Enock Mgijima Municipality wins legal bid to halt probe into controversial R22.7m stadium

The Enock Mgijima Local Municipality has successfully blocked the Public Protector’s (PP) recommendations concerning alleged mismanagement of the R22.7 million allocated to the Lesseyton Sports Facility, which is popularly known as Ndlovukazi Sports Stadium. 

The facility, unveiled in October 2021 amid praise, has become a symbol of alleged procurement irregularities and squandered public resources.

The stadium was touted as a significant sports development for Lesseyton, but the reality has starkly contrasted with expectations. 

The facility features a dry, bumpy field, small metal stands, soccer and rugby uprights, and, notably, lacks functional ablution facilities or electricity, which the Public Protector described as a stark disappointment given its exorbitant price tag.

In June, the Public Protector, Advocate Kholeka Gcaleka, released a detailed investigation revealing significant mismanagement. 

Among the findings were procurement irregularities. Gcaleka found that the stadium tender was advertised with two different closing dates and was not published on three mandated public platforms, violating regulation 22(1)(a) of the Municipal Supply Chain Management Policy.

Despite these procedural flaws, Thalami Civils Pty Ltd was awarded the contract, which subsequently exceeded the budget by nearly R5 million but failed to deliver the expected facilities.

Gcaleka’s report recommended that the Department of Cooperative Governance and Traditional Affairs (Cogta) take action against officials involved in these irregularities.

However, efforts to hold those responsible accountable have been thwarted. 

The Enoch Mgijima Municipality successfully lodged an interdict in the Bisho High Court, preventing the implementation of the Public Protector’s recommendations. 

On July 29, Acting Justice Tilana Babece granted this interdict, pending the case's final outcome.

Sources within the municipality reveal that council members voted to challenge the Public Protector’s findings in court, a process expected to take years, further delaying accountability.

“Some of those responsible have since left the municipality and are employed in other municipalities in the Eastern Cape,” a local source explained. 

“It will be difficult to hold them accountable now that they have moved on, and the municipal council is actively opposing the implementation of the recommendations.”

Attempts to obtain clarity from provincial authorities have been met with deferrals. 

IOL contacted Premier Oscar Mabuyane’s office, which referred inquiries to Cogta. Mamnkeli Ngam, Cogta’s spokesperson, stated, “The matter is best referred to the municipality in question.”

Meanwhile, Enoch Mgijima’s spokesperson, Lonwabo Kowa, refused to comment, citing the ongoing legal process.

“The matter is still sub judice and the municipality cannot make any comments about it until it is finalised.”

In her findings, Gcaleka instructed Cogta to ensure that the Municipal Manager, within 60 days of receiving the report, applies consequence management against relevant officials, including members of the Supply Chain Management unit, the Chief Financial Officer, and officials responsible for Budget and Treasury.

“It is imperative that all responsible officials be held accountable to uphold transparency and ensure that public funds are used appropriately,” Gcaleka stated.

thabo.makwakwa@inl.co.za

IOL Politics