Suspended KwaDukuza Municipality CFO lobbies for public access to hearing

Public access to the inquiry into suspended KwaDukuza Municipality (KDM) chief financial officer, Shamir Rajcoomar, remains uncertain despite the deadline having passed.

Following an adjournment on August 28, the arguments for and against access were heard by chairman of the inquiry, Advocate Ndumiso Xulu, on August 30.

Xulu adjourned the process until September 15 when the main hearing will begin, saying that the five applicants for public access would receive feedback by Monday this week at the latest.

No information on his decision was available at the time of print.

Arguing for public access to the inquiry on behalf of Rajcoomar and the other applicants, Advocate Saleem Khan SC, cited common law and statutory precedent in similar situations.

He focused on the decision made by Koen J in the Media 24 and Others vs Department of Public Works and Others case, heard at the Pietermaritzburg High Court in 2016, which allowed media access to the hearing.

Khan argued there were material similarities between the case and Rajcoomar’s given they both concern alleged misappropriation of public funds, which indicated fair public interest on the matter.

He further argued that Xulu in his appointed role as chairman had the power to make a ruling on access.

Critically, he said, Rajcoomar was one of the applicants for access in this case whereas the public works department lobbied against it on grounds of privacy and confidentiality.

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“I draw your attention to this because Rajcoomar does not object to media coverage, in fact promoting access to the public in furtherance of his stance for transparency. He wants everyone to know what the charges are,” said Khan.

Arguing against access on behalf of KDM and their legal representatives, Zuma and Partners, newly appointed counsel on brief, Advocate WS Kuboni, rebutted Khan’s points.

This despite a concern raised by Khan before the hearing had started, where he said that Kuboni should not be allowed to represent the municipality given he had been part of the investigation into Rajcoomar.

Khan said he could end up being called as a witness by Rajcoomar’s legal team and may be conflicted in the matter.

Nevertheless, Kuboni was allowed to continue and argued first that local government disciplinary regulations for senior managers did not give express power to Xulu to make a ruling on access.

He said there had not been wide enough media coverage on Rajcoomar’s suspension to justify public access, whereas the 2016 case had made national headlines.

Kuboni further cited KDM’s responding affidavit on the matter, signed by municipal manager Nhlanhla Mdakane, claiming media access would frighten KDM’s intended witnesses from presenting their case.

“You must weigh the right of the public versus the effectiveness of the employer to discipline their employee,” said Kuboni.

He said KDM would not object to the applicants sitting in during Rajcoomar’s presentations but argued that they should leave during KDM’s arguments and cross-examination.

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