Durban - There are more woes for recently resigned KwaZulu-Natal MEC for Sport, Arts and Culture, Amanda Bani-Mapena after a legal inquiry was made to the SAPS regarding its investigation in a case where she was reported for tender fraud she allegedly committed while she was still working for eThekwini Municipality..
In a letter which was written by Durban-based Gwacela and Associates law firm on behalf of former eThekwini head of parks, Thembinkosi Ngcobo, the SAPS was asked to give an update regarding its investigation against Bani-Mapena.
The letter, which is dated 17 April 2023, was directed to the Durban central police station, where the case was opened a few years ago.
BREAKING NEWS: More woes for recently resigned KZN MEC for Sport, Arts and Culture, Amanda Bani-Mapena, after an inquiry was made to the SAPS regarding its investigation in a case where she was reported for tender fraud she allegedly committed while she was working for pic.twitter.com/I9OPmL6Nr7
— Sihle Mavuso (@ZANewsFlash) April 18, 2023
Ngcobo's lawyers said if the investigation has not been finalised, the police must explain what caused the long delays.
‘’We request that you furnish us with all the documents in the docket and confirm whether investigations have been finalized in this matter.
‘’If not, why has it taken so long?"
‘’We also request that you confirm in writing if the police have managed to effect an arrest (sic) in this matter and at what stage are those criminal proceedings,’’ Ngcobo's lawyer wrote in the letter hand-delivered to the station commander.
Before accepting her current political deployment in May 2019, Bani-Mapena was working as IDP (Integrated Development Plan) manager in the department headed by Ngcobo, who was dismissed for allegedly opening a criminal case against her.
While she was working for the municipality, Bani-Mapena was also the eThekwini region chairperson of the ANC youth league, and she resigned from the municipality when the criminal investigation started.
According to the 52-page letter of dismissal, which was sent to Ngcobo by the South African Local Government Bargaining Council (SALGBC), Bani authorised the payment of R140 000 to a service provider, Thulasizwe Ngcobo (not related to Thembinkosi), the managing director of Perstha (Pty) Ltd.
Perstha was tasked with providing a sound system and marquee for a beach festival billed for September 5, 2015.
‘’Two employees and a Ms Amanda Bani ("Bani") – the Integrated Development Plan Manager in the unit – were involved in activities that resulted therein that the complainant was able to submit the invoice and receive payment for the work which he had not performed.
‘’It is common cause that Bani had also resigned from the Municipality," reads part of the SalGBC report, which was later leaked to IOL.
In the same report, Bani-Mapena was implicated when a junior officer who also resigned from the municipality told investigators under oath that Bani-Mapena knew that the payment was fraudulent.
“She (the junior officer) told the investigators that Bani fraudulently approved that payment, which was a total amount of R140 000.00, to be made to Perstha, knowing very well that Perstha did not render any services during the beach festival,” the report noted.
In its report finding, it said: “Findings in respect of Bani: Her actions were tantamount to fraud in that she made a misrepresentation to the employer by collecting invoices from service providers for services not rendered.
‘’Payments that were made as a consequence resulted in actual prejudice to the employer.
“In so doing, she contravened Chapter 15, Section 171 and paragraph (3) of the Municipal Finance Management Act when she colluded with service providers and confirmed that the services were received by the Municipality from, specifically in this instance, Perstha, which was false.
‘’Bani failed to perform her duties diligently, honestly and to the best of her ability when she kept quiet about Majozi's corrupt conduct in her (Bani) presence.”
Municipal insiders claim that the alleged fraud by Bani-Mapena was used to get rid of Ngcobo, who was hated by the regional and provincial ANC because they felt he was not allowing comrades “to eat a bit”.
Ngcobo refused to comment when IOL asked him about the recent legal enquiry to the police.
KwaZulu-Natal police spokesperson, Lt Colonel Robert Nentshiunda, said: ‘’The letter as I see it is addressed to the Station Commander and the information, as you see that they are invoking the PAIA, should and will be disclosed to them.
‘’That is if the letter you sent to me is valid and has been received by the intended recipient.’’
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