Full details have emerged about the internal disciplinary charges facing Jacqui Subban, the former head of the eThekwini Municipality's geographic information and policy unit, including that she allegedly made an irregular payment of more than R27 million to a supplier.
The charge sheet was the focus of proceedings yesterday in the Durban Labour Court where
He claims he was fired in 2010 after he reported irregularities and corruption within the IT department in 2008 and 2009.
Among the irregularities, some of which were dealt with in the Manase Report on fraud and corruption, was a duplicate payment of R2.6m made to
Govender wants to be reinstated and paid the equivalent of his annual pay of about R400 000, for two years.
Yesterday Govender's attorney argued that city manager S'bu Sithole and the head of human resources at the municipality,
However, neither man was in court and calls had to be made to establish their whereabouts.
Sithole appeared but did not testify after it was agreed the municipality would provide a copy of Subban's charge sheet.
She faces three misconduct charges, for allegedly: authorising an irregular expenditure and/or awarding a contract to H20 Networks for just over R290 000; making or authorising an irregular payment in
It is alleged a duplicate payment was made to
The municipality claims she contravened its supply chain management policy, which requires all contracts of more than R200 000 to be awarded in terms of a competitive bidding process.
H20 Networks also did not have a valid tax-clearance certificate and was not registered on the municipality's supplier database - both were requirements.
It was also alleged Subban paid just over R290 000 to H20 Networks when the amount the company invoiced was only about R282 000.
"You signed such a contract without consulting the legal department of the municipality, which exposed the municipality to potential financial risk in that the terms of the contract were prepared by and favoured the interests of H20 Networks; you failed to ensure that H20 Networks provide a security bond as required in the letter of award; you failed to protect the interests of the municipality by authorising an advance payment to H20 Networks in the sum of (nearly R16m) prior to any services being performed by it; when you knew or should have known that such conduct was irregular and/or in contravention of the supply chain management policy," the charge sheet read.
The municipality claims she failed to act with the due care and diligence required of her and exposed the municipality to potential financial loss.
Maroshnee Craig, who was a senior administrator in Govender's department at the time, testified yesterday about the irregularities she noticed about
She also testified at Govender's disciplinary hearing and said she was not, afterwards, questioned further by the municipality on these irregularities.
The case continues.
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