/ 19 March 2009

Axed Ekurhuleni city boss has ‘clear conscience’

Fired Ekurhuleni city manager Patrick Flusk hit back on Thursday, saying that he has a ”clear conscience” and believes all decisions he took during his tenure fell within the confines of the law.

This comes after Gauteng minister for local government Qedani Mahlangu, who relieved Flusk of his duties on Tuesday, intimated that the relationship between him and Ekurhuleni mayor Lentheng Mekgwe had broken down.

”You can’t have two bulls in one kraal,” Mahlangu told a press conference. ”You can’t have a city manager who undermines the mayor.”

Flusk issued a press statement on Thursday, saying that he played no part in the decision to end his contract and merely received a letter from Mekgwe.

”I have since met with ANC [African National Congress] provincial secretary general David Makhura to discuss the decision taken by Ekurhuleni. I have a clear conscience. I believe that I have always acted to ensure that any decisions taken by the municipality remain within and comply with prevailing legislation, advising the mayor directly when I considered any such decisions to be at odds with those requirements,” Flusk said.

He will be spending time with his family while considering his future plans and available options.

Last week Flusk had threatened to dissolve the municipality’s council unless the ANC acts decisively against Mekgwe and her councillors.

This came after Mekgwe pushed for Flusk’s stand-in, Peta Mashinini, to finalise the authorisation of the controversial Meyersdal land deal, which may have cost the municipality R30-million.

Flusk has steadfastly refused to issue a certificate that would finalise the controversial development and was involved in several court battles with developer Rean Booysen.

When Flusk was on leave last month, Mekgwe ”requested” Mashinini [Ekurhuleni’s deputy city manager] to ”finalise” the Meyersdal land deal matter. Mashinini told the Mail & Guardian she had ”chosen to interpret the letter to be a request and not an instruction”. She told Mekgwe this.

The M&G has received unconfirmed reports that a final certificate for authorisation was issued after Flusk’s departure this week.

Municipality spokesperson Prince Hamnca was not available for comment.

‘Orchestrated campaign’
In an open letter to the ANC’s regional executive committee two weeks ago, Flusk accused Mekgwe, Ekurhuleni officials and councillors of waging an ”orchestrated campaign” against him.

This includes investigating him, planting dirt on him ”or whatever is necessary to ensure my removal by hook or crook from office for obvious reasons”. This, Flusk claims, was done because he had uncovered ”considerable and widespread contravention” of municipal legislation, systems and controls.

The ANC met last week to discuss the letter, after which a decision was taken to ”redeploy” Flusk.

Flusk had been with the municipality since 2006. He had commissioned forensic investigations into controversial land deals in Ekurhuleni and into alleged fraud committed at the municipality’s workshops, which made him unpopular with some ANC councillors.

Damning reports from these investigations were handed over to the council in September last year, but so far no action has been taken.

Instead, the council ordered the forensic reports be independently assessed and resolved that Ekurhuleni should no longer employ Pasco Risk Management, which compiled the reports.

Some of Pasco’s more sensational findings were that Ekurhuleni councillors personally benefited from a luxury development in Meyersdal which they had approved.

In his letter Flusk doesn’t refer to specific findings, but says he believes the investigations only uncovered ”the tip of the proverbial iceberg”.

”It has become necessary as part of this turn-around plan, following a process of engagement with Mr Flusk to terminate his current contract of employment as city manager of Ekurhuleni with immediate effect,” said the municipality in a joint statement issued this week.

Mahlangu essentially held Flusk responsible for bad service delivery and hinted that this was a big reason for his dismissal. She also blamed ”challenges” concerning finance, infrastructure, planning and outstanding investigations of the former municipal manager.

Mahlangu said his management style had caused a number of skilled people, including engineers, to leave the municipality.

”People have been living in fear, they couldn’t do their work. They have been dropping emails to the MEC [provincial minister] and the mayor,” said Mahlangu.

Together with Flusk’s dismissal, a task team had been appointed to ”accelerate the provision of services, infrastructure development and to deal with outstanding disputes”. This would include the Pasco reports.

The team has four specialists with extensive experience in local government and is led by the former city manager of Johannesburg, Pascal Moloi.

Blake Mosley-Lefatola, CEO of the Gauteng Development Agency, will act as city manager.