Sizwe sama Yende
Mpumalanga Cooperative Governance and Traditional Affairs (Cogta) MEC, Mandla Msibi, has taken the City of Mbombela to court in a bid to force it to rescind the appointment of chief finance officer who allegedly embellished and falsified her CV.
Msibi’s decision follows City of Mbombela speaker William Nkatha’s blatant defiance of his instruction to convene a council meeting to reconsider and withdraws Delight Sibanyoni’s appointment.
Sibanyoni was appointed on January 31 2023.
However, a subsequent investigation by the municipality legal unit found that Sibanyoni lied in her application letter and CV that she had been a senior manager for financial planning and budgeting since 2009, while she had only occupied that position since 2019. The municipality’s lawyers made this finding on May 12 2023.
This misrepresentation boosted Sibanyoni’s chances as she gave an impression that she had been in the senior manager’s position for 13 years while she only had three and a half years’ experience.
A source said that Sibanyoni’s misrepresentation gave her the edge above competitors.
Nkatha has publicly defended Sibanyoni’s appointment and openly defied Msibi while the rest of the politicians and municipal manager, Wiseman Khumalo, had been willing to have the appointment reviewed.
The matter has been set for April 18 in the Mbombela High Court.
Msibi expressed his view on the appointment on July 12 2023 last year. He wrote to executive mayor, Sibongile Makushe-Mazibuko, about his refusal. Makushe-Mazibuko had commissioned an investigation and could not implement its findings due to Nkatha’s refusal to put the matter on the council’s agenda.
“I, Mandla Jeffrey Msibi, in my capacity as the MEC for Cooperative Governance and Traditional Affairs hereby notify the municipality that I do not concur with the appointment of Ms DN Sibanyoni as the chief financial officer of the City of Mbombela, which is based on misrepresentation.”
“Based on the above-mentioned, I hereby direct the municipal council to rescind its decision on the appointment of Ms DN Sibanyoni as the chief financial officer of the City of Mbombela Local Municipality.”
Cogta head, Samkelo Ngubane, said that on August 23 Msibi wrote a letter to Nkatha requesting him to convene a special council meeting to deliberate on the matter “of non-compliance with the Municipal Systems Act in the appointment of the CFO.”
“On 1 September 2023, [Nkatha] responded and indicated that the MEC should invoke Section 56(5) of the Systems Act for a declaratory order on the validity of the appointment of the CFO and to enforce compliance with the Systems Act by the municipality,” Ngubane said.
The legal unit’s investigation also covered Sibanyoni’s era as employee in the Mkhondo Local Municipality in Piet Retief.
The lawyers found that Sibanyoni lied about her previous employment at the Mkhondo Local Municipality in Piet Retief. She stated that she was appointed deputy director for budgeting and reporting for two years from July 2006 to December 2008. Sibanyoni was appointed in the position on May 1 2008, which means it was only for seven months.
Sibanyoni’s qualifications, the unit found, were genuine.
Sibanyoni previously dismissed the allegations of misrepresentation as lies. She said these lies were “concocted by a few people who want to loot using my name”.
“I will never [allow] that. I will take the matter to court so that they can prove what they are saying.”