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Nthatisi forces opposition to eat a humble pie


Staff reporter

Bloemfontein – The Executive Mayor of Mangaung Metropolitan Municipality, Gregory Nthatisi has forced the opposition in the municipality into eating a humble pie.

This after Nthatisi confirmed to this publication that disciplinary processes against all implicated employees were unfolding last month only for a legal opinion he sought halted the process.

STEPUPSANEWS can confirm the disciplinary process against against Sello More, City Manager will no longer take after Tshangana Attorneys recommended “unadvisable” to charge More.

The investigation by Tshangana Attorneys was about “the IPTN Forensic Report by KPMG which identified certain Senior Managers who are alleged to have been involved in serious acts of misconducts.”

According to paragraph 7.1.2.3 of the KPMG report, the following findings and recommendations were made:

  • that Mr. Sello More (Former Acting City Manager) be charged for the following:
    “For approving one payment to Black Top totalling R11 973 388, 33 (Incl. VAT) for, in the absence of a valid contract, which is inconsistent with the requirements of section 10 of the SOP Contract and Performance Management, and section 116 (2) and (3) of the MFMA.
  • We note that Mr. More is no longer employed by MMM”

The 59 page investigation report by Tshangana Attorneys in possession of this publication include interviews conducted with various role players from KPMG and Mangaung Metropolitan Municipality current and former employees who were directly involved in the IPTN.

While KPMG insists the contract expired, the MMM employees say the extensions of the contracts were valid.

In conclusion Tshangana Attorneys found:

MMM employees, in particular, Mr. Pitso Contract Manager and Performance, Mrs. Amarinda Marais, Mr. Pienaar, Mr. Molaba SCM Manager, have a common understanding, that if the Specific Appointment is done before the end of the Panel Appointment Contract, that appointment will continue until the work has been completed. In this regard, they all stated that the end of the term of the Panel Appointment Contract does not terminate the Specific Appointment, if the work has not been completed.

On the other hand, KPMG’s view is that the Special Appointment is a subcontract under the Main Contract, which is the Panel Appointment Contract, therefore, it cannot continue to exist beyond the term of the Main Contract (Panel Appointment Contract).

The reasons for KPMG ‘s findings that payment to Black Top totalling R11 973 388, 33 (Incl. VAT) for, in the absence of a valid contract is premised on the fact that the Panel Appointment Contract terminated on 30 June 2020, and work continued to be done and invoiced for after 30 June 2020. Their reasoning is that the end of the Panel Appointment Contract also terminates the Specific Appointment Contract.

On 09 November 2021 the Project Manager sent Memorandum to the Acting City Manager (Mr. Sello More) requesting the extension of the Specific Appointment contract for 45 days.

Recommendation:

“It is unadvisable to institute disciplinary proceedings against Mr. More as recommended in paragraph 7.1.2.3 of the KPMG Report dated 03 November 2023.“

The opposition in Mangaung were pushing Nthatisi to implement the report and it remains to be seen if the rest of the report will be implemented, same with criminal case opened by Nthatisi with Hawks.

This is a developing story.

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