EThekwini Mayor Cyril Xaba threatened to go to court if Cogta MEC Thulasizwe Buthelezi continued to interfere with the city’s consequence management processes. Picture: Supplied
ETHEKWINI Mayor Cyril Xaba and Cooperative Governance and Traditional Affairs MEC Thulasizwe Buthelezi are butting heads over the governance of the municipality.
At the centre of their spat are allegations of fraud and corruption implicating municipal managers.
The situation between the two leaders have become so strained that Xaba has threatened Buthelezi with legal action.
Xaba has warned Buthelezi to stop leaking letters meant for his office to the media, threatening to approach the court to interdict Buthelezi from interfering with the council’s affairs.
Xaba on Friday expressed concern about how Buthelezi was handling the correspondence between his office and the department, describing the leaked letters as distasteful and beneath the stature of the two institutions.
Xaba also dismissed accusations made by the department that his office had not responded to the letters the MEC had written for his attention, and made a veiled threat to release these letters to the public.
“It is certainly beneath the stature of both our offices to conduct our communication in this fashion.
“I plead with the MEC once more, to desist from publicising the details of his communication to me prior to favouring me with same,” said Xaba.
Buthelezi had sent four letters to Xaba so far, the latest issued on Wednesday.
Xaba said that he had responded to all of Buthelezi’s letters.
He also cautioned the MEC against interfering with the city’s internal disciplinary processes, describing any ultimatums given by Buthelezi as an abuse of power.
This was in relation to a statement issued on Wednesday in which Buthelezi indicated that he had given the municipality 72 hours to reverse its suspension of the deputy city manager for trading services, Sibusiso Makhanya.
“It is surprising that when the city is applying consequence management, the MEC is issuing an unlawful ultimatum, instead of assisting the process.
“The mayor construes this as nothing but naked abuse of power. For this reason, the mayor will seek the court’s protection, should the MEC continue with these tendencies,” said Xaba’s spokesperson Mluleki Mntungwa.
Makhanya was suspended on September 13 for allegedly neglecting his duty which cost the municipality R70 million or part of it, including R6.6m in interest and legal costs. He ignored the instruction to direct the city’s legal department to go to court to oppose an application brought by Africa Utility Solution (AUS), which claimed that the city owed it R63.5m for installing prepaid electricity meters.
“The purported precautionary suspension of Mr Makhanya is in violation of the Local Government: Disciplinary Regulations for Senior Managers 2010 and thus amounts to maladministration,” said Buthelezi.
Earlier this week when addressing the Exco meeting, Xaba revealed that while Buthelezi said his department had received reports, some from whistle blowers, alleging fraud, corruption, maladministration and statutory non-compliance within the municipality, the leadership was not aware of this.
In the meeting, the mayor also expressed concern over the pattern of leaks of the correspondence meant for his office.
“I don’t believe that leaking confidential letters to the media is the best way to conduct business between the city and the province. We will not respond to MEC Buthelezi via the media.
“I have responded to the MEC and our letter has not been leaked because we don’t believe in trying to score political points,” Xaba stressed.
Provincial Cogta spokesperson Senzelwe Mzila declined to respond to a list of questions sent to him.
“The department won't engage on this matter, you can refer the questions to the eThekwini Metro,” said Mzila.
Xaba insisted that the leadership welcomed any form of support from all spheres of the government, but stressed that any support offered must be aimed at assisting not to find reasons to sink the metro.
ANC caucus spokesperson and Exco member councillor Nkosenhle Madlala warned that spreading of such information based on innuendo had the potential of setting the city back on its investment ambitions.
“We should not be easy on corruption,” said Madlala who warned about the negative impact of unproven rumours.
Economic Freedom Fighters (EFF) Exco member Bhekithemba Mvubu said it was concerning to observe the spat between the two structures, warning of the long-term effects it could have.
“Rating agencies are always observant of what is happening, and when there are spats and accusations of corruption and maladministration they should be ironed out,” said Mvubu.
He added that as the ANC and IFP had a working relationship at the national and provincial level they should sort out their differences.
“They made their bed and should lie in it,” he said.
Local government expert Professor Zwelinzima Ndevu said it was important for the leadership of the two structures to iron out any differences that have the potential to impact the city’s ability to deliver services.
Ndevu said it was common for provincial and local structures to be at loggerheads. However, it was concerning when it was a regular feature.
“The matter needs political maturity from the two structures so that it does not get worse,” said Ndevu.
He stressed that the communication between the two offices should be more direct to avoid confusion and unnecessary tension.
DA caucus leader in the council Thabani Mthethwa also called on Buthelezi to give the municipality evidence provided to him by whistle-blowers about corruption in the municipality.
Mthethwa said making allegations without information to back it up, would be tantamount to mud-slinging.
“This dark cloud is not good for the image of eThekwini, is not good for the eThekwini investors, which is why if there are cases we must deal with them as quickly as possible so that we clear the dark cloud.
“If there are people who need to be rooted out of the system, so be it,” said Mthethwa.