BCM boss Fani in the clear

BUFFALO City Metro manager Andile Fani is off the hook on a charge that he fudged his qualifications when he applied for the job.

Prosecutors yesterday withdrew the charges against Fani and co-accused Mothabela Kgolo Ephraim Makgato, who signed Fani’s certificate in municipal financial management from the Kgolo Institute.

By agreement with the state, Fani has not appeared in court since the case was enrolled in the East London regional court late last year.

He made representations to prosecutors after being served with the summons to appear, while Makgato made representations earlier this year.

The matter was repeatedly postponed pending the finalisation of the representations. In a brief hearing yesterday, prosecutor Elna Smit formally withdrew the charges against both accused, a decision which brought a broad smile to the braided Makgatho in the dock.

No reasons were given for the state’s changed stance, but the Daily Dispatch learnt that while the prosecutors were confident about their case initially, the charges were withdrawn after further investigations following the representations by the accused.

Complainant Sonny du Plessis said he would meet with his lawyers to decide on the next step, hinting at possible political pressure to drop the charges.

However, Smit told the Dispatch the decision to withdraw was made “without fear or favour”.

Fani said yesterday he had been “quietly and respectfully” waiting for the law to take its course, even as he was “ridiculed in the media and his dignity minimised” for his “alleged lean qualification”.

Speaking through BCM spokesman Keith Ngesi, Fani said he would call a media conference later to address the matter. “For now, the priority is his work that he’s been doing while this forced cloud was hovering above him … he’s got a demanding mandate.”

Makgatho said the charges against him and Fani were part of “an agenda” by someone in the city hall. “I know we are accredited qualified and we are an institution going from strength to strength.”

Fani was charged with fraud and with claiming on his curriculum vitae that he held a certificate in municipal financial management from Fort Hare at the time of his appointment process in 2011, although the certificate was not in his application.

At the time, he was three subjects short of the qualification from Fort Hare.

When asked by the shortlisting panel to submit the certificate, Fani submitted a certificate from the Kgolo Institute. Although there was some dispute around the validity of this certificate, it appears that – based on the list of courses completed – Fani had met the advertised specifications for his job.

Despite concerns about his qualifications, Fani was ultimately confirmed as municipal manager in March 2012 after acting in the position since 2010.

The panel agreed to shortlist him, allowing Fani to submit a copy of the certificate, and he was recommended as the panel’s preferred candidate to the executive mayor Zukiswa Ncitha.

A subsequent forensic investigation by KPMG cleared Fani of submitting dodgy qualifications.

The Dispatch has been told that the initial decision to prosecute was a “straight-forward” one, based on charges laid against Fani by Du Plessis.

The representations and additional investigations pointed to Fani having completed the stipulated 18 “unit standards” required for the position, although he did not complete the full certificate stipulated by the Local Government Seta until a year later.

It was only after Makgatho’s representations that the initial explanation of Fani’s qualifications were clarified.

Makgatho yesterday denied suggestions his company was getting favourable tender deals to provide services to the municipality.

“We apply like each and every person. There are tenders we do not get like every other company – we don’t get everything we apply for.”

The Dispatch previously reported that Kgalo Institute was given three informal tenders worth almost R500000 by BCM for team-building and training sessions. — rayh@dispatch.co.za

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