By Anita Dangazele
Nelson Mandela Bay mayor Gary Van Niekerk is desperate to block the return of corruption-accused city manager Noxolo Nqwazi, after her sudden return to work on Wednesday.
Nqwazi was placed on suspension during an emergency council meeting on October 20 and informed of the decision by Van Niekerk on October 23.
But on Wednesday, Nqwazi caught everyone by surprise when she suddenly returned to work citing that her disciplinary hearing did not start within the prescribed three months of her precautionary suspension.
She is accused of contravening the Municipal Finance Management Act, Municipal Systems Act and the code of conduct for staff. The charges pertain to her role in former economic development executive director Anele Qaba’s R3-million golden handshake, even though it was approved by council.
“As you are well aware, I was placed on precautionary suspension with effect from October 23 in terms of the disciplinary regulations for senior managers,” Nqwazi said in the letter.
She said that according to the stipulated regulation, a hearing must start within three months after the date of suspension, failing which it automatically lapses.
“It is indisputable that no disciplinary hearing has commenced within the three months on which I was suspended, hence my suspension automatically lapsed by operation of law.”
However, Van Niekerk is desperate to kick her out, saying that she could interfere with potential witnesses or commit further acts of misconduct.
“I would respectfully confirm that your client does not return to the office in City Hall until we have received a proper legal opinion from our attorneys in this regard,” he wrote in a leaked letter to Nqwazi’s legal representative, Matthew Kemp.
Kemp accused Van Niekerk and the municipal council of trying to extend Nqwazi’s suspension.
“Your insistence that she can only return to work once you have had an opportunity to obtain a legal opinion and/or that she furnishes a court order or council resolution entitling her to return to work is disingenuous and indicates a total disregard by yourself and council of the disciplinary regulations for senior managers.”
He said Nqwazi intends to seek a costs order against Van Niekerk in his personal capacity.
Nqwazi is also in the middle of trial at the Gqeberha Commercial Crimes Court, where she and her co-accused face charges of fraud after being implicated in a R24-million toilet tender scandal. She and her co-accused have pleaded not guilty.
Pictured above: NMBM city manager Noxolo Nqwazi.
Image Source: Facebook
