Ethics committee finds KZN mayor and deputy accused of abusing state resources not fit for office

Mayor Mncedisi Maphisa. Picture: Facebook

Mayor Mncedisi Maphisa. Picture: Facebook

Published Oct 26, 2022

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Durban - A special ethics committee investigation report has found that Abaqulusi (Vryheid) mayor, Mncedisi Maphisa, and his deputy, Mandla Mazibuko, all from the IFP, are not fit to continue holding public office.

This is contained in a leaked report (presented behind closed doors) which showed that municipal resources were abused to get Maphisa an extra bodyguard, and hired cars which were then abused.

Maphisa was accused of having also deliberately delayed the hiring of a municipal manager he never liked – but the ethics committee cleared him on that one.

The investigation was initiated after it was alleged that Maphisa was using a hired car and an extra bodyguard without a council resolution and having the necessary SAPS threat analysis as dictated by the Department of Co-operative Governance guidelines.

Furthermore, it was alleged that Maphisa had his car fitted with blue lights.

He has also been accused of assaulting a member of the community whose car was involved in a car accident with his car.

It was alleged that he assaulted the man together with his three bodyguards. When an old woman believed to be the mother of the victim tried to intervene, she was also manhandled.

The committee could not make a finding on this matter since there is a pending investigation by the SAPS after charges were pressed against Maphisa and his bodyguards.

On the part of Mazibuko, he was accused of using a municipality-owned vehicle to transport a fellow councillor to the Zululand district municipality in Ulundi.

The Speaker of the council, Michael Mkhonyovu Khumalo was accused of neglecting his duties by not ensuring that all the offences levelled against Maphisa and Mazibuko were prevented.

In overall findings, the committee said by hiring an extra bodyguard and a car, the northern KwaZulu-Natal municipality which is facing serious service delivery challenges, incurred a fruitless and wasteful expenditure of almost half a million rand.

“The action of appointing an extra VIP Protection guard and back-up vehicle by Hon Mayor was in contravention of KZN Cogta Circular No: 33 of 2020 in that no SAPS threat analysis was carried out and Section 32(1)(d) of the MFMA in that it exposed the municipality to unauthorised irregular, fruitless and wasteful expenditure to an amount of R513 063.30,” reads the report seen by IOL.

The committee then said the conduct of Maphisa and Mazibuko made them unfit to hold public office.

“The deliberateness and seriousness of the Hon Cllr Maphisa and Hon Cllr Mazibuko’s misconduct leads to a conclusion by the committee of their unfitness to continue holding their offices, as office-bearers of Abaqulusi  Council.”

In the end, the committee recommended that action be taken against the three since the hired vehicles were still being used without a council resolution.

“The leased vehicles are still being used without any council approved policy. There is also no evidence of an SCM process followed to extend the leasing of vehicles in question beyond approved 90 days (December 3, 2021 to March 3, 2022).

“Any extension of a contract without following the relevant SCM  processes is in contravention of MFMA Circular No 62 and exposes the municipality to irregular expenditure in terms of Section 32 of the MFMA.

“The allegation against the Hon Speaker is unfounded, according to minutes, he voiced concerns and disapproval of the illegality of the usage of municipal vehicles without policy at Troika meeting, the Hon Mayor and Hon Deputy Mayor ignored such concerns. Total cost of renting the two vehicles stood at an amount of R469 041.21 at March 31, 2022.

“The committee recommends for council to consider taking corrective measures against the above set out misconduct by the Hon Mayor, Hon Deputy Mayor, and implicated officials for exposing the municipality to unauthorised (no council approved policy on their usage of vehicles) irregular (continued usage of vehicles beyond expiration of approved Regulation 36 of MFMA deviation period of 90 days) and wasteful expenditure (other options were available and presented by the acting municipal manager and were simply disregarded).”

On Wednesday Maphisa told IOL that they were given 21 working days to submit their responses regarding the findings.

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