The Executive Mayor of the City of Johannesburg, Cllr. Kabelo Gwamanda, has welcomed the resolutions of Council in relation to strengthening the City’s Group Forensic Investigation Services (GFIS) and regularising its operations and investigations.
Yesterday, 21 June 2023, Council considered reports submitted before it which laid bare serious irregularities in how allegations and investigations against senior City officials and Councillors were conducted by GFIS.
Of great concern, was the manner in which previous administrations have abused the delegated powers of GFIS in order to target and harass certain officials and councillors within the City, using illegal methods and mandates.
After some investigation, it became evident that several investigations of allegations against Councillors were undertaken without following the due and legal process requirements. The Municipal Systems Act requires that allegations against Councillors must be reported to the Speaker of Council and/or Council to provide for the approval of an investigation to be conducted.
Similarly, allegations against the City Manager and Senior Managers, must be approved by Council in accordance with the requirements of the Disciplinary Regulations for Senior Managers, issued in terms of the Municipal Systems Act; as well as that of the requirements of the MFMA Regulations on Financial Misconduct Procedures and Criminal Proceedings.
Investigations conducted outside of the above legal parameters are deemed irregular and unlawful and consequently; expose the City to legal and financial risk in respect of any litigation that may ensue as a result of such investigation outcomes.
“As the City we are committed to accountability and consequence management where persons have been found guilty of malfeasance. However, we must ensure the integrity and lawfulness of our investigations to protect the credibility of investigation outcomes and to save the City from potential losses arising from irregular and unlawful actions” said Mayor Gwamanda
“GFIS is an important body within the City in our fight against corruption, fraud and criminality and the decisions of Council allow us to ensure it conducts its work in a lawful manner that is beneficial to the City and that detects, prevents and unravels fraud and corruption effectively. We are not prepared to be party to rogue and politically subjective investigations.”
Council noted that the rights of the Senior Managers and Councillors who were subjected to unlawful investigations have been violated, thereby exposing the City to potential litigation.
To this end, Council has authorised the City Manager to report to the Municipal Public Account Committee (MPAC) the incurred expenditure in all the unlawful investigations as irregular; and cause an investigation for its recovery.
Council has also further mandated the City Manager to handle any associated litigation arising as a result of these rogue investigations. Council went further to mandate the City Manager to appoint a Senior Counsel, in cases where there are cases of litigation against the City and for Senior Counsel to advise on any other actions which must be taken to remedy the prejudice caused by the abuse of investigative powers and the unlawful investigations.
“Council has further affirmed its role as the body to which all departments and the leadership of the City are accountable. It has also further affirmed the role to be played by critical bodies such as the Municipal Public Accounts Committee, the Group Audit Committee and the Disciplinary Board in respect of enforcing accountability and transparency in the City.”
“With the might of legislation, legislated structures and our Executive commitment, we intend to hold all and sundry accountable and to act legally, to guarantee success in our efforts. The days of witch-hunts and clandestine operations aimed at targeting certain individuals and departments in the City are in the past.”
“City employees must act with integrity and ethically in the exercise of their duties and must be aware that decisive action will be taken against malfeasance” concluded Mayor Gwamanda.
The City will on a regular basis report to Council and the public on the outcomes of the processes being undertaken and on any new cases of corruption and fraud that are investigated and found with merit.
Ends
Issued by the City of Johannesburg
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22/06/2022
