Nelson Mandela Bay mayor Mongameli Bobani is being investigated by the Hawks for alleged fraud and contravening the Municipal Systems Act.
The case against him was opened in July by now suspended city manager Johann Mettler.
Details of the two allegations are contained in an affidavit from Hawks investigator Captain Henk Fourie, which formed the basis of a searchand-seizure warrant served on Bobani when his office was raided in October.
The affidavit – seen by The Herald – contains claims that Bobani, an ordinary councillor at the time, contacted an official at Absa bank and asked her not to issue a bond of security requested by Mettler in preparation for an application in the Port Elizabeth Labour Court.
“Bobani allegedly telephoned the coverage support manager at Absa bank to attempt to influence her not to issue a bond of security,” Fourie says in the affidavit.
It is believed Bobani told Absa that Mettler did not have the authority to request the bond of security – a claim seemingly viewed by investigators as misrepresentation of municipal information and interference with the duties of an accounting officer.
Fourie says Bobani allegedly made this call from his official municipal cellphone.
The Herald understands that Mettler needed to secure a bond of security from Absa for the municipality’s court review application involving former municipal legal services official Nobuntu Mgogoshe.
Mgogoshe had been fired six months earlier for alleged misconduct in relation to legal advice she gave to then CFO Trevor Harper to pay a company for CCTV cameras.
The metro said later the payments had been irregular and unlawful as there was no contract in place.
Mgogoshe won her case against the municipality at the SA Local Government Bargaining Council in June.
It ruled she be reinstated and paid R342,725 in backpay.
At the time Mettler, who believed the arbitrator “committed a gross irregularity in the conduct of the arbitration proceedings” and erred in applying the law, said he would apply to the Labour Court to set aside the award.
To proceed, he had to get a bond of security certificate from the bank to certify that the municipality had the funds to pursue the case in court.
Fourie says in the affidavit: “It is alleged that Bobani attempted to influence the municipal manager or any other staff member or an agent of the municipality not to enforce an obligation in terms of the act.”
He states further that Mettler opened a case of fraud and contravention of the Municipal Systems Act in July.
Section 119 of the Municipal Systems Act states that a person convicted of such an offence and sentenced to jail for more than 12 months – without the option of a fine – would be disqualified to be a councillor for five years after being convicted.
Hawks Eastern Cape spokesperson Captain Anelisa Feni confirmed that a case of alleged fraud and contravention of the Municipal Systems Act was being investigated.
“We are unable to release further information,” she said.
Absa spokesperson Phumza Macanda said the bank did not comment on its clients.
“[This includes] former, current or prospective clients.”
Port Elizabeth lawyer Danie Gouws, who is representing Bobani, said he was not a suspect and remained innocent.
“It is baseless and unfounded allegations and appears to now be a trial by media while also appearing to be politically oriented,” he said.
Gouws declined to comment further and Mettler also declined to comment.
Mgogoshe said she was unsure if the municipality was still pursuing the Labour Court review application against her as she had not been made aware of any developments by her lawyer.
She said she was still sitting at home.
“He [Mettler] wants to drain me financially even though I won my case. He did not even have a council resolution authorising him to take the matter on review, but he did it anyway.”
Mettler has been on suspension since September because of allegations of misconduct brought forward by Bobani.
Asked if she knew why Bobani would try to prevent Absa from issuing a bond of security for the city to pursue the case against her, Mgogoshe said: “I’m not aware of that.
“But remember, for a bond of security to be obtained by the municipality, there has to be a council resolution and there was never a council resolution in my case. So, maybe [Bobani] could have been trying to stop that. But I don’t know, I’m not sure.”
Bobani has previously stated that he believed Mgogoshe and other suspended black staff were victimised by Mettler and they should be brought back from suspension.
The Hawks affidavit also revealed an alleged corrupt relationship between Bobani and businessman Fareed Fakir, whose company, Heerkos Projects, benefited from multimillion-rand contracts from the municipality, most of which did not go through the proper tender processes.
Heerkos Projects allegedly paid R664,000 to Bobani between April 2014 and May 2015, according to the affidavit.