BCM city manager Andile Sihlahla is accused of “gross dereliction of duty” by the metro’s Municipal Public Accounts Committee (Mpac).
Sihlahla apparently contravened the Municipal Finance Management Act (MFMA) by missing deadlines to publish and submit revised annual and oversight reports. He should have submitted the reports seven days after adoption by the council in March, but only submitted them in May and June.
He submitted to the auditor-general on May 5, to provincial treasury on May 25 and to provincial cooperative governance and traditional affairs (Cogta) on June 13. He did not submit to the Bhisho legislature.
BCM Mpac chairwoman Zameka Kodwa-Gajula’s report, tabled in council last Wednesday, reads: “The committee views the conduct of the city manager as amounting to gross dereliction of duty and it is conduct that is sanctionable by council.
“It is now up to the council to intervene decisively on this matter.”
Angry ANC councillors – including deputy mayor Zoliswa Matana, Sindiswa Gomba and chief whip Mzwandile Vaaiboom – lambasted him for this noncompliance and failure to submit other crucial reports to council, including a land audit and a security risk report on the metro’s buildings. Sihlahla asked council for further extensions for the reports.
Kodwa-Gajula said Mpac was alerted to the MFMA contravention via an inquiry from Cogta. Her report reads: “It appears ... the conduct of the accounting officer displays one or all of the following:
Gross disregard for council and [its] resolutions;
High level of negligence; or
Lack of understanding of his legislated duties and statutory obligations.”
Despite sending a memo to Sihlahla requesting his response to the noncompliance, Kodwa-Gajula said no response was received although he was given a deadline. She writes: “The committee views this noncompliance to legislation and resolutions of the council in a serious light. The potential reputational damage to BCM council as a result is something that can’t be overlooked. It is clear the offices of the municipality are expected to [deliver] services in this regard.”
Mpac also highlighted a concern that Sihlahla had “consistently been absent” in public meetings held during the oversight process “without a reason and without any apology, even though he had received an invitation where it was clearly stated he was required to attend all the meetings to account for the work done by management”. She adds: “Consequence management steps [should] be considered.”
BCM spokesman Samkelo Ngwenya told the Dispatch yesterday that an assessment was under way as to how the reports got delayed.
He said: “With regard to the land audit report, this is not a matter where the city manager failed to submit the final report but rather it was supposed to be an extension report so as to allow the process of involving a third party into the issue of land audit to be resolved by bringing in an independent professional service to this complex matter.
“With regard to failing to submit an extension report, the city manager has since summoned the relevant departmental officials who failed to submit the extension report to account.”
It was misleading to say there was no report filed to council on the security assessment: “There was an extension report submitted ... so as to ensure we submit a comprehensive report to council.”
DA caucus leader Terence Fritz said: “We were on the brink of asking for a vote of no confidence in him. We have to take action. The worst answer he gave was to say he did not know the land audit report was not attached. The buck stops with him and we want the mayor to take action.”
Ngwenya said there was no investigation in place, but the Mpac report was sent to mayor Xola Pakati for his perusal...