The head of Parks, Culture and Recreation in the eThekwini Municipality, Dr Simphiwe Ndlovu, faces suspension over the alleged use of municipal money to buy alcohol.
The head was issued with a letter of intention to suspend him on Wednesday.
The unsigned letter seen by “The Mercury” accused Ndlovu of buying alcohol with funds for a municipal function at Durban’s International Convention Centre in December last year.
Sources who are acquainted with Ndlovu said it was strange that he was facing suspension over the matter, adding that on the night in question he was not at the event as he was unwell.
They said he does not consume alcohol and is unlikely to spend government money on liquor, something that could land him in trouble.
They said another loophole in the municipality’s case is that the alcohol would have been bought under beverages, meaning he would not have expressly spent government money on alcohol.
Beverages they said, would have covered soft drinks and water.
The total spending on beverages on that day was around R31000 and it is unclear how much of that was spent on alcohol.
The precautionary suspension letter orders him to vacate the municipal offices with immediate effect.
It reads: “It is alleged that you misconducted yourself by paying for alcoholic beverages for an event that took place on 15 December 2023 in breach of the MFMA (Municipal Finance Management Act) and its regulations.
“It is further alleged that you deliberately disregarded a signed report prepared by finance which explicitly excluded alcoholic beverages.
“It is further alleged that you committed misrepresentation by deliberately excluding the memo with the instruction not to pay for alcohol beverages from the payment batch resulting in alcohol being paid for.”
The letter states that Ndlovu “held back critical information and intentionally misled his superior when he submitted the payment batch to the finance unit and the slip for alcohol beverages was deliberately excluded”.
The letter adds that Ndlovu contravened clauses of the collective agreement of disciplinary procedure that states that employees must perform their task and job responsibilities diligently, carefully and to the best of their abilities.
“You failed to check the work that was done by your team, and as a result you approved an invoice which included the alcoholic beverages which was deliberate, when you knew very well the MFMA prohibits the purchase of alcohol within the municipality,” said the letter.
It alleged he contravened the part of the code which requires employees to carry themselves with honesty and integrity in that he withheld “critical information by misleading your superiors”.
The letter also states that Ndlovu failed to obey lawful instruction in that he failed to attend a portfolio committee meeting without an apology or reason.
“The aforementioned list is not exhaustive. There are many other allegations of impropriety that are being investigated against you, which form part of the ongoing allegations of misconduct against you,” said the notice.
The notice informs Ndlovu that he has 48 hours to provide reasons as to why he should not be suspended.
Ndlovu said he would be responding to the letter.
“The matter is an internal matter but what I want to clarify is that I would never approve the purchase of alcohol with government funds as that is forbidden.”
Dr Musa Gumede, the deputy city manager for community services, which has oversight of the unit, said the process had not been finalised.
He declined to speak further on the matter, saying it was an internal labour relations issue.
The Mercury