council meeting on Tuesday, found there was prima facie evidence that Ndabeni had unlawfully authorised the continued payment of a monthly salary to himself in the absence of a legally binding appointment agreement.
It also found there was evidence he had failed to cancel a service-level agreement with Vodacom, which expired in 2023. This resulted in irregular, wasteful and fruitless expenditure for the municipality as well as the misuse of municipal assets, including misappropriation of a hired vehicle and using the municipality’s fuel for unauthorised purposes.
However, the investigation found no evidence of misconduct on other allegations, which included failure to disclose a prior criminal record, the unlawful appointment of an official despite lacking requisite qualifications such as a matric certificate, failure to implement the municipality’s service delivery and budget implementation plan for the 2024/25 financial year, and failure to take action against an official in council speaker Eddie Pula’s office who failed to submit a vehicle accident report which meant an insurance claim was rejected.
No evidence was found of other allegations, including that Ndabeni had failed to implement the auditor-general’s decisions and recommendations for 2023/2024, that he had exceeded the threshold of variation when appointing protection to guard himself, and that he had flouted supply chain processes when he tinted windows of the hired vehicle assigned to him.
The report on Ndabeni, prepared by advocate Issac Vobi of the Johannesburg Society of Advocates, stated the team was convinced there was a prima facie case for misconduct based on some of the allegations, and that disciplinary and possible criminal proceeding steps should be taken.
The investigation came soon after the municipality placed Ndabeni on precautionary suspension.
Municipal spokesperson Mamela Mangcotywa said at the time: “This decision follows serious allegations, warranting a thorough and impartial investigation.
“... the suspension is not a pronouncement of guilt, but a procedural step taken to allow the investigation process to unfold without obstruction.”
In late July, co-operative governance and traditional affairs MEC Zolile Williams advised the Qumbu-based council to suspend Ndabeni after he allegedly failed to provide answers to department investigators.
It was reported the MEC visited the municipality and tabled an investigation report relating to tender irregularities and poor workmanship at three sportsfield projects worth a combined R80m in Tsolo and Qumbu. Despite millions of rand having already been spent on the facilities, they remain incomplete.
Ndabeni allegedly failed to co-operate with the department’s investigators by not providing them with the required information and documentation.
On Thursday, long-serving Mhlontlo UDM councillor Zakheni Nondaka said while they had been informed of the findings and recommendations, they had not been provided with official documents at Tuesday’s council meeting. They still held the view that the municipality was rotten to the core and that “this [investigation and criminally charging him] will not fix anything”.
“We have been calling for the municipality to be placed under administration.”
Ndabeni could not be reached for comment at the time of writing on Thursday.
Mangcotywa confirmed Ndabeni remained suspended and that the report had been presented on Tuesday. The municipality condemned all forms of corruption and remained committed to transparency, accountability and good governance.
Daily Dispatch
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