The South African Communist Party has defended troubled Buffalo City municipal manager Andile Fani, saying he is being victimised for being in the way of people who wanted to loot municipal coffers.
SACP provincial secretary Xolile Nqatha yesterday said it was “unheard of” that the finding of an internal disciplinary hearing be based on the judgment of a court case in which the accused in the disciplinary hearing was not a respondent in the court case.
Nqatha was referring to the ruling by the disciplinary committee’s presiding officer, Botha du Plessis, in which he used a ruling of the Grahamstown High Court in the civil matter of BCM vs Asla Construction.
The court ruled in favour of BCM after Asla challenged the municipality’s decision not to pay work done at a Reeston housing project.
Fani had authorised the extension of Asla’s scope of work after the Cape Town based company finished a housing project in Duncan Village.
The Daily Dispatch reported in August that the high court nullified the R74-million contract after it found that Fani extended Asla’s scope of work to Reeston without following proper procurement processes.
Du Plessis used the ruling as a precedent, and found Fani guilty of all three main charges levelled against him in the disciplinary hearing.
Reacting to a Dispatch report on the matter, Nqatha said: “We view this as a grave injustice in a democratic dispensation – to be found guilty using the court judgment of another case.
“The court case judgment which is used to persecute Mr Fani had nothing to do with him but was a court case between the Buffalo City Metro and its service provider, and the judgment is being appealed by the party that was in court,” he added.
“The progressive labour legislations that we have actively fought for provides for any employee to be granted a fair disciplinary hearing, and Mr Fani cannot be an exception.
“We find it strange that he was never afforded an opportunity to present his case in the properly constituted disciplinary hearing.
“He was instead found guilty without that which is required by the South African rule of law, to hear both sides in any case.”
Fani’s fate is now in the hands of the BCM council which is scheduled to sit next Wednesday and discuss the DC ruling.
He joined the metro as an accounting officer in 2011, and went public about how he would do whatever it took to root out corruption in BCM.
He even hired bodyguards, saying corrupt individuals were baying for his blood due to his stance.
Nqatha said Fani was now a target because of standing for the truth.
“We are acutely aware that once you decide to stand for the truth and be on the side of the people, from that moment onwards you walk side by side with persecution, including death.
“We remain with our conviction that justice will prevail. We wish to express our unwavering support to him and his family having endured this pain for simply doing what is of service to our people,” added Nqatha. — zineg@dispatch.co.za
Looters plot Fani downfall, claims SACP leadership
SACP provincial secretary Xolile Nqatha yesterday said it was “unheard of” that the finding of an internal disciplinary hearing be based on the judgment of a court case in which the accused in the disciplinary hearing was not a respondent in the court case.
Nqatha was referring to the ruling by the disciplinary committee’s presiding officer, Botha du Plessis, in which he used a ruling of the Grahamstown High Court in the civil matter of BCM vs Asla Construction.
The court ruled in favour of BCM after Asla challenged the municipality’s decision not to pay work done at a Reeston housing project.
Fani had authorised the extension of Asla’s scope of work after the Cape Town based company finished a housing project in Duncan Village.
The Daily Dispatch reported in August that the high court nullified the R74-million contract after it found that Fani extended Asla’s scope of work to Reeston without following proper procurement processes.
Du Plessis used the ruling as a precedent, and found Fani guilty of all three main charges levelled against him in the disciplinary hearing.
Reacting to a Dispatch report on the matter, Nqatha said: “We view this as a grave injustice in a democratic dispensation – to be found guilty using the court judgment of another case.
“The court case judgment which is used to persecute Mr Fani had nothing to do with him but was a court case between the Buffalo City Metro and its service provider, and the judgment is being appealed by the party that was in court,” he added.
“The progressive labour legislations that we have actively fought for provides for any employee to be granted a fair disciplinary hearing, and Mr Fani cannot be an exception.
“We find it strange that he was never afforded an opportunity to present his case in the properly constituted disciplinary hearing.
“He was instead found guilty without that which is required by the South African rule of law, to hear both sides in any case.”
Fani’s fate is now in the hands of the BCM council which is scheduled to sit next Wednesday and discuss the DC ruling.
He joined the metro as an accounting officer in 2011, and went public about how he would do whatever it took to root out corruption in BCM.
He even hired bodyguards, saying corrupt individuals were baying for his blood due to his stance.
Nqatha said Fani was now a target because of standing for the truth.
“We are acutely aware that once you decide to stand for the truth and be on the side of the people, from that moment onwards you walk side by side with persecution, including death.
“We remain with our conviction that justice will prevail. We wish to express our unwavering support to him and his family having endured this pain for simply doing what is of service to our people,” added Nqatha. — zineg@dispatch.co.za
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