Former deputy city manager in the eThekwini Municipality, Derek Naidoo, has launched a campaign to clear his name.
|||Durban - Former deputy city manager in the eThekwini Municipality, Derek Naidoo, has launched a campaign to clear his name, threatening legal action against the municipality and auditing firm Manase & Associates.
A year after being implicated in the controversial forensic probe into Durban’s finances, the former boss of metro procurement and infrastructure has written to the council, saying he “never took a cent from anyone”.
In a letter to exco members and mayor James Nxumalo, Naidoo demanded that the full report be made available to him, declaring he intended defending his reputation.
“When the Manase Report was irregularly released to council and even before that a summary thereof to the press, I received a vast amount of negative publicity alluding to my being ‘fingered’ in the report for alleged wrongdoing.
“I was immediately placed on strict terms by the municipal manager not to respond to any matter covered in the press while this campaign against me persisted.
“I was always in a position to defend myself against any allegation but was deprived of the opportunity to do so,” he said. “I consistently requested a copy of the report both verbally and in writing and despite repeated promises the report was never furnished to me.
“I am now forced to place you on terms regarding this matter particularly since you have had full access to the report which was adopted by council.”
Naidoo advised the council in his letter that unless his demand was urgently addressed, he reserved the right to join each of the council members in any action that he may pursue.
“I also intend taking action against Manase & Associates for failing to put any allegations to me and to elicit my response thereto as well as for recommending that action be taken against me without recommending that my response be first obtained,” he wrote.
“From the little information that I am privy to it appears that the report relies on incorrect legislation, misinformation, lack of knowledge of the workings of local government and a host of other inaccuracies.”
The Manase probe, which has cost taxpayers millions, called for disciplinary action to be taken against top officials, including Naidoo, accusing him of non-compliance with the council’s supply chain management (SCM) policies, the Municipal Finance Management Act and failure to exercise due care and diligence.
In this letter, Naidoo hit back at the accusations, denying any wrongdoing. “I can confidently say that I have not done anything wrong but only gave of my very best in the interest of the municipality,” he said.
“I have always acquitted myself with the highest integrity and honesty and never took a cent from anyone.”
Naidoo also cited his former employer for abruptly terminating his contract, saying he would have won a re-instatement had he challenged this.
“The issue of the termination of my contract first came up for discussion on the basis of the Manase investigators’ allegedly finding that my contract together with some others were irregular. The others continue to be employed by the municipality.
“When I was able to irrefutably prove through Council resolutions and other documents that my contract was indeed regular, a decision was obtained within a day to terminate my services within two weeks.
“The various legal advice that I received regarding the termination of my employment was unanimousthat my prospects of success in challenging the Municipality were overwhelming and that I would be reinstated in my position.
“However, I respected your decision, particularly because of the position I held and the importance of that position in the delivery of services to the poorest of the poor,” said Naidoo, who reportedly received a six months’ pay settlement which would have ended two months ago.
Naidoo warned he would take action against anyone who published Manase’s allegations against him: “From recent media reports, it appears that the Manase Report may soon be released to the public. I welcome this move for this flawed report must be exposed for what it is since it was paid for with public funds,” he said.
But he added: “I will be forced to take action against anyone who allows any unfounded allegations against me to be published. I have suffered enough for giving my all to the municipality and I am not prepared to tolerate any more humiliation.
“The Manase Report has caused immense damage to one of the best performing municipalities unnecessarily. There have been very serious transgressions including constitutional breaches with various aspects of the Manase Report, including serious misrepresentations that were made to council and that could have serious implications for council,” Naidoo said.
Nxumalo confirmed receipt of the letter and said the matter would be discussed at an exco meeting on Tuesday.
Naidoo’s legal threat follows a similar legal challenge from former city manager, Michael Sutcliffe, who is suing his successor, Sibusiso Sithole, for R10 million for defamation.
Sutcliffe also wrote to Manase & Associates, saying he had never been asked about issues which the report found against him.
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