The Nelson Mandela Bay council is expected to decide on Thursday whether or not to suspend city boss Johann Mettler.
That is if the meeting will sit following the chaotic scenes which played out in the council on Tuesday where the fate of the municipal manager was meant to be debated.
Earlier in September, Mettler was given a notice of intention to suspend him on allegations of financial misconduct and he had seven days to give reasons why the council should not do so.
The allegations made against him by mayor Mongameli Bobani include:
● The alleged unlawful extension of the scope of a communications contract with Mohlaleng Media;
● The irregular appointment of former acting executive director of corporate services Vuyo Zitumane through her company Logodisa;
● The misappropriation of municipal funds for the implementation of the mSCOA [Municipal Standard Chart of Accounts] system;
● The irregular appointment and involvement of Gray Moodliar Attorneys in municipal affairs; and
● Giving incorrect or conflicting advice to the council in the matter involving DA councillor Mbulelo Manyati and whether or not there was a quorum at the August 27 council meeting.
In Mettler’s response to the allegations, seen by The Herald, he raises concerns about whether or not the disciplinary process would be fair.
Bobani told The Herald prior to the council deciding on his precautionary suspension that he was planning to suspend the city boss and actually had his letter on hand.
“It is on this account that I have grave concerns as to the process being undertaken and whether these representations or any others I may make will be given any, let alone due consideration,” Mettler wrote.
“The allegations against me are devoid of any details or factual basis which could reasonably cause council to believe that an act of misconduct or financial misconduct has been committed by me,” he said.
On the day he received his notice, the Hawks cleared Mettler of any wrongdoing in a case involving the purchase of a municipal building.
He pointed out that Zitumane’s appointment through her company Logodisa had been approved by the council. Also, all payments with regard to the mSCOA contract were done with the knowledge of the national Treasury, he said.
Mettler said Gray Moodliar were mandated to undertake disciplinary proceedings on behalf of the municipality from time to time and it was necessary to defend these cases as it could result in the reinstatement of staff who were dismissed for serious misconduct.
“A suggestion that I pursued a political agenda is a bald allegation and I am unable to respond other than to deny that there is any truth to it.”
Attached to Mettler’s response is a report from the forensic team which investigated the municipality’s contract with Mohlaleng Media.
It found that there was no fraud or wrongdoing on Mettler’s part in the contract.
Bobani has continuously spoken out about his belief that Mettler fraudulently signed an addendum to the main service level agreement, which he said did not exist.
The tender cap for the three-year communications contract was lifted from R10m and eventually R28m was spent in less than two years.
The findings of the Mohlaleng investigation by lawyers included that the “addendum” signed by Mettler was, in fact, a legally binding contract that replaced the original SLA which had never been signed.
In his report, advocate Richard Buchanan wrote: “The acting city manager [Mettler] was advised, on July 11 2016 that the item was approved at the bid adjudication committee (BAC) meeting.
“In the present instance it does not seem to me it can be reasonably contended that the city manager made or authorised any irregular expenditure.
“Certainly at the level of budget and treasury, indeed the level of BAC, greater care in ensuring that the expenditure remained essentially within the confines of the original approval of 2014 should probably have been raised before any further substantial expenditure was incurred.”
Bobani said irregular and wasteful expenditure incurred as a result of Mettler’s alleged misconduct totalled R250m.
Council minutes of the September 7 confidential session show that ANC councillor Litho Suka believed that from Mettler’s body language alone, he was not supportive of the new political leadership.
Responding to this, Mettler said: “I note with predetermination that my posture is insubordinate and intolerable and that the relationship of trust has been undermined.”
Mettler explained his actions at the August 27 council meeting in declaring a vacancy in the council after the DA handed him Manyati’s cessation letter was as a result of legal advice he received.
“In my capacity as accounting officer I was obliged to bring the DA’s letter to the attention of council and accordingly did so, ” Mettler said.