Council suspends Buffalo City boss

Buffalo City Metro municipal manager Andile Fani has been placed on precautionary suspension pending the outcome of an independent investigation into his handling of the city’s finances.

Chief financial officer Vincent Pillay was appointed as acting municipal manager, a move which caused discontent among the opposition.

The PAC’s Jerome Mdyolo said tender processes might be compromised because the man tasked with authorising decisions of the adjudication panel would also be liable for authorising payments, “a clear conflict of interests”.

Executive mayor Alfred Mtsi would not be drawn into discussing the reasons for appointing Pillay as Fani’s replacement until the end of the investigation.

“Yes, we have written a letter informing him that he is under precautionary suspension effectively from yesterday. I believe he did receive it.”

Fani could not be reached for comment at time of writing.

Mtsi said the suspension was over allegations of financial misconduct against the city boss.

“This matter was brought to our attention in August. We then reported the matter to the council. In light of the nature of the allegations, regardless of the validity of the investigation, the view was that his presence would not be necessary while the investigation is taking place.”

The investigation will look into allegations that a construction company was paid more than R2-million despite no budget approval.

The company has billed the metro more than R7-million, a claim which will add to the metro’s unauthorised and wasteful expenditure.

Fani’s conduct relating to a senior manager’s accusation of intimidation and harassment after he allegedly left a threatening voicemail will also be investigated.

Daily Dispatch reported on a voice message the South African Municipal Workers’ Union submitted as evidence in a case filed against Fani by Siyabulela Peter.

In the message, Fani allegedly claimed job requirements were downgraded to accommodate Peter.

Mtsi confirmed receiving a response from Fani’s lawyers, which was tabled at yesterday’s confidential meeting.

The mayor said the timeframe of the investigation would be 30 days.

“The focus will be on looking at the validity of the allegation and subsequently, if there are sufficient grounds for charges to be formulated, then charges will be officially formulated and the actual disciplinary process will start, with a presiding officer and a prosecutor who will be appointed. Council pronounced that in the interim the CFO will act as the municipal manager,” said Mtsi

DA chief whip councillor Olwethu Ntame said the party supported the motion to suspend Fani “because no one is saying he is guilty or not. But he must give space for the investigation”.

The PAC, however, defended Fani and criticised Pillay’s appointment as acting municipal manager (MM). Mdyolo said ANC councillors who tabled the motion were “just postmen” acting on their bosses’ orders. “There is no basis to suspend the MM. There are no compelling grounds. We do not support this move,” said Mdyolo.

The PAC objected to the appointment of Pillay as acting municipal manager.

Mdyolo said Pillay’s office had compiled some of the charges against Fani on allegations of maladministration

“This is a clear case of conflict of interests. The CFO is the one implicated in some of these charges .

“How can Pillay hold a position where he will authorise recommendations and also be the one making payments,” said Mdyolo.

ANC chief whip Mzwandile Vaaibom said the party was fully behind the mayor’s handling of the case. “His suspension does not suggest in any way that the MM is guilty,” said Vaaibom.

The African Christian Democratic Party’s Luke Quse refused to comment yesterday.

“We can’t comment on confidential items until they are declared otherwise,” said Quse.

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