R9 of 2021 – eThekwini Metropolitan Municipality

1. Maladministration in the affairs of the Municipality in respect of the a) alienation by, or on behalf of the Municipality, of immoveable property of the Municipality of the State, for the provision of housing through the Municipality’s Human Settlements Infill Housing Programme, which alienation was contrary to manuals, policies, procedures, prescripts, instructions or practices of, or applicable to. the Municipality; and b) transfer or sale of vacant properties by developers appointed by the Municipality for purposes of the Municipality’s Human Settlements Infill Housing Programme i) in breach of the developers’ contractual obligations; and ii) contrary to the objectives of the Municipality’s Human Settlements Infill Housing Programme.
2. Payments made in respect of the allegations set out in paragraph 1 of this Schedule in a manner that was a) not fair, competitive, transparent, equitable or cost-effective; b) contrary to applicable i) legislation; ii) manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury of the relevant Provincial Treasury; or iii) manuals, policies, procedures, prescripts, instructions or practices of, or applicable to the Municipality; or c) conducted by or facilitated through the improper or unlawful conduct of i) employees or officials of the Municipality; or ii) the developers in question; or iii) any other person or entity, to corruptly or unduly benefit themselves or any other person or entity; or d) fraudulent, and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Municipality or the State.
3. Any unlawful or improper conduct by a) officials or employees of the Municipality; b) the developers in question; or c) any other person or entity in relation to the allegations set out in paragraph 1 and 2 of this Schedule.