The inquiry into suspended KwaDukuza chief financial officer (CFO), Shamir Rajcoomar, has been temporarily halted following an interim order in the Durban High Court.
Passed in the court last Wednesday, the order came in response to two separate urgent applications surrounding issues within the inquiry.
The first, filed in the Pietermaritzburg High Court on September 14, concerned the denial of ratepayer bodies, the iLembe Civic Action Movement (ICAM) and KwaDukuza Residents Forum (KDRF) from being present in the inquiry.
The second, filed at the Durban High Court on September 18, was with regard to alleged material defects in two council resolutions to suspend Rajcoomar.
In light of the applications, the court suspended the inquiry until such point that the applications could be heard, and gave the KwaDukuza Municipality (KDM) until November 27 to oppose.
Put simply, the inquiry is halted until the courts either ratify decisions made by chairman, Advocate Ndumiso Xulu, or give relief in terms of the applications.
Rajcoomar was suspended in July over alleged financial misconduct around the use of multiple municipal bank accounts which caused unnecessary, fruitless and wasteful expenditure in bank charges.
The exact figure in question around the bank charges is still unclear, but it is believed to be in the tens of thousands of rands.
By comparison, the legal proceedings during the suspension and inquiry process have reached into the millions after multiple delays.
Responding to the interim order, both ratepayer bodies called on due process to be followed by KDM in the coming weeks.
“We kindly request that KDM conduct a thorough review of the legal expenses incurred in this matter and provide a detailed account of how and why such a substantial amount was spent,” said ICAM chairman, Walter Schotter.
“Additionally, we seek clarification on whose decision it was to embark on this seemingly wasteful legal journey. Transparency in this matter is essential to understanding the rationale behind these actions.”
KDRF chairman, Warwick Chapman echoed the sentiment.
He called on KDM to halt any further legal action, to not oppose the interim order and to take the matter back to a full sitting of Council where the charges could be tabled.
He said a report on the total funds spent on the legal action should be provided and the CFO reinstated immediately if the council overturns the suspension.
“We will not hesitate to approach the Public Protector to investigate the extent to which personal or political agendas were being pursued using public funds in the attempt to remove Mr Rajcoomar,” said Chapman.
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