News / National
Bulawayo residents threaten to sue town clerk
21 Jan 2018 at 11:18hrs | Views
BULAWAYO residents are threatening to sue the city's town clerk, Mr Christopher Dube, on allegations that he failed to implement a Government recommendation that could have seen the possible firing of the council's director of engineering, Engineer Simela Dube.
That was after he was fingured in a scam that saw the local authority losing $73 000. Eng Dube was fingered in a scam that involved a tender for the rehabilitation of a council bulldozer which resulted in the local authority losing the money.
The Bulawayo Progressive Residents Association (BPRA) through its lawyer, Mr Dumisani Dube of Mathonsi Ncube Law Chambers, wrote to the town clerk demanding an update on Eng Dube's case.
"Kindly provide us with an update on the implementation of the Bulawayo City Council internal audit findings of 18 June 2015 that recommended that Engineer Simela Dube be taken for a hearing. Further we note with concern that you have still not implemented the findings of the Commission of Inquiry instructed by the Ministry of Local Government, Public Works and National Housing in 2017 that recommended action against Engineer Simela Dube as per the internal audit recommendations," reads part of the letter.
In the letter residents said the town clerk had at one point claimed that the local authority had another report which cleared Eng Dube of any wrongdoing but has failed to avail the report to the residents for perusal.
"We are aware that you have previously verbally advised our clients that you have another report that exonerates him (Eng Dube). If you may also avail to us a copy of that report if indeed it exists. In conclusion be advised that failure to respond to us in writing within the next seven days will leave us no option but to approach the courts for recourse," reads the letter.
According to the audit report and Government stipulated investigation findings Eng Dube had a case and was meant to appear before a disciplinary committee.
"Council decided to rehabilitate the bulldozer in 06/04/2014 at a cost of $70 870 through tender (recorded as $73 000 in other papers). The contract was awarded to Khanyisile Enterprises and a full tender sum of $73 000 was paid in advance to the contractor. Allegations were that the dozer was never rehabilitated and never functioned despite the full payment of the rehabilitation cost.
"Interviews on the issue were conducted with the director of engineering services (Simela Dube) who confirmed that the bulldozer was in good working condition and was at the dump site. However, the team conducted its own independent assessment and established and confirmed that the bulldozer was never rehabilitated and was still in the workshop. The mayor and the acting Town Clerk were part of the visit to the workshop and had a first-hand appreciation of the misdemeanour," reads part of the report.
It was further revealed that the local authority all along was aware of Eng Dube's alleged "dirty dealings" regarding the tender to the extent that in August 2015 a resolution was passed for him to appear before a disciplinary hearing but the hearing never took place under unclear circumstances.
"There was unrepentant deceit on the part of the Director for Engineering Services on the operational status and whereabouts of the bulldozer. The local authority has been seriously prejudiced financially and also through the non-availability to execute its functions at the dump site. Prepayment was made against a guarantee bond which council could not avail.
"Council should immediately implement the resolution passed by council for disciplinary action to be taken against the director for engineering services. Council should also fully explain why it is delaying implementation of the resolution to discipline the director for engineering services," reads part of the report.
That was after he was fingured in a scam that saw the local authority losing $73 000. Eng Dube was fingered in a scam that involved a tender for the rehabilitation of a council bulldozer which resulted in the local authority losing the money.
The Bulawayo Progressive Residents Association (BPRA) through its lawyer, Mr Dumisani Dube of Mathonsi Ncube Law Chambers, wrote to the town clerk demanding an update on Eng Dube's case.
"Kindly provide us with an update on the implementation of the Bulawayo City Council internal audit findings of 18 June 2015 that recommended that Engineer Simela Dube be taken for a hearing. Further we note with concern that you have still not implemented the findings of the Commission of Inquiry instructed by the Ministry of Local Government, Public Works and National Housing in 2017 that recommended action against Engineer Simela Dube as per the internal audit recommendations," reads part of the letter.
In the letter residents said the town clerk had at one point claimed that the local authority had another report which cleared Eng Dube of any wrongdoing but has failed to avail the report to the residents for perusal.
"We are aware that you have previously verbally advised our clients that you have another report that exonerates him (Eng Dube). If you may also avail to us a copy of that report if indeed it exists. In conclusion be advised that failure to respond to us in writing within the next seven days will leave us no option but to approach the courts for recourse," reads the letter.
According to the audit report and Government stipulated investigation findings Eng Dube had a case and was meant to appear before a disciplinary committee.
"Council decided to rehabilitate the bulldozer in 06/04/2014 at a cost of $70 870 through tender (recorded as $73 000 in other papers). The contract was awarded to Khanyisile Enterprises and a full tender sum of $73 000 was paid in advance to the contractor. Allegations were that the dozer was never rehabilitated and never functioned despite the full payment of the rehabilitation cost.
"Interviews on the issue were conducted with the director of engineering services (Simela Dube) who confirmed that the bulldozer was in good working condition and was at the dump site. However, the team conducted its own independent assessment and established and confirmed that the bulldozer was never rehabilitated and was still in the workshop. The mayor and the acting Town Clerk were part of the visit to the workshop and had a first-hand appreciation of the misdemeanour," reads part of the report.
It was further revealed that the local authority all along was aware of Eng Dube's alleged "dirty dealings" regarding the tender to the extent that in August 2015 a resolution was passed for him to appear before a disciplinary hearing but the hearing never took place under unclear circumstances.
"There was unrepentant deceit on the part of the Director for Engineering Services on the operational status and whereabouts of the bulldozer. The local authority has been seriously prejudiced financially and also through the non-availability to execute its functions at the dump site. Prepayment was made against a guarantee bond which council could not avail.
"Council should immediately implement the resolution passed by council for disciplinary action to be taken against the director for engineering services. Council should also fully explain why it is delaying implementation of the resolution to discipline the director for engineering services," reads part of the report.
Source - zimpapers