The Attorney General (AG) has made an application for notice to strike out allegations that Mbabane Municipal CEO Gciniwe Fakudze personally took cash to the tune of E100 000 from Matsapha Town Council.
Through Fakudze’s representatives, Mbuso Simelane from the AG’s office said the allegations were scandalous, frivolous, and vexatious to say the least.
“There is no basis or supporting submission to prove these allegations. All these allegations against our client are just a play for the gallery,” said Simelane when making his submission.
Representing the applicants in the matter, Mangaliso Simelane argued that the AG’s office tended to pounce things on them.
Mangaliso said he received the notice to strike out right inside court he furthered his argument and said the application to strike out should be refused.
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“Part of the reason the Minister approved Fakudze for CEO was that she is of high integrity and decorated her as an upstanding candidate. This is not the case looking at the allegations.
We need to demonstrate why,” he said moving his application to refuse the application.
Judge Nkosinathi Maseko was presiding over the matter after Judge Titus Mlangeni recused himself last week.
Maseko said he needed time to look at the context of the allegations and therefore postponed the matter to August 12, 2024, which falls on a Monday once again.
Previously the matter of the newly appointed Municipality Council of Mbabane CEO Gciniwe Fakudze was set to return to court on Monday.
This followed the Attorney General’s (AG) office’s failure to file responding papers in time resulting in the postponement as the matter was in court for arguments.
Appearing before the court on Monday, July 29, 2024, Mbuso Simelane from the AG’s office representing Fakudze told the court that he had yet to file affidavits from five councilors and needed time to do so.
Representing the applicants in the matter, Mangaliso Simelane argued that the AG’s office was supposed to treat the matter as urgent and file responses over the weekend.
However, it was resolved that the week will be used to do so in preparation for the arguments next Monday.
The responding papers to be filed by the office concern a ‘grievance’ by some councilors including Mbabane Mayor Thulani Mkhonto who are against Fakudze’s appointment and opted to file an urgent application in this regard.
In early July, Minister of Housing and Urban Development Apollo Maphalala appointed Fakudze after a protracted debacle between Mbabane Municipality’s councilors having gone back and forth in the recruitment of the new CEO.
After the recruitment process was conducted by SNG Grant Thornton, a report was forwarded to the councillors and what surprised many was that the councillors decided to go for the person, who according to the assessment, scored the lowest points.
The candidate is said to have scored less than 50 percent while Fakudze scored over 80 percent, and she was on top of the candidate list.
Before the appointment, Maphalala had engagements with the councilors in a bid to forge a way forward in the recruitment of the new CEO, however, these were met with hurdles as some councilors were alleged to be against Fakudze’s appointment.
The Mbabane Mayor and some other councilors were reportedly not present when Fakudze was officially announced as the CEO.
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During the unveiling, Maphalala announced that Fakudze will be responsible for steering the Council’s ship, effective from August 19, 2024, for five years.
He acknowledged the hurdles that they faced in the recruitment of the CEO but said it was all necessary for the Ministry and the city council to get a proper candidate for the job.
The Minister further called upon the Mbabane business community to come on board and work with the new CEO in formulating strategies that will see the city being developed and businesses benefitting in terms of growth
