Council report clears Komani mayor in UDM row

A report to be tabled for tomorrow’s Enoch Mgijima Council meeting has dismissed UDM claims that Executive Mayor Madoda Papiyana caused fruitless expenditure over the February resignation of the municipal manager.

The motion, filed on March 8 by UDM Councillor Mthuthuzeli Hokolo, accused the mayor of “administrative negligence” for only informing councillors on March 6 that former Municipal Manager Ayakha Ntengenyane had resigned on February 1.

Hokolo argued the delay meant Ntengenyane “bypassed her notice period” and demanded the mayor personally repay her February 2026 salary.

Council officials say the motion is procedurally invalid and factually flawed.

According to the report for the April 30 sitting, a Motion Without Notice requires a proposer and seconder under Clause 28.1 of the Standing Rules.

Hokolo submitted it without a seconder, making it inadmissible for debate.

Key findings in the report

Notice period: Ntengenyane’s resignation letter dated February 1, with a final day of February 28, met the one-calendar-month notice required by Regulation 42(1)(c) of the 2014 Senior Manager Regulations.

Salary payment: The February salary was a lawful obligation for time served. Withholding it would breach the employment contract and Basic Conditions of Employment Act. It does not meet the MFMA definition of fruitless and wasteful expenditure.

Disclosure timing: The mayor received the resignation during ongoing confidential retention talks involving the Eastern Cape Premier. Council was informed at a Special Highly Confidential meeting on March 6, once the resignation was final.

Previous Council stance: All parties at the March 6 meeting, including UDM and DA, accepted the resignation and endorsed the resolutions. No councillor called for a division at the time.

The report states the mayor’s handling was “consistent with his fiduciary and administrative responsibilities” and finds “no legal or statutory basis” for personal recovery of funds.

The report recommends that council dismiss the allegations of negligence, financial misconduct, and dereliction of duty as unsupported.

“Decline MPAC referral, citing no prima facie evidence of irregular conduct. Affirm the March 6 resolutions and proceed with appointing a permanent municipal manager,” read the report.