Ex-mayor, municipal manager 'guilty'

26 July 2013 - 02:16 By SIPHO MASOMBUKA
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Public protector Thuli Madonsela said yesterday that nothing would deter her from fighting for a just and corruption-free society
Public protector Thuli Madonsela said yesterday that nothing would deter her from fighting for a just and corruption-free society

The public protector has found the former manager and the former mayor of the Free State's Nala local municipality in the Free State guilty of improper conduct and maladministration for ignoring the findings of a damning forensic report into corruption.

Public protector Thuli Madonsela yesterday singled out former manager David Shongwe for failing to ensure action was taken against officials implicated in the KPMG report.

The KPMG investigation found that council speaker Nozililo Mashiya used the municipality's credit card to buy alcohol to the value of R100000, and that former mayor Mpai Mogorosi irregularly spent R230000 to build a wall around her home.

Madonsela said failure to refer these corrupt practices to the council for investigation "constituted maladministration".

She found Shongwe guilty of financial misconduct in connection with R100-million paid to contractors for the erection of flushing toilets.

The first contractor was paid R70-million but failed to complete the project.

The municipality paid another contractor R30-million but again the project was abandoned.

Madonsela said the situation was exacerbated by the municipality's failure to implement the KPMG report as some of the irregular payments could have been reversed.

She found that contractors with invalid tax clearance certificates had qualified for tenders.

A law firm was paid R2.8-million to recover the money Mogorosi and Mashiya wasted.

The law firm's mandate was also to ensure that disciplinary action and criminal charges were instituted against Shongwe and other officials.

Madonsela recommended that all officials implicated in the KPMG report be speedily charged, and money be recovered from defaulting contractors and implicated officials.

Madonsela might approach the relevant authorities to declassify parts of the Public Works report into the upgrading of President Jacob Zuma's Nkandla residence.

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