The Sunday News
Sukulwenkosi Dube-Matutu, Gwanda Correspondent
FORMER Mangwe Rural District Council chief executive officer Nketha Mangoye Dlamini (53) has been dragged to court for criminal abuse of duty during his term of office.
Dlamini awarded a $65 000 contract for road maintenance to Enfund Construction Company without informing the local authority.
He then authorised payment of $19 511 to the company before it had completed the necessary work as stated in the contract.
Dlamini is also accused of hiring out a grader to the company without approval of the local authority.
He pleaded not guilty to charges of criminal abuse of duty when he appeared before Gwanda regional magistrate, Mr Mark Dzira. He was remanded out of custody to May 12 for judgment on free bail.
Prosecuting, Mr Mncedisi Dube said Dlamini issued the contract to Enfund Construction Company on January 22 in 2016.
“Dlamini entered into a contract with Enfund Construction Company for a major capital project without informing the council contrary to Section 44 subsection 19 (a) item (iv) of the Public Finance Management Act Chapter 22:19. He also sidelined the council chairperson in the signing of the contract,” he said.
“On 10 February 2016 he authorised an electronic transfer of $19 511 from Mangwe Rural District Council road fund account to Enfund Trading Ecobank account before bush clearing and partly stockpiling had been done, contrary to the contract requirements. On 19 February 2016 he hired out a council grader to Enfund Construction Company without approval of Mangwe Rural District Council.”
Mr Dube said the council chairperson, Mr Roland Mafesi Ncube, discovered the offence on May 4, 2016 and reported the matter to the police.
In a statement to the court, Mr Ncube said Dlamini failed to follow council procedure in handling the tender.
“In awarding a tender for the construction of the road, Dlamini didn’t set up a committee headed by the department head to deliberate on the tender as required but instead he nominated certain individuals whom he presided over in order to deliberate on the tender. According to the State Procurement Act, the procuring entity shall accept whichever valid tender offers the lowest prices,” said Mr Ncube.
“Dlamini awarded a tender to a company whose bid was above the budgeted amount by council and he did not come with a specific criteria to justify his decision. He did not allow the adjudication team to conclude its evaluation of the tenders but made a decision on his own.”
He said Dlamini did not inform the council about the tender through the finance committee as required. He said the council had budgeted $40 000 for the road but Dlamini went on to accept a bid of $65 000, therefore prejudicing council of $25 000.
Dlamini resigned as CEO in May 2016 after he was issued with a month-long suspension letter over allegations of issuing the tender in a non-procedural manner.
He recently dragged the local authority to the Labour Court after accusing them of unfair dismissal.
Dlamini said he was forced to resign because the council chairperson was intimidating and harassing him. Dlamini accused the council chairperson of creating a hostile environment that had made it impossible for him to carry out his duties.-@DubeMatutu
