By Thys Khiba – The Free State Department of Cooperative Governance and Traditional Affairs (Cogta) MEC Toto Makume is playing his cards close to his chest regarding the allegations of political interference and misconduct against the Masilonyana Local Municipality Mayor Dimakatso Modise.
In a report seen by Central News and letter sent to the office of the MEC Makume and the head of department (HOD) Tshepiso Ramakarane, both of them are asked to investigate the misconduct of Modise.
The request letter is written by the suspended manager of legal services within the troubled municipality, Itumeleng Mogaecho. The request for investigation that is made by the suspended legal manager is in line with the Municipal Structures Amendment Act.
Makume is requested to investigate why the council did not hold Modise accountable for not acting on misconduct allegations of the former acting municipal manager Michelle Sello. This included the reports that looked into a variety of allegations.
The refusal by the mayor to table the report against Sello is alleged to be a breach of the legal duty which rests upon the Mayor in terms of Municipal Regulations.
The same report that was submitted to the mayor against Sello is also submitted by the suspended legal manager to the new acting municipal manager Dr. Solomon Motingoe, on 27 June 2023 and is allegedly not acting on it as per Municipal Regulations.
On May 12, Central News reported that the Cogta has granted the municipality concurrence to extend acting appointment of Sello as Municipal Manager, effective from 24 March to 15 June 2023, despite misconduct allegations that she is facing.
On 04 May 2023, the MEC for Cogta and Human Settlements Makume indicated that his office received the municipal’s request for a concurrence on appointing acting municipal manager, 24 March 2023.
Meanwhile, Sello’s appointment begin to be effective from 16 March 2023. Makume requested the municipality to submit a report in connection with the appointment of the municipal manager.
“Kindly submit to the MEC through the office of the HOD (hod@fscogta.gov.za) a progress report regarding the process towards filing the vacant position of Municipal Manager.”
Sello’s contract was extended by a further three months. It is alleged that the decision was taken by the council on Wednesday, 15 March 2023.
Meanwhile, Mogaecho submitted a report that suggested that Sello failed to pay third-party contributions for the months of January, March and May 2021. The report also established that Sello allowed an unauthorised payment of nearly R900 000 to a bogus service provider.
After being dragged to the Free State High Court by the alleged actual company, the municipality was instructed to pay the service provider, resulting in it paying two companies, one real and the other one bogus, an amount close to R900 000. Jet blasting to unblock sewerage drains in 2022, formed part of the services that were not paid to the service provider.
The reports by Mogaecho were not tabled to the council after being suspended by Sello. It is alleged that Modise refused to table the reports to the council after suspending Mogaecho. She was accused of failing to execute her duties as outlined in terms of regulations.
Modise sent two emails, that are reported as personal attacks on Mogaecho in response to misconduct reports implicating Sello, accusing him [Mogaecho] of being inconsistent.
“I’ve also observed how inconsistent you are with providing legal advice, depending on who you are dealing with. The point of reference is a payment made by the former acting municipal manager, Sipho Thomas, to Camelsa Consulting Group forR700 000 despite the fact that their contract had run its course. I’ve the reliably informed that you were knowledgeable about this payment despite its bona fide intention.
“I’ve been made aware that you drafted and tabled a report on validity of their contract at a meeting where both Cooperative Governance’s (Cogta) interventions team and the provincial were present.
“It has also been brought to my attention that these allegations were concocted after the Acting Municipal Manager was holding you accountable for being derelict in the matter of the suspended expenditure manager, Mr Diseko Ntsepe. If so proven, it will be deeply worrisome and border on the pure fabrication of allegations to preserve oneself from accountability or consequence management.”
The municipal spokesperson Zongezile Ntjwabule indicated that the appointment of Sello was effective from 16 March 2023 to 15 June 2023.
“The legislation (Municipal Systems Amendment Act) empowers a municipal council on good course shown to the relevant MEC, to appoint a senior manager to act as a Municipal Manager for an extended period of not exceeding 90 days, after the first period not exceeding 90 days has ended.”
Mogaecho confirmed the request and refused to comment further. Central News has learned that the suspended legal manager is now facing disciplinary inquiry.
Meanwhile, he is challenging his suspension at the Cape Town Labour Court claiming he was suspended for making a Protected Disclosure.
CENTRAL NEWS
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