[Image: The Matatiele Local Municipality’s head of good governance, PR Councilor Mzwamandla Nyembezi (ANC), is under investigation by COGTA and the Hawks for allegedly benefitting from R3.5-million in tenders. Photo: Nombulelo Damba-Hendrik.]
Title: “ANC councilor under investigation for benefiting from millions of rands in public contracts”
Introduction :
In the Matatiele Municipality, located in the Eastern Cape Province of South Africa, an African National Congress (ANC) municipal councilor is currently under investigation. Mzwamandla Nyembezi, head of good governance and special programs, is suspected of benefiting from contracts worth R3.5 million within the municipality.
Facts :
According to Eastern Cape Hawks spokesperson Yolisa Mgolodela, the Mziomhle Trading company, of which Mzwamandla Nyembezi has been a director since 2016, was said to have received subcontracts for the electrification of the villages of Mkhemana and Phalane, in Sector 22 of Matatiele. These contracts, valued at more than R3.5 million, were reportedly awarded for the 2022/2023 financial year.
Sources close to the investigation say that although Mzwamandla Nyembezi resigned as director of Mziomhle in November 2021, he would continue to control the company and be a signatory to the bank account. Currently, the only active member of the society is Simbongile Nyembezi, a close relative of Nyembezi.
The contracts were for the electrification and connection of houses in different localities in Matatiele, including Hillside-Manzi, Sikhulumi, Tshepisong (Molweni), Masopha and Mapoti. The work, apparently completed, was reportedly carried out by Mziomhle Trading.
Current investigations:
The Eastern Cape Department of Government Cooperation and Traditional Affairs (COGTA) is also investigating Mzwamandla Nyembezi’s actions. Its spokesperson, Pheello Oliphant, confirmed that COGTA sent officials to the site to carry out the investigations. The objective is to determine whether Nyembezi benefited unduly from these public contracts.
Denunciation and requests for suspension:
In June, an anonymous whistleblower reported to the Public Services Commission the irregular award of a contract to a company which then subcontracted to Mziomhle. The Commission then informed the municipality. In July, Vicky Knoetze, a member of the opposition Democratic Alliance (DA), called for Mzwamandla Nyembezi to be suspended, pending the outcome of the investigation. She accused the latter of having benefited directly from a construction procurement policy favoring the participation of small and medium-sized local businesses.
Reactions and presumption of innocence:
Mzwamandla Nyembezi declined to comment on the matter and referred media to municipality spokesperson Luncedo Walaza. The latter said that at a city council meeting on July 27, it was decided to let COGTA conduct the investigation. Nyembezi would have promised his full collaboration. Walaza added that according to the municipality, Nyembezi was presumed innocent until proven guilty.
DA councilor Wonga Potwana, meanwhile, believes Nyembezi should be suspended for the duration of the investigation, as investigations by COGTA can take a long time.
Community reactions:
Zolile Mosweu, a member of the Matatiele Chamber of Commerce, says she is unaware of the allegations against Nyembezi. He nevertheless recalls that the law is clear on the fact that no representative or public official has the right to bid for public contracts.
Conclusion :
The investigation into allegations of improper profiting from public contracts by ANC municipal councilor Mzwamandla Nyembezi continues in Matatiele Municipality. The results of this investigation will be eagerly awaited in order to determine whether there has been a violation of the rules for awarding public contracts and what action will be taken in this matter.