An official at the OR Tambo district municipality accused of swindling R4.6-million from municipal coffers is off the internal disciplinary hook for now.The internal hearing into the case has been postponed indefinitely pending a report on the criminal investigation into the allegations against her.
Lawyers have allegedly twice failed to provide accountant Nyameka Qongqo with a report on the status of the investigation into the fraud and misconduct charges.
A separate criminal investigation by the Hawks is still under way.
Qongqo was suspended last year after an internal investigation revealed she sought authorisation for R2.5-million to be paid into her sister Thumeka’s account in that it was being paid to a service provider.
A further probe by the Hawks into Qongqo’s dealings revealed she had transferred another R2.1-million to a close corporation owned by Thumeka.
The sisters bought a house in Gonubie, a new car, furniture and other household items, which were later seized by the Asset Forfeiture Unit (AFU).
Qongqo was arrested, but released without being charged.
The internal municipal ruling, seen by the Daily Dispatch, states that the hearing would not continue until the municipality had furnished Qongqo with the investigation report.
“When the matter was postponed, the employer had promised to furnish the other party investigation report and that had not happened.
“The matter therefore cannot proceed until the aforesaid report has been submitted,” the ruling reads.
The ruling handed down in June by the chairman of the disciplinary hearing, Mnoneleli Kohli, has been welcomed by the South African Municipal Workers’ Union (Samwu).
Samwu provincial organiser Vuyolwethu Mditshwa, who also represented Qongqo during the proceedings and spoke on her behalf, said the union had now filed papers for the suspension to be lifted and for the municipality to stop all disciplinary action against her.
“We would like to put it on record that the Labour Relations Act empowers the union to monitor the employer’s compliance with the workplace related laws and any collective agreement binding on the employer.
“It is evident based on the ruling of the disciplinary hearing presiding officer that OR Tambo municipality has simply failed to comply with both the Labour Relations Act and SALGBC collective agreement provisions,” Mditshwa said.
OR Tambo spokesman Ayongezwa Lungisa yesterday said the municipality would comment after meeting with the National Prosecuting Authority (NPA).
“The institution will meet with the NPA for a briefing on Thursday August20. Immediately after the meeting with the NPA, we shall have a press briefing,” Lungisa said.
NPA spokesman Tsepo Ndwalaza said the investigation on the state’s side was still continuing.
Meanwhile Thumeka, who has been fighting to retain the seized Gonubie home, may finally move out after the property was registered in the new owner’s name.
The property was auctioned two months ago for R1.2-million, R600000 less than the original price of R1.8-million she paid for it.
Thumeka had resisted eviction after the AFU tried to remove her from the property. She approached the courts demanding to be brought back as the eviction infringed on her right to access shelter.
Various court orders were sought by both the state and Thumeka – one trying to evict, the other trying to prevent eviction.
Thumeka’s lawyer Akhona Pele of Pele Attorneys said Thumeka was still occupying the property “rightfully” and that she had not moved out.
According to information with the Registrar of Deeds, the property – previously registered under Thumeka Qongqo – is now under the ownership of Sea Heights Trust.
R4.6m fraud accused off hook
Lawyers have allegedly twice failed to provide accountant Nyameka Qongqo with a report on the status of the investigation into the fraud and misconduct charges.
A separate criminal investigation by the Hawks is still under way.
Qongqo was suspended last year after an internal investigation revealed she sought authorisation for R2.5-million to be paid into her sister Thumeka’s account in that it was being paid to a service provider.
A further probe by the Hawks into Qongqo’s dealings revealed she had transferred another R2.1-million to a close corporation owned by Thumeka.
The sisters bought a house in Gonubie, a new car, furniture and other household items, which were later seized by the Asset Forfeiture Unit (AFU).
Qongqo was arrested, but released without being charged.
The internal municipal ruling, seen by the Daily Dispatch, states that the hearing would not continue until the municipality had furnished Qongqo with the investigation report.
“When the matter was postponed, the employer had promised to furnish the other party investigation report and that had not happened.
“The matter therefore cannot proceed until the aforesaid report has been submitted,” the ruling reads.
The ruling handed down in June by the chairman of the disciplinary hearing, Mnoneleli Kohli, has been welcomed by the South African Municipal Workers’ Union (Samwu).
Samwu provincial organiser Vuyolwethu Mditshwa, who also represented Qongqo during the proceedings and spoke on her behalf, said the union had now filed papers for the suspension to be lifted and for the municipality to stop all disciplinary action against her.
“We would like to put it on record that the Labour Relations Act empowers the union to monitor the employer’s compliance with the workplace related laws and any collective agreement binding on the employer.
“It is evident based on the ruling of the disciplinary hearing presiding officer that OR Tambo municipality has simply failed to comply with both the Labour Relations Act and SALGBC collective agreement provisions,” Mditshwa said.
OR Tambo spokesman Ayongezwa Lungisa yesterday said the municipality would comment after meeting with the National Prosecuting Authority (NPA).
“The institution will meet with the NPA for a briefing on Thursday August20. Immediately after the meeting with the NPA, we shall have a press briefing,” Lungisa said.
NPA spokesman Tsepo Ndwalaza said the investigation on the state’s side was still continuing.
Meanwhile Thumeka, who has been fighting to retain the seized Gonubie home, may finally move out after the property was registered in the new owner’s name.
The property was auctioned two months ago for R1.2-million, R600000 less than the original price of R1.8-million she paid for it.
Thumeka had resisted eviction after the AFU tried to remove her from the property. She approached the courts demanding to be brought back as the eviction infringed on her right to access shelter.
Various court orders were sought by both the state and Thumeka – one trying to evict, the other trying to prevent eviction.
Thumeka’s lawyer Akhona Pele of Pele Attorneys said Thumeka was still occupying the property “rightfully” and that she had not moved out.
According to information with the Registrar of Deeds, the property – previously registered under Thumeka Qongqo – is now under the ownership of Sea Heights Trust.
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