Another twist in Sol Plaatje municipal manager debacle

SOL PLAATJE municipal manager Thapelo Matlala could return to his desk next week if he succeeds in an urgent application to overturn his suspension.

The municipality withdrew an urgent application in the Northern Cape High Court on January 12 to prevent Matlala from entering the municipal offices in Kimberley to protect the integrity of disciplinary proceedings against him.

The charges relate to the awarding of a R25 million tender for the upgrading of the Roodepan and Legaeng pump stations, and the appointment of the chief financial officer.

Matlala reported for duty on January 5 with private bodyguards after his three-month precautionary suspension automatically lapsed on December 17. He was unable to enter as the locks and keys to his office had been changed.

The Speaker, Dipuo Peters, proceeded to lay charges of intimidation, citing fears for her safety as well as that of senior managers and staff, as the bodyguards were armed and were “unknown personnel” entering the municipal offices.

Matlala’s legal representative maintained that no one was threatened and that “there was nothing wrong with him beefing up security” since his suspension occurred under “chaotic circumstances”.

On the same date as his return, Matlala was instructed by a private law firm appointed by the municipality to vacate the building and return on January 6.

Members of the public objected strongly to Matlala’s return prior to the completion of the investigation.

An attempt was made to grind open the door last week following a special council meeting that proceeded to suspend Matlala again on January 8 for a further 90 days.

Opposition parties indicated that procedures were not followed as they were not permitted to vote for or against the motion to suspend him.

While his disciplinary hearing commenced on January 13, it was indicated in court papers that should disciplinary processes against a senior manager not be concluded within a three-month suspension period, it automatically lapses.

It was argued that the special council meeting was irregular and that no proper records existed of the resolution to suspend Matlala.

Matlala stated that the failure to allow him an opportunity to make written representations was an act of “gross unfairness and a brazen act of lawlessness”.

He believed that his right to work was being violated, while the absence of an explanation as to why he should not assume his duties as municipal manager was “unforgivable” and amounted to an abuse of power.

He described the suspension as “illegal and shameful”.

The charges

Matlala was charged for the cessation of a contract with True Build to Kapa Koni Investments for the upgrading of the Eagle Street and Legaeng pump stations in Roodepan in August 2022.

Payments were made to Kapa Koni Investments, although no work was rendered and the site was abandoned.

Mass community protests were staged over the stalled project as a result of constant sewage spillages.

The former acting director of Infrastructure and Services, Phetole Sithole, was suspended shortly after refusing to approve the R4.2 million payment due to the contractor’s non-compliance status and concerns that supply chain management processes were flouted.

He raised concerns as True Build had been paid R2.2 million for the site establishment of the Roodepan pump stations.

The R4.2 million payment was later signed off, where an amount of R500,000 was deducted from the main amount to pay the South African Revenue Service (Sars) on behalf of the service provider to assist them in becoming tax compliant.

Matlala has also been charged for the “irregular appointment” of the chief financial officer, where the appointment will have to be taken on review.

Need to restore public trust and order 

Sol Plaatje executive mayor Martha Bartlett, in court papers, pointed out that the “widespread public reaction, civic mobilisation and political sensitivity” surrounding Matlala’s conduct heightened the instability caused at the municipality.

She added that Matlala was facing serious charges, including interference in supply chain management processes, irregular appointments, abuse and misuse of financial resources, and financial misconduct.

Bartlett stated that personnel were alarmed by the presence of the armed security guards, while administrative duties were disrupted.