Fire Fani ruling by BCM inquiry

Fire Andile Fani, is the ruling handed down by an internal disciplinary committee into the conduct of the suspended Buffalo City Metro municipal manager.

Yesterday’s ruling came after Fani was found guilty on September 9 on all three charges levelled against him.

The matter will now be tabled before the BCM council at their next meeting, scheduled for next Wednesday. It is up to council to take a final decision on the matter.

Over the past two weeks, the disciplinary committee listened to evidence in mitigation and aggravation of sentencing.

But in the end, the internal disciplinary committee, led by Botha du Plessis, decided yesterday that he should be fired.

“Based on the argument placed before me, I am suitably persuaded that the employee be dismissed, as his misconduct was serious. His conduct had financial implications for his employer. His actions caused loss of public monies, valued extremely high,” Du Plessis wrote in his ruling.

Fani was put on suspension in August last year, after the metro’s chief financial officer, Vincent Pillay, submitted a report to the then mayor, Alfred Mtsi, that the accounting officer might have breached the Municipal Finance Management Act when he appointed Cape Town-based company Asla Construction to build houses in Reeston and supply top structures at a cost of R74-million.

The Grahamstown High Court nullified the contract last month, after it found Fani had extended Asla’s scope of work to cover Reeston even though the company had only been appointed to build houses in Duncan Village.

This was done without following proper procurement procedures.

The Dispatch reported yesterday that the charges Fani was found guilty of included:

lContravening procurement processes for construction of 453 top structures in Reeston’s stage three phase two;

lSigning a roads and stormwater tender with Asla without following formal competitive procurement processes; and

lBreaching procurement processes when he approved that Asla construct 550 additional top structures for the Reeston project.

Representing Fani at the hearing, Bridgette Beetge Magnus took issue with the fact the presiding officer had found her client guilty “without considering all the evidence”.

Du Plessis said Fani’s employment contract required him to act in the best interest of the employer and that all legislation had to be complied with.

“... the employee failed in his obligation and responsibility. The employee, in his opening argument, denied any guilt – it was a bare denial to his fiduciary responsibility. It would be very unlikely that he would show remorse if he was to testify.

“A combination of the fact that the employee refused to concede that his actions were contrary to the employer’s codes and his entire lack of remorse and the sheer weight of the evidence against him in the high court mitigated against the question of the continuation of the employment relationship,” he said.

The DC ruled that Fani’s contract be terminated, and the findings of the DC be reported to cooperative governance MEC Fikile Xasa within 14 days and where there was financial misconduct, auditor-general Kimi Makwetu.

Fani was advised he could refer a dispute to the CCMA within 30 days.

BCM council chief whip Mzwandile Vaaibom said the item would be tabled at next Wednesday’s council meeting.

“We are not aware of the developments but the mayor was asked at the last council meeting to present a report in our next council meeting on developments pertaining to the MM’s suspension. We will be able to comment once we receive the full report next week.”

BCM spokesman Sibusiso Cindi said they had yet to receive a report on the disciplinary hearing.

Fani could not be reached. — zineg@

dispatch.co.za