Cash-strapped Emfuleni spends millions to prosecute suspended CFO Andile Dyakala

Suspended Emfuleni chief financial officer (CFO), Andile Dyakala. Picture: African News Agency (ANA)

Suspended Emfuleni chief financial officer (CFO), Andile Dyakala. Picture: African News Agency (ANA)

Published Apr 25, 2023

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Pretoria - The cash-strapped Emfuleni Local Municipality has spent millions on law firms to discipline its suspended chief financial officer (CFO), Andile Dyakala, while the municipality was struggling to deliver services to its customers.

The revelations were made public by the MEC for Co-operative Governance and Traditional Affairs, Mzi Khumalo, in his written replies to questions from the DA’s Kingsol Chabalala in the Gauteng provincial legislature.

Dyakala was suspended on March 16 last year following allegations of his role in the unlawful extension of contracts of employees in the political office. He also stands accused of financial misconduct: unauthorised, wasteful and fruitless expenditure on short-term insurance.

Khumalo revealed that Dyakala was also facing another charge of financial misconduct where the municipality suffered unauthorised, wasteful and fruitless activities, in breach of Regulation 32 of the Municipal Finance Management Act.

Dyakala also faces a charge of financial misconduct after failing to obtain permission to use municipal funds in the burial of one councillor. He is charged too with making derogatory statements on social media about senior political leaders in council.

Since his suspension, the CFO has received R1 614 747 for his salary and the municipality has additionally paid a total of R6 479 606.88 in legal fees.

According to MEC Khumalo, the municipality paid Rasekgoete Attorneys R1 046 363.68 and advocate Zola

Majavu R826 490.76. Raphela Attorneys was paid R2 407 474.07 for disciplinary matters and R574 285.51 for legal opinions; R2 075 562.07 was paid to the Labour Court. Only R450 570.24 was recovered from the CFO.

Khumalo revealed that Rasekgoete Attorneys were appointed to investigate the allegations and advise council, while Majavu was appointed chairperson of the disciplinary hearing.

Raphela Attorneys were appointed to initiate the disciplinary process, and appointed advocate Baloyi to represent the municipality at the Labour Court on the matter, referred by Dyakala and the Municipality respectively.

Reacting to the revelations, Chabalala said: “It is worrying that the residents of Emfuleni continue to suffer a lack of service delivery while millions are wasted on an individual sitting at home. This is an insult to the people of Emfuleni who endure potholes, sewer leakages and uncollected refuse daily.”

The DA said this case had dragged on for far too long at the expense of tax-paying residents.

“Emfuleni has recently been flagged over officials milking public funds through law firms who represent the municipality on various legal matters. The DA demands that MEC Khumalo urgently investigate these exorbitant legal fees to ascertain whether proper processes have been followed. MEC Khumalo must initiate measures to curb the waste of funds in Emfuleni and ensure that money is channelled to service delivery,” Chabalala said.

He said his party would not allow corrupt Emfuleni officials to waste money while the residents are deprived of service delivery.

Pretoria News