MOGALAKWENA municipal manager Willie Kekana authorised the payment of more than R2-million of the municipality's funds to a law firm to, among others, expedite the disciplinary hearing of corporate services manager advocate Henry Thobejane.
Documents in possession of Sowetan show that the Polokwane-based law firm was at a certain stage paid three times in a single day an amount totalling R224143,09.
The saga dates back to 2010 when Kekana had a fallout with Thobejane over the "excessive" payment to the same law firm regarding the recovery of R800,000 in taxes, rates and services owed to the municipality by a top private school in Mokopane.
As it was one of his responsibilities to oversee such matters, Thobejane entered into an out-of court settlement with the private school.
But the law firm continued to be paid R100000 a month to handle the matter.
Thobejane then questioned the high charges, but was allegedly instructed by Kekana to comply.
Thobejane was later suspended by Kekana pending a disciplinary hearing over 26 charges that included failure to obey lawful instructions, removing and destroying official documents, fraud, gross negligence and dereliction of duty.
According to the document, Kekana instructed the same law firm to formulate charges and act as a prosecutor in the disciplinary hearing of Thobejane.
Thobejane did not attend the proceedings, arguing that the hearing was unlawful in that it breached the South African Local Government Bargaining Council Resolution on Disciplinary Procedure and Code Collective Agreement.
The agreement bars attorneys who are not employees of the municipalities from initiating or chairing a municipality's disciplinary hearing.
However, Thobejane was found guilty on all the charges and the disciplinary committee, chaired by advocate AP Laka, recommended that he be dismissed.
Butthe municipal special council meeting rejected the recommendation.
Kekana said the payments were made because advocates normally charge high fees. He said: "He (Thobejane) also took the municipality to court in a bid to stop the disciplinary action against him ."
Municipality head paid R2m to law firm
MOGALAKWENA municipal manager Willie Kekana authorised the payment of more than R2-million of the municipality's funds to a law firm to, among others, expedite the disciplinary hearing of corporate services manager advocate Henry Thobejane.
Documents in possession of Sowetan show that the Polokwane-based law firm was at a certain stage paid three times in a single day an amount totalling R224143,09.
The saga dates back to 2010 when Kekana had a fallout with Thobejane over the "excessive" payment to the same law firm regarding the recovery of R800,000 in taxes, rates and services owed to the municipality by a top private school in Mokopane.
As it was one of his responsibilities to oversee such matters, Thobejane entered into an out-of court settlement with the private school.
But the law firm continued to be paid R100000 a month to handle the matter.
Thobejane then questioned the high charges, but was allegedly instructed by Kekana to comply.
Thobejane was later suspended by Kekana pending a disciplinary hearing over 26 charges that included failure to obey lawful instructions, removing and destroying official documents, fraud, gross negligence and dereliction of duty.
According to the document, Kekana instructed the same law firm to formulate charges and act as a prosecutor in the disciplinary hearing of Thobejane.
Thobejane did not attend the proceedings, arguing that the hearing was unlawful in that it breached the South African Local Government Bargaining Council Resolution on Disciplinary Procedure and Code Collective Agreement.
The agreement bars attorneys who are not employees of the municipalities from initiating or chairing a municipality's disciplinary hearing.
However, Thobejane was found guilty on all the charges and the disciplinary committee, chaired by advocate AP Laka, recommended that he be dismissed.
Butthe municipal special council meeting rejected the recommendation.
Kekana said the payments were made because advocates normally charge high fees. He said: "He (Thobejane) also took the municipality to court in a bid to stop the disciplinary action against him ."