MBDA audit debate stymied by appointment red tape

A meeting where the Mandela Bay Development Agency’s internal audit report was to be debated was cut short when councillors questioned the legality of the appointment of interim executive director Mpho Pebani.

The DA walked out of the economic development, tourism and agriculture meeting, and the ANC, EFF and Patriotic Alliance agreed that forging ahead without the DA would be a waste of time.

Pebani, who is a tourism director, was appointed acting head of the department after former executive director Anele Qaba was booted out earlier in October.

Qaba was one of four senior managers ousted by acting city manager Nobuntu Mpongwana. . 

Municipal officials said the chaos had put them in a precarious position as administrators.

Trade and investments director Lutho Nduvane complained that people travelling from East London to give their presentations had now made the trip for nothing.

“This puts us in a precarious position. When [Pebani] was appointed, immediately after that there was an e-mail from Anele Qaba saying that we must not recognise the acting city manager’s decision,” Nduvane said.

“The bone of contention — whether the municipality’s policy is followed — is neither here nor there. The reality of the situation is that she is there now and it can only be rescinded by council.

” How I wish that politicians could understand the plight they put us in as administrators,” he said.

The committee was meant to discuss the Algoa Bay aquaculture development zone, the proposed investment policy and the business plan for the Nelson Mandela Statue, among others things.

DA councillor Renaldo Gouws proposed the committee seek legal advice on whether the meeting could proceed.

“As the DA caucus we came here with the impression that we would have Anele Qaba, who was supposed to be the executive director here. I am not too sure who the acting executive director is,” Gouws said.

“The decisions that we make today, are they based on factual information? Are we not breaking the law by participating in a meeting that could possibly in retrospect have [comebacks] because of the dismissal of Qaba?”

Gouws said Qaba’s removal could be problematic.

“We are not going to remain here if Anele Qaba is not here. The decision was made without approaching the council and that is problematic. Would we be working through items legally? Are there repercussions for us as councillors who make decisions?”

EFF councillor Simphiwe Ntshiza was concerned that going ahead with the meeting without the opposition present would be a waste of time. 

“Those decisions we make may come back to us.”

Committee chair Marlon Daniels said he had initially had his own reservations about Pebani’s appointment.

“What the DA is asking is not unreasonable. Mr Pebani is by no means unqualified.

“If we look at the Systems Act, and we determine who can be an executive director, then he is indeed qualified,” Daniels said.