EXTRACT FROM MINUTES
OF THE SPECIAL CONFIDENTIAL MEETING OF THE COUNCIL OF THE CITY OF CAPE TOWN HELD IN THE COUNCIL CHAMBER, 6TH FLOOR, PODIUM BLOCK, CIVIC CENTRE, 12 HERTZOG BOULEVARD, CAPE TOWN, ON FRIDAY, 05 JANUARY 2018 AT 10H00
LOCAL GOVERNMENT: DISCIPLINARY REGULATIONS FOR SENIOR MANAGERS, 2010 AS PUBLISHED IN GN 344 IN GG 34213 DATED 21 APRIL 2011 – TO CONSIDER THE INDEPENDENT INVESTIGATOR’S REPORT TABLED BEFORE COUNCIL IN TERMS OF REGULATION 5(5)
Council notes the report received from the Independent Investigator, Bowman Gilfillan Attorneys (Bowmans), dated 29 December 2017, and accepts it recommendations.
Council notes the allegations in Sections 9.12, 9.16 and 9.17 of the report that the Executive Mayor prevented the City Manager from reporting the allegations against Commissioner Whitehead to Council, and directs that an investigation be conducted into the matter.
Council accepts the recommendations that no disciplinary action be taken at this stage against the Executive Director: Directorate of the Mayor, Craig Kesson.
Council determines that the allegations made against the City Manager, Achmat Ebrahim, in sections 9.12, 9.16 and 9.17 of the report, are of a serious nature and institutes disciplinary action against him.
Council determines that the allegations made against the Commissioner of the Transport Development Authority, Melissa Whitehead, in sections 9.14, 9.16, 9.17 and 9.21 of the report, are of a serious nature and institutes disciplinary action against her.
Council notes that as the Executive Mayor and City Manager are conflicted in this matter, it would be impractical and inappropriate for them to be tasked with the appointment of the Presiding Officer and Officer to Lead Evidence.
Council therefore tasks the Audit and Performance Audit Committee (APAC) to appoint the independent and external Presiding Officer and the Officer to Lead Evidence, as required in terms of Regulation 5(7) of the Disciplinary Regulations for Senior Managers and authorises the APAC to sign the appointment letter. In the performance of this function, the APAC will lead and direct all administrative and related processes, with the necessary support of the relevant City services, including Supply Chain processes. An external legal advisor is to be appointed to assist the APAC.
The City Manager or Acting City Manager must provide the APAC with the necessary resources and all necessary support to carry out their mandate.
The Officers so appointed must carry out the disciplinary process against the City Manager, Achmat Ebrahim, and the Commissioner TDA, Melissa Whitehead, in terms of the processes and procedures as contained in the Disciplinary Regulations for Senior Managers.
The Officer to Lead Evidence is also tasked to investigate the allegations discussed in sections 9.12, 9.16 and 9.17 of the report, by the City Manager against the Executive Mayor, Patricia de Lille, with respect to her preventing him reporting to Council allegations against Commissioner Whitehead, and to report his/her findings to the Speaker to consider in terms of disciplinary procedures for Councillors.
The Officer Leading Evidence is authorised to carry out any further investigations as recommended in the report as related to the above disciplinary action. He/she will have full unrestricted access to any Council document, system, Councillor, member of staff or contractor or advisor, without the need for any further approval.
Bowmans be appointed to investigate the allegations made by Cllr Hadebe concerning the contracts with BYD, the allegations made by Mr Mike Evans in respect of inter alia, alleged tender irregularities, and any other matter that may have arisen in the course of their previous investigation, or may arise, for reporting via APAC of their findings and recommendations to Council.
Any Councillor, member of staff, former member of staff or city contractor or advisor, is free to meet with and/or provide Bowmans and/or the Officer Leading Evidence with any information, notwithstanding anything to the contrary in their contracts with the City, and do not require any approval from anybody to do so.
A review of the System of Delegations is to be carried out, with specific reference to clauses 184.108.40.206.2 and 220.127.116.11.2 of the report.
The City Manager or Acting City Manager, as the case may be, must address the control issues raised in clause 18.104.22.168.1 and report back to Council every 90 days on progress in this regard, until the matter is resolved to the satisfaction of Council.
The ED: DOM is afforded an opportunity to report to Council within 90 days on his request for an investigation into the re- appointment of the Commissioner, as discussed in clause 22.214.171.124.1 of the report.
The Commissioner TDA is afforded an opportunity to report to Council within 90 days any details relating to her allegation as discussed in clause 126.96.36.199.2 of the report.
Due to the findings in the Bowmans report, the disciplinary process against the PMP, Lindiwe Ndaba, is suspended, until the conclusion of the disciplinary process against the City Manager and Commissioner: TDA.
In the light of the findings, and in view of the possibility that the individuals may jeopardise the investigation into the misconduct and influence witnesses, the City Manager, Achmat Ebrahim and Commissioner: TDA, Melissa Whitehead, are provided the opportunity to within 7 days, provide Council with reasons why they should not be placed on precautionary suspension.
A copy of the Bowmans report be provided to Ms Whitehead and Mr Kesson.
All PWC outstanding reports as referred to in the investigator’s report be tabled in the next Council meeting.
ACTION: G KENHARDT, L MBANDAZAYO
Issued by the City of Cape Town, 5 January 2017