On 29 November 2012, the Democratic Alliance laid a criminal charge with the SAPS against the former Acting Municipal Manager of the Nelson Mandela Bay Metropolitan Municipality, Mr. T Hani.
The charge was made in terms of Section 173 of the Municipal Finance Management Act 56 of 2003. This section deals with financial misconduct and the onus on accounting officers to inter alia, combat corruption and implement supply chain management policies.
There was a duty on Mr. Hani to act in the best interests of our municipality and take all reasonable steps to prevent corrupt practices. We believe there is evidence pointing to Mr. Hani’s failure in adhering to the prescripts of the laws governing municipal finances by allowing a supply chain management official to continue working in an environment where tenders could possibly be manipulated.
On 15 August 2012, Mr. Hani appointed a supply chain management official to the Bid Evaluation Committee (tender committee) of the NMBM, knowing that this official was being investigated for alleged tender irregularities by the municipality.
Further, knowing of a completed investigative report into another tender wherein this official was implicated and is appearing before the Commercial Crimes Court in December, based on a report that was completed in December 2010.
We are currently assessing Mr. Hani’s actions and omissions in matters relating to possible unnecessary litigation that could be regarded as fruitless and wasteful expenditure on his part in terms of the Municipal Finance Management Act. Accounting officers of municipalities must understand with handsome salaries (In Mr. Hani’s case over R1 million per annum), comes a responsibility to uphold and implement the law.
The Democratic Alliance will, without fear or favour, hold any official acting outside of the law to account.
Cllr Leon De Villiers