In the letter seen by TimesLIVE, Mlandu said: “On July 4 2022, I submitted to the speaker a report on the above alleged conduct of Dr M Phalatse, the executive mayor, which he acknowledged in the email in annexure 'MM1' and I then notified the speaker that he is requested to act in terms s6 and not s7 of the Protected Disclosure Act [PDA].”
He said Da Gama responded by failing to address his email and instead opted to deny jurisdiction to intervene on matters reported to him in terms of the PDA on the basis that section 7 refers to ministers and MECs.
He said it appeared Da Gama decided to treat the matter as a contravention of the code of conduct of councillors and not legislation, and as such would not report Dr Phalatse's alleged conduct to the Municipal city council and the SAPS.
Mlandu said Da Gama’s approach was unlawful.
“This is because s6 of the PDA requires me to report to my employer ... my official employer is the council and therefore it must consider my report. Second, the approach of the speaker (Da Gama) to prevent an alleged criminal conduct of Dr Phalatse to be investigated by competent authorities is wrong in law,” he said.
“With that said, the minister of Cogta is requested to intervene and prevent the above miscarriage of justice by causing that the legal obligations of the municipal council and SA Police Service in respect of the alleged conduct of Dr Phalatse are not unduly interfered with by [the] speaker,” he said.
Cogta spokesperson Legadima Leso did not respond to a request for comment.
In response, Phalatse said she was aware of the report authored by Mlandu “which makes wild and unsubstantiated claims”. She denied subverting incriminating evidence to protect Sibiya, saying she has only ever sought to bring stability to GFIS, whose work has been attacked.
“Furthermore, the speaker of council, Cllr Vasco Da Gama, has responded to the report and advised the executive head of the city manager’s office about the relevant procedures should he have a substantive allegation against any member of the council, in terms of the code of conduct for councillors, which all councillors are bound by,” she said.
In May, the SSA confirmed it had received a referral from the office of the inspector-general of intelligence (OIGI) to investigate Sibiya’s alleged conduct in connection with a complaint laid by suspended Johannesburg acting city manager Floyd Brink.
Sibiya has since quit the city and rejoined the SAPS in June after the labour court ruled in his favour. He spent years fighting for reinstatement to the police service. Sibiya, his former boss Anwa Dramat and his Pretoria section head Cowboy Maluleke were dismissed from their jobs by former Hawks boss Berning Ntlemeza, who retired in 2017.
Brink revoked Sibiya’s investigative powers as the head of GFIS, the city’s corruption-busting unit.
This after political party Al Jama-ah lodged a formal complaint with the council to review Sibiya’s appointment last year. The party said Sibiya had not fulfilled the necessary criteria to hold such a high-powered position at the time.
The complaint compelled Brink to institute a forensic investigation, which later concluded that Sibiya’s appointment was irregular and unlawful.
The forensic investigation into Sibiya by TZ Attorneys also discovered he did not have security clearance from the SSA.
TimesLIVE
Johannesburg’s Mlandu turns to Cogta to force Da Gama to act against Phalatse
Image: Freddy Mavunda
Johannesburg’s acting city manager Mesuli Mlandu has approached the department of co-operative governance and traditional affairs (Cogta) to force the city’s speaker to act against alleged criminal conduct by mayor Mpho Phalatse.
Mlandu asked Cogta minister Nkosazana Dlamini-Zuma to intervene in speaker Vasco Da Gama’s obstruction of the council to consider a report on Phalatse’s alleged subversion of evidence which implicates former commissioner of Johannesburg's Group Forensic Investigative Services (GFIS) Shadrack Sibiya in assuming the functions of the State Security Agency (SSA). He further alleges that Sibiya misappropriated R8m and spent it on unvetted counterintelligence equipment.
But Phalatse, through her spokesperson Mabine Seabe, hit out at Mlandu, labelling his accusations “wild and unsubstantiated”.
In his request delivered to Dlamini-Zuma on July 7, Mlandu alleges Da Gama failed to present a report, Document Review Report, which alleges prima facie evidence of unlawful and improper conduct by Sibiya.
It accuses him of failing to provide formal authorisation from the SSA entitling him to procure and deploy intelligence-gathering equipment within the jurisdiction of the city.
Sowetans want political solution to their electricity problems
In the letter seen by TimesLIVE, Mlandu said: “On July 4 2022, I submitted to the speaker a report on the above alleged conduct of Dr M Phalatse, the executive mayor, which he acknowledged in the email in annexure 'MM1' and I then notified the speaker that he is requested to act in terms s6 and not s7 of the Protected Disclosure Act [PDA].”
He said Da Gama responded by failing to address his email and instead opted to deny jurisdiction to intervene on matters reported to him in terms of the PDA on the basis that section 7 refers to ministers and MECs.
He said it appeared Da Gama decided to treat the matter as a contravention of the code of conduct of councillors and not legislation, and as such would not report Dr Phalatse's alleged conduct to the Municipal city council and the SAPS.
Mlandu said Da Gama’s approach was unlawful.
“This is because s6 of the PDA requires me to report to my employer ... my official employer is the council and therefore it must consider my report. Second, the approach of the speaker (Da Gama) to prevent an alleged criminal conduct of Dr Phalatse to be investigated by competent authorities is wrong in law,” he said.
“With that said, the minister of Cogta is requested to intervene and prevent the above miscarriage of justice by causing that the legal obligations of the municipal council and SA Police Service in respect of the alleged conduct of Dr Phalatse are not unduly interfered with by [the] speaker,” he said.
Cogta spokesperson Legadima Leso did not respond to a request for comment.
In response, Phalatse said she was aware of the report authored by Mlandu “which makes wild and unsubstantiated claims”. She denied subverting incriminating evidence to protect Sibiya, saying she has only ever sought to bring stability to GFIS, whose work has been attacked.
“Furthermore, the speaker of council, Cllr Vasco Da Gama, has responded to the report and advised the executive head of the city manager’s office about the relevant procedures should he have a substantive allegation against any member of the council, in terms of the code of conduct for councillors, which all councillors are bound by,” she said.
In May, the SSA confirmed it had received a referral from the office of the inspector-general of intelligence (OIGI) to investigate Sibiya’s alleged conduct in connection with a complaint laid by suspended Johannesburg acting city manager Floyd Brink.
Sibiya has since quit the city and rejoined the SAPS in June after the labour court ruled in his favour. He spent years fighting for reinstatement to the police service. Sibiya, his former boss Anwa Dramat and his Pretoria section head Cowboy Maluleke were dismissed from their jobs by former Hawks boss Berning Ntlemeza, who retired in 2017.
Brink revoked Sibiya’s investigative powers as the head of GFIS, the city’s corruption-busting unit.
This after political party Al Jama-ah lodged a formal complaint with the council to review Sibiya’s appointment last year. The party said Sibiya had not fulfilled the necessary criteria to hold such a high-powered position at the time.
The complaint compelled Brink to institute a forensic investigation, which later concluded that Sibiya’s appointment was irregular and unlawful.
The forensic investigation into Sibiya by TZ Attorneys also discovered he did not have security clearance from the SSA.
TimesLIVE
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending
Related articles
Latest Videos