Cogta MEC slams decision to suspend eThekwini official over R63.5m lawsuit

The KwaZulu-Natal co-operative governance and traditional affairs (Cogta) department has slammed the eThekwini municipality for suspending its deputy city manager for trading services, Sibusiso Makhanya.

MEC Thulasizwe Buthelezi ordered eThekwini mayor Cyril Xaba to rescind the decision within three days saying the executive committee overstepped its mandate.

“The executive committee of a municipality is not empowered by law to suspend senior managers. It is only the council that has the discretion to suspend senior managers — and this function cannot be delegated to the executive committee,” said Buthelezi.

Makhanya was suspended last Friday after a meeting of the executive committee, for alleged dereliction of duty. The city claims he failed to respond to emails sent to him in connection with a R63.5m lawsuit lodged by a service provider against the municipality.

The city subsequently failed to defend its case and it was issued with a default judgment, and incurred a further R6.6m in interest and legal fees which is deemed wasteful and fruitless expenditure.

Buthelezi said the suspension constitutes yet another case of maladministration by the city.

He also raised concerns Xaba neither acknowledged nor responded to communication sent to him.

This comes a day after Xaba said he received at least three letters in the past two weeks from Buthelezi’s office and had sent his response.

Xaba was frustrated by the “leaking of confidential letters” to his office and said he would not engage in such practice.

The letters to Xaba were in relation to allegations of malpractice by the municipality, which Buthelezi said still persists.

“The regressing trend of poor governance, lack of consequence management and maladministration in eThekwini is a cause for concern and may lead to a recommendation for escalated intervention from the provincial government.”

A response from the municipality will be added when it is received.

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