Media Statement from the Office of the Public
Protector of the Republic of South Africa Adv Mabedle Lawrence
Mushwana
Pretoria
29 Septemeber 2005
(Report on an investigation into allegations of improper
conduct by the municipal council and official of the Indaka
local municipality)
The Office of the Public Protector (OPP) investigated
allegations of irregular appointment and fraudulent
misrepresentation of qualifications by the municipal manager and
the housing manager, respectively, of the Indaka Local
Municipality in KwaZulu-Natal.
The investigation was instituted following allegations
published in the Sowetan on February 12 2004, and a subsequent
complaint lodged with the Public Protector�s office in KwaZulu-Natal
by unidentified �ANC Councillors� last year.
The investigation found that the appointment of Mr S Mbhele
as municipal manager did not comply with the provisions of
section 82 of the Municipal Structures Act; 1998, as he lacked
relevant experience at the time of his appointment.
Although subsequent to his appointment, Mr Mbhele improved
his knowledge and skills in matters of local government. He has
also gained substantial experience as municipal manager in the
four years since his appointment.
The investigation also found that the submission by Mr N D
Hadebe of a forged certificate when he applied for the position
of housing manager amounted to criminal conduct that should be
further investigated.
Mr Hadebe had been employed by the municipality as Committee
Clerk, prior to his application. In his application, Mr Hadebe
indicated that he held a Diploma in Human Resource Management
from the M L Sultan Technikon, which he obtained in 1998.
After his appointment, Mr Hadebe, however, withdrew his
application stating that �due to the facts that I have interests
and relations with some of the building constructions, and also
that being in a contractual position would jeopardize my
longstanding financial plans and savings�.
Mr Hadebe was allowed to return to his position of committee
clerk. However, on June 9 2004, he resigned, allegedly after his
misrepresentation to the municipal council was revealed. On July
1, he withdrew his resignation.
As far as it could be established, no disciplinary action has
been taken against Mr Hadebe in connection with the forged
certificate that he apparently submitted to the municipal
council in support of his application.
The investigation recommended that the KwaZulu-Natal
Provincial Commissioner of the South African Police Service
(SAPS) institute an investigation into the apparent criminal
conduct of Mr Hadebe and, the municipal council of the Indaka
Local Municipality institute a disciplinary enquiry into the
conduct of Mr Hadebe.
The OPP further recommended that the MEC for Housing, Local
Government and Traditional Affairs of KwaZulu-Natal assess the
competency of Mr Mbhele to continue in his current position as
municipal manager and take steps to assist the municipality to
improve his skills, should it be necessary.
Issued by Selby Bokaba
Spokesperson for the Office of the Public Protector
Tel: 012 366-7006
Cell: 082 496 8463
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