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A crucial King Sabata Dalindyebo council meeting set to consider a report into the controversial ANC trip to Durban that has already resulted in fraud charges against former mayor Nyaniso Nelani was abruptly postponed on Tuesday after chief whip Bongani Mlanjeni challenged the process through his lawyers.
The meeting, which had only one item on its agenda, was expected to consider a report by the municipality’s rules and ethics committee into the ill-fated 2024 trip.
It was postponed hours before councillors were due to meet.
The postponement comes days after Nelani resigned as mayor following his appearance in the Mthatha Specialised Commercial Crimes Court alongside his former PA, Sibongile Moyi, former chief financial officer Fudumele Eric Jiholo, municipal manager Ngamela Pakade and deputy minister Zoleka Capa’s ex-PA, Cwenga Songelwa.
The five face fraud charges involving about R57,000 allegedly linked to the Durban trip.
UDM chief whip Raymond Knock confirmed on Tuesday morning that the ethics committee report had been due before council.
“What we received was correspondence saying the meeting had been postponed due to receipt of legal correspondence and that legal advice is currently being sought.
“No new meeting date was provided,” Knock said.
“We have written to the speaker to furnish us with reasons why it was postponed.
“We did not want to rely on hearsay, though we have heard there is a letter written through the legal representatives of chief whip Mlanjeni.”
Council speaker Nomamfengu Siyo-Sokutu confirmed that the meeting had been postponed but did not give reasons.
Mlanjeni also declined to comment on the matter.
“You can refer the matter to the speaker of council as she is the person empowered by law to convene or postpone council meetings,” he said.
“The report you are talking about is still to go before council. I don’t know what is in the report.”
If such people are still within the system, it means they are in a position to manipulate council, administration and management to favour their own situation
— Pasika Nontshiza, former KSD councillor
However, a letter from Mlanjeni’s attorneys, Makangela Mtungani Inc, seen by the Dispatch, argues that the investigation was procedurally flawed and violated his right to be heard.
The lawyers said the matter originated from a motion submitted by Knock on June 20 2024, after which council established an ad hoc committee with specific terms of reference to investigate councillors who travelled to Durban for party activities.
The letter alleges that before the committee completed its work, its chair resigned and later became chair of the rules and ethics committee.
It further claims Mlanjeni sought clarity after being invited to appear before the ad hoc committee but never received a response.
Instead, he allegedly discovered that his name had already appeared in an interim report.
“This ad hoc committee made its recommendations without affording me an opportunity to state my side of the story,” the letter states.
“This matter was then referred to the ethics committee and even there, no invitation was extended to hear my side of the story.”
The lawyers argue that the committee exceeded its mandate by expanding its investigation beyond the terms approved by council and that this rendered the process unlawful.
“The basic rules of natural justice have been flouted,” the attorneys wrote.
“The ethics report is now an agenda item before council despite these shortcomings.”
Former KSD councillor and former municipal public accounts committee chair Pasika Nontshiza said the postponement raised further concerns about transparency following the fraud charges against senior municipal officials.
“It is an open secret that Nelani did not undertake that trip alone with the few people who have been charged,” Nontshiza said.
“It is worrying that there is no information made available to the public about who the other implicated high-ranking councillors are.
“If such people are still within the system, it means they are in a position to manipulate council, administration and management to favour their own situation.”
He said political infighting had overshadowed governance since the fraud allegations emerged.
“Friday’s council meeting was ANC versus ANC. It was not about the people or service delivery, but about themselves,” he said.
“KSD residents are still waiting for an ordinary council meeting to formally adopt the municipal budget for the new financial year, which already started on July 1.”
Daily Dispatch
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