MEC calls for Municipal probe but meeting deadlocks

The drama at Endumeni Municipality continued on Monday, when a meeting where an advocate, appointed by the MEC, would have been introduced to Council to probe alleged breaches of the code of conduct, became tied up in a three-hour debate.

Nomsa Dube-Ncube, MEC for Co-operative Governance and Traditional Affairs (COGTA), sent Advocate Sandile Kuboni to Endumeni to investigate allegations of breaches of the code of conduct, various acts of violence, general lack of service delivery and the apparent anarchy that reigns at the municipality.

In a letter to Speaker Mdluli dated January 31, the MEC said she is of the opinion that various Councillors may have acted contrary to the code of conduct. She requested that Councillors and officials co-operate with Advocate Kuboni during his investigation, ‘as any failure to do so will be viewed in a serious light’.

The MEC will act once the advocate’s findings and recommendations had been submitted.

However, Monday’s meeting in which Advocate Kuboni was to have been introduced to Councillors once again ended up in a divisive debate between the 12 Councillors over the legitimacy of the presence of Municipal Manager Thabani Biyela, an issue that was raised by the DA’s Essop Adam.

Speaker Mdluli said that Mr Biyela had signed the notice of the meeting, which was illegal, as Council had confirmed his suspension at a meeting in December.

However, Mayor Thulani Mahaye and five other Councillors – made up of a mix of ANC, IFP and the lone NFP Councillor – did not agree, saying that a meeting in September had uplifted his suspension.

Speaker Mdluli, his two ANC colleagues and the three DA Councillors believe that that meeting was not quorated, while the December one was.

Speaker Mdluli asked that a vote be taken on the issue but Mayor Mahaye rejected this. The Council is divided six-six on the issue, but the act allows the Speaker to have the casting vote in the event of a deadlock.

He was also hesitant to allow Advocate Kuboni to address a meeting in which Mr Biyela was deemed to be the legal municipal manager.

The debate raged on while Advocate Kuboni and his COGTA colleague, Lionel Pienaar, observed. Again, there was a police presence in and outside the municipal building.

Mr Biyela told the meeting: “As a mature person I do not mind stepping down from my post at this meeting and sitting in the gallery.” He also insisted that it was Councillor Dlamini who had ‘met with acting Municipal Manager Advocate Brijraj at a local B&B to sign the letter re-instating Advocate Brijraj on behalf of Speaker Mdluli’. He also claimed there was ‘video evidence’ supporting his claim.

Eventually Mayor Mahaye asked that he and his two executive committee colleagues, Deputy Mayor T Mkhize and Anthon Raubenheimer, leave the Chamber to caucus.

When they returned the Council went into committee, meaning that the public had to leave the gallery.

Later, Speaker Mdluli said it had been agreed that a ‘workshop be held where Council thrash out the Biyela issue, following which Advocate Kuboni be introduced and he be allowed to start his investigation as per the instructions of the MEC’.