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An immediate demand was made by the Golden Triangle Chamber of Commerce (GTCoC) to review the local Vanderbijlpark prosecutorial decision not to charge, arrest and bring Andile Dyakala to trial.
However, Dyakala still faces disciplinary action internally at ELM on the same complaint as well as a swathe of other abuse and smear campaign allegations towards even his superiors at the municipality and Provincial Government.
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Dyakala has also been instrumental, according to reliable sources, in plotting the false suspension of ELM Municipal Manager Lucky Leseane by Council which the Labour Court in Johannesburg set aside last week.
Ironically, Dyakala still has a court protection order in force against him – obtained by former acting Executive Mayor Khetiwe Ntombela – in connection with the very same issue.
Given the gravity and extent of gender-based violence and abuse in South African society – which directly undermines business and government productivity with other related psychosocial issues – prosecutors lost an opportunity to convey that such abuse is intolerable, the GTCoC said.
It is understood that Ntombela is “devastated and disempowered” by the news and will indeed only be formally informed of the decision later this week and only after the alleged perpetrator received knowledge of the decision.
“The prosecutor or prosecutors who made this decision not to charge Dyakala should be identified in the public domain and take accountability personally for their decision – they cannot hide behind bureaucratic anonymity on serious issues such as gender-based violence.
“Whatever the legal merits of this case, prosecutors have now sent a message that the powerful and politically-connected can act with impunity and this will ultimately also have a chilling effect on even the prosecution of anti-corruption cases.
“It is also not fair towards Andile Dyakala himself not to have his day and say in court – now speculation and suspicion will continue for ever if this decision is not reviewed immediately and the matter resolved by trial,” said GTCoC CEO Klippies Kritzinger.
Police confirmed on Monday that Dyakala would not be charged and would therefore not stand trial .
ELM has completed an explosive report on alleged gross misconduct by Dyakala – and Kritzinger says he also wants the unsuspended CFO investigated in connection with fake news and smear campaigns using official resources against business, media and political figures.
Dyakala has also been accused of meddling in politics and is seen within the ruling ANC as being responsible for its defeat in Tshwane, where Dyakala played a divisive role, according to informed sources.
“The pattern of abuse in all these issues is clear and remains in the public domain and social media space. Anonymous and blatant distortion of facts on social media accompanied by wild and unsubstantiated allegations against media, business and ELM figures – and then there is the personal abuse contact on social media as well,” said Kritzinger.
Vaalweekblad made several attempts to contact local Vanderbijlpark prosecutors but telephones rang unanswered.
Ntombela and ELM Municipal Manager Lucky Leseane were also not available to comment.