Makana's suspended Municipal Manager Ntombi Baart faces legal action after serious charges of misconduct against her are being investigated.
Makana's suspended Municipal Manager Ntombi Baart faces legal action after serious charges of misconduct against her are being investigated.
The municipality appointed Grahamstown attorneys Smith Tabata as independent investigators who have recommended that disciplinary proceedings be instituted against Baart.
Baart received allegations against her on the 23 July while serving a 90-day suspension from office that began on Thursday 10 May.
Mandisi Planga, the municipality's director of Community and Social Services, has been acting municipal manager in the interim.
Executive Mayor Zamuxolo Peter confirmed that the main item on the agenda of a confidential council meeting held on Friday the 27 July was a report from attorneys Smith Tabata. The firm was appointed on 7 June to investigate Baart's alleged misconduct.
Grocott's Mail was barred from the meeting, but Peter stated that “The meeting was about the process of disciplinary action against the Municipal Manager. We agreed as the council that the process should be concluded within 90 days.” Peter said “In fact, we said within 30 days charges must be instituted against her.”
According to the agenda for the meeting, discussions were to have been held in terms of Section 6 of the Disciplinary Regulations for Senior Managers, 2010.
It was recommended that after considering the report from the investigators, the council should institute disciplinary proceedings against Baart.
Charges against senior management
* Poor audit results. The Auditor General issued the municipality successive disclaimers in 2009/2010 and 2010/2011, following an adverse opinion in 2008/2009. It is alleged in the document that she failed to provide sufficient audit evidence or any documentation, which resulted in municipality's bad audits.
* Irregular appointments of service-providers: As regards the appointments of and services rendered by Mubesko Africa, Fujitsu, NT Ritchie, Pay Day Solutions, Ubertech and Umhlaba Valuers unauthorised and/or irregular expenditure has been incurred and/ permitted by the Makana Municipality, the report reads.
Ironically, these were the same charges on the basis of which Baart axed chief financial officer Jackson Ngcelwane. Ngcelwane was subsequently found guilty on irregular expenditure, gross negligence and unauthorised expenditure made to Mubesko Africa, NT Ritchie and Ubertech.
* Contravening the municipality's recruitment and selection policy by head-hunting an employee for the position of Manager: Supply Chain Management. Baart also allegedly failed to declare her business interests with her involvement in the closed corporation, Temkwak Catering and Décor Services.
The Municipal Manger’s conduct in this regard amounts to fraudulent misrepresentation and is in contravention of the code of good conduct for municipal staff members … this constitutes serious (listed) misconduct, recommended the attorneys.
* Failing to insure municipal assets: The Municipal Manager has failed to comply with certain legislative duties and obligations to ensure that municipal asserts are safeguarded…, the allegations read.
Altogether the investigators identified eight charges of serious misconduct and said their recommendation to institute disciplinary proceedings was made on the basis of sufficient evidence to substantiate charges of serious misconduct.
Baart’s charges still unclear
Smith Tabata further recommended that Baart's suspension should remain in place until disciplinary proceedings had been concluded and that Council should give the Mayor the nod to appoint an independent external presiding officer. The Mayor would not confirm what the final charges are that Baart will face.
I cannot say what the charges are for now because she still needs to be served, Peter said. The meeting only happened on Friday, so she should get them today or tomorrow.
Democratic Alliance spokesperson Les Reynolds said he had missed the special council meeting on Friday, but that his colleagues had attended. It is difficult to make a [media]statement because we are bound by confidentiality, Reynolds said.
