Update, 27 October: See the Kabuso Report here: Kabuso Report – Full Marks to The Herald
The Kabuso Report into alleged corruption in the Nelson Mandela Bay Metro was discussed in the Eastern Cape Legislature yesterday during question time.
Bobby Stevenson asked the MEC for Local Government, Mlibo Qoboshiyane a four part question:
- What is the reason for the delay in releasing the Kabuso Report
- Why is the Nelson Mandela Bay Metropolitan Municipality not co-operating with this Department in this regard
- Who is the person responsible for reporting on behalf of Council
- Why is the council not meeting the province’s deadlines in respect of this matter?
The six part response to the above were as follows:
- There is absolutely no delay
- The report was tabled to the Executive Committee on 29 March 2011 but the Section 106 process has not been finalised because the municipality is required to respond to a number of aspects before the investigative process is complete. It is thus understandable that a Final Report is thus still to be released.
- The municipality co-operated in this matter but did not respond adequately to some aspects. The municipality thus requested and extension of time in order to obtain legal advice on some of the matters. This was considered necessary as it concerns legal implications regarding some of the affected Council Resolutions.
- The Executive Mayor is the responsible person in this instance to inform the Council of the contents of the Final Report.
- The municipality was not in a position to table the report to the new municipal council as they are required legal guidance on some matters. The municipality therefore requested an extension of time to attend to the necessary preparations.
- The content of the report is such that sufficient time had to be allowed for the municipality to respond adequately to the issues raised.
Bobby Stevenson confirms that the MEC for Local Government, Mlibo Qoboshiyane, indicated that the municipality has been given to the end of June to respond to certain aspects in the Kabuso Report on alleged corruption in the Nelson Mandela Bay Metro.
Stevenson then said; “I queried his original answer by stating that waiting for legal opinions can take years and years and this matter now need to be drawn to a head.
“Municipalities that have clean governance are the ones that are best positioned to attract investment and create jobs. The Kabuso Report needs to be published in full so any corruption and maladministration that may exist in the Metro can be dealt with once and for all.”
Editors Notes:
- Section 106 allows an MEC for local government to request information or conduct an investigation into a Municipality which is not fulfilling a statutory obligation or is suspected of maladministration, fraud, corruption or a serious malpractice.
- Of course the Kabuso report will contain recommendations as to which municipal officials and/or councillors should have disciplinary proceedings and/or charge sheets formulated against them.
- Some wise words are included in the index of the Section 106 Kannaland report which also deals with maladministration; “Moenie jou in die soort posisie plaas dat jy ‘n verduideliking moet gee nie. As hulle nie jou verduideliking glo nie, dink hulle jy is skuldig” – CJ Langenhoven, author of Die Stem (13 August 1873 – 15 July 1932). Translation: Do not place yourself in a position where you will have to explain yourself. If they do not believe your explanation, then they will think you are guilty.
- The Kannaland report makes the recommendations that a number of municipal employees be investigated further using words such as; non-compliance with statutory obligations, misconduct and incompetence and misconduct – dishonest behaviour. Certainly words that anyone in the corporate world would not like associated with their name, BUT, in the political world things do seem to be a tad different – the bigger skelm you are the bigger your slice of the pie!
- My personal message to the Mayor; “Do the right thing and follow the recommendations in the report Mr Mayor it will go a long way to ensuring a better life for all”
Alan Straton
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