'Not corrupt and nobody's cat's paw' is the heading of a scathing retort by a top official in Makana Municipality to a recent media report naming him in connection with the Kabuso forensic audit report.
'Not corrupt and nobody's cat's paw' is the heading of a scathing retort by a top official in Makana Municipality to a recent media report naming him in connection with the Kabuso forensic audit report.
In a document given to Grocott's Mail Director of Corporate and Shared Services Mzukisi Madlavu claims an article in a regional newspaper which appeared on Wednesday 3 September contains "peevish and scurrilous accusations of wrongdoing" by political office bearers and officials of Makana Municipality.
The municipality was placed under administration on Thursday 28 August, in the midst of the latest of a string of water outages and worker protests and as the Kabuso report, the outcome of a forensic audit of Makana, was leaked to media.
"Although the Makana Municipality will, in due course, provide an official response to the distortions contained in the… report, one cannot but rail against the persistent distortions of the [newspaper]that impinge negatively on my integrity and respect as a community leader," Madlavu wrote.
"For purposes of record, Mzukisi Madlavu is not corrupt and nobody’s cat’s paw."
In the document, Madlavu notes inaccuracies and contextualises the criminal cases referred to in the newspaper report.
"The report makes reference to Emmanuel Madlavu, who was appointed as Director of Infrastructure by the Makana Local Municipality," Madlavu writes.
"For purposes of record, Makana Municipality does not have an employee called Emanuel Madlavu, and there is no Directorate of Infrastructure in its organogram. The Directorate is called Engineering and Infrastructure," Madlavu said.
In reference to the regional newspaper's apparent confusion between Engineering and Infrastructure director Emmanuel Thembinkosi Myalato and himself, the director of Corporate and Shared Services, Madlavu writes, "…Mzukisi Madlavu does not have a colonial name, referred to as Emanuel. Mzukisi Madlavu is the Director of Corporate and Shared Services."
Addressing the newspaper's references to criminal cases against him, Madlavu describes them as "backslide reporting".
Correcting the article, he says, "The State Security Agency report referred to actually makes reference to two cases of common assault and case of sabotage."
Madlazu says the newspaper's report that he was dismissed in 2010 by then minister Lulu Xingwana for misconduct and corruption is a "deliberate lie".
There is no record in government or anywhere else where it is stated that Mzukisi Madlavu is found guilty or suspected of corruption," Madlavu says. "I am not corrupt and nobody’s cat’s paw."
"The record of the CCMA as well as the report of the State Security Agency make reference to the case of common assault which took place at Hlobane in 1976," Madlavu writes. "In case number C.R. 43528 – The Hlobane case, in KwaZulu-Natal, the person assaulted, as indicated in the evidence led, was an apartheid spy.
"The assault of an apartheid spy also appears in the matter between Mzukisi Madlavu and the Department of Arts and Culture Case number GPBC 1397/2009. In this case argument is led to the effect that the apartheid system was a crime against humanity. Apartheid spies were obstacles to the attainment of freedom and democracy. An assault of an apartheid spy could not be conceived as a crime. This argument was presented to explain why this could not be conceived as a criminal case," Madlavu said.
"The Hlobane common assault of an apartheid spy in 1976 resulted in a sentence of R10 (ten rand) fine or 20 days imprisonment. An admission of guilt and payment of a small fine also occurred in relation to the second common assault which was a consequence of my response to incidences of racism in our country," Madlavu writes.
Madlavu said the third "so-called criminal case” referred to the case of sabotage, case number cc18/78 under Internal Security Act Number 74, section 54(3) of 1974.
"The case also appears in the South African Law Reports, October 1978 and is argued extensively under the heading “State versus Madlavu and Others," Madlavu said. "University law students and attorneys are familiar with the case. As a consequence of the case of sabotage. I was sentenced to 18 years imprisonment on Robben Island.
"On the 27th April 1991, I was released from the Robben Island prison in terms of Political Indemnity Laws under the Groote Schuur Minute.
Madlavu said the case of drunk driving referred to in the media reports referred to case number AF43528 in 2002. Madlavu said this was struck off the roll on the 24 March 2011 by magistrate Jebese. Advocate Ntsikelelo Sandi (instructed by Milli Attorneys).
"I appeared in court many times for the case to be heard. However, the case was struck off the roll. It is mischievous for the media to resuscitate a case that does not exist," Madlavu said.
"The Kabuso Forensic Investigation Report referred to by the media is classified as “strictly confidential” and it has not been tabled for discussion by the Makana Local Municipality," Madlavu said in his document.
"This aspect restricts my public response on the matter. Suffice to say, that at the appropriate time, when the written explanation is required, the explanation will show that when one or any person or institution sets a beggar on horse back he or she will ride to the Devil."
