Chief Financial Officer (CFO) of the city of Matlosana local municipality, Mercy Phetla, who is facing charges of corruption and is currently out on bail, unsuccessfully asked the municipality not to suspend her, arguing that her presence at work would not jeopardise any investigation against her.
THE Chief Financial Officer (CFO) of the city of Matlosana local municipality, who is facing charges of corruption and is currently out on bail, has asked the municipality not to suspend her, arguing that her presence at work would not jeopardise any investigation against her.
Mercy Phetla was arrested and charged with corruption by the Hawks in January.
It is alleged that Phetla failed to declare a gift of a R1.4 million vehicle given to her by GMHM Construction, a local service provider that has a month-to-month contract with the City.
Her R35 000 bail was paid by the son of her co-accused, 49 year-old Nomthandazo Mokasule, who is one of two GMHM staff arrested and charged alongside Phetla.
Sunday Independent has since established that Phetla unsuccessfully wrote to the Municipal Manager arguing her pending suspension.
On a later dated April 23, 2024, titled “Notice of intention to suspend on allegations of misconduct // Senior Manager - Chief Financial Officer - Ms MM Phetla”, she denied all the allegations and pleaded with the council not to suspend her.
“Unfazed, she stated that the allegations levelled against her were made to further tarnish her “good name and reputation” for certain agendas to be advanced at her expense.
“In light of what I have stated herein, I plead with the Council to apply the principles and requirements of fairness and consistency when applying consequence management without rubber stamping any predetermined conclusion – precautionary suspension, which are clearly inconsistent with the principles as contained in section 3 of the Local Government: Disciplinary Regulations for Senior Managers, 2010.
“Prior to responding to the allegations, I wish to conscientise that there exists clear collaboration between certain individuals within the Municipality, the service providers and the media to perpetuate a certain narrative and/or public opinion about my persona and tarnish my reputation and career in society, especially after the public humiliation I have suffered in January after my arrest, of which in terms of the law I am presumed to be innocent, albeit narratives of my guilt being made by the said individuals and Court of public opinion as will be demonstrated hereunder.
“It is with great sadness to learn of the recent reports on social media and newspapers that are doing rounds about me having committed fraud of about 3 million rands and then the council took a resolution based on media reports to subject me to disciplinary actions. That being said, I wish to express my discomfort about the actions of the municipal manager to open a case against me with the SAPS even before receiving the response that has been requested through this council or exhausting all internal processes after the requested response, and I gave such a response.
“It seems therefore that I have already been found guilty by the media, the public opinion court, and the City of Matlosana Municipal manager retrospectively. It is my respectful opinion that the said narrative is deliberately being driven by the Municipal Manager, however, I reserve my rights to demonstrate that at an appropriate forum should there be such a need to do so,” Phetla wrote.
Explaining the other allegation where she is accused of approving a purchase requisition of store items to Variegated (Pty) Ltd at an amount of R2 901 000 in January for electrical material that was allegedly not delivered, she confirmed that she had approved the purchase, but insisted that it was delivered.
“I fully appreciate the seriousness of the allegations levelled against me, however, I consider the facts and evidence as tabled by the Municipal Manager to the Council to be insufficient to warrant suspension when juxtaposed with the extensive explanation provided as a response to the council.
“I therefore respectfully submit that the Municipal Manager has adopted an unfair approach into the matter and disregarded the principles as set out in section 3 of the Act, and that is demonstrated by her bias, unfair and inconsistencies in her correspondence. Furthermore. She could have conducted a fair investigation into the allegations in terms section 3(4).
“On the conspectus of all the facts and my version herein, I submit with respect that there are no exceptional circumstances from the allegations that warrants my suspension and I accordingly implore the Municipal Manager to carry out full investigation.
“I accordingly submit that I should not be placed on precautionary suspension as I have clearly not committed any misconduct and the allegations made are just made as a smear campaign to tarnish my good name, which I reserve my rights to deal with accordingly.
“I further submit that my presence at the workplace will not jeopardise any investigation into the alleged misconduct, if any, and I will not and have never endangered the well-being or safety of any person or municipal property and that my presence will not be detrimental to the stability of the municipality. I have never interfered with any potential witness in this matter since it came to my attention and I have never committed any further acts of misconduct, as suggested by the court of public opinion,” said Phetla.
Approached for comment, Phetla’s attorney Abrams Madira said that his client was never on suspension but on special leave.
“We implore you to gather your facts correctly with your allies prior writing to us and on that score we reserve our clients rights to deal with that at an appropriate forum.
“We further forewarn you not to publish that letter as it contains confidential information and that the publication thereof will constitute breach of our clients privacy as that letter is not intended for the public.
“In any way we have been instructed to deal with you at appropriate forums and refuse to comment on your nonsensical assertions,” said Madira.
Approached for comment, the municipal Manager Lesego Seametsa confirmed that she received the letter from Phetla and said that Council discussed the matter in detail.
“I am surprised that the letter was leaked. However, I can confirm that the Council sat and it resolved on the matter based on the reasons explained in the letter,” said Seametsa.
The Council resolved to place Phetla on suspension for 90 days.
thabo.makwakwa@inl.co.za