The former Joburg MMC for Development and Planning, Thapelo Amad, was accused of breaching the code of conduct for a memorandum of understanding (MOU) he signed with the Soweto Construction Chamber in October last year.
Amad, however, contends that, as an MOU does not create binding and enforceable obligations, and as it was never followed by a memorandum of agreement, the project was never implemented. As such, he could not have breached the code.
A spokesperson for the department, Loyiso Tunce, said a complaint by the current MMC, Belinda Echeozonjoku, was sent in June to the office of the then Speaker, Vasco da Gama, as well as to the Integrity Commissioner.
Tunce said the implications of the agreement were that the Joburg Development Agency (JDA) would then be tied into an agreement “with a particular forum exclusively for areas in Soweto without following procurement processes”.
News24 has seen the letter of complaint, in which Echeozonjoku wrote that the document was a formal request for an investigation by the ethics committee into a breach of code of conduct by Amad.
She said that, in signing the MOU on behalf of the JDA, without the knowledge of the agency, and without the approval of the council, Amad had interfered in the work of the administration.
The MMC then listed the Standing Rules and Orders of Council for the intervention in administration, which is that a councillor may not, except as provided by law:
- interfere in the management or administration of any department of the municipal council, unless mandated by council;
- give or support to give any instruction to any employee of the council, except when authorised to do so;
- obstruct or attempt to obstruct the implementation of any decision of the council or a committee by an employee of the council; or
- encourage or participate in any conduct which would cause or contribute to maladministration in the council.
Tunce said the department was still awaiting a response regarding the complaint.
Amad said: “I have been aware of the false allegations that I contravened the code of conduct by signing the MOU with the chamber…The sponsors of these false allegations have until this day, failed to report it to the municipal council in line with the provisions of section 13 and 14 of the very code which I am alleged to have contravened.
Amad added:
Oc course, they would not because they know the signing of an MOU is not prohibited by the said code, and they are making these false allegation to taint my good name.
He said the development planning portfolio was at the centre of driving service delivery and economic investment in the city.
“And, as a consequence, this portfolio required of me, as its political head, to formally engage with leaders of business and captains of industry in all their formations.”
A source within the multi-party government said a member of the Soweto Construction Chamber alerted Echeozonjoku to the MOU when she became the MMC.
“They asked what’s happening with the agreement and there were other stakeholders who were also enquiring,” said the source.
“[The department] had to go back to them and say the agreement was null and void, as it was only signed by him on behalf of the City and the department [as opposed to the mayor and others and him].”
The source said Echeozonjoku was concerned when she saw the document was “promising massive projects”.
Amad said he was preparing a submission to the Speaker, to request the matter be investigated by the council as provided for in section 13 and 14 of the code.
“I will be doing so as a formality because I doubt if the sponsors of these false allegations will come forward and point which provisions of the code I would have contravened.”
On 5 September, four days after Da Gama was booted as Speaker, Amad, a member of the Al Jama-ah party, led a media briefing by minority parties in the multi-party government to announce they would be voting in a motion of no confidence against the executive mayor, Mpho Phalatse, at the next council sitting next week.