Cape Town - The City of Cape Town’s disciplinary committee “unanimously” recommended that former Mayco member for water and sanitation Zahid Badroodien receive a formal written warning and refrain from similar conduct in future.
This was the outcome of a hearing whose findings were shared during a City council meeting for approval on Wednesday.
Badroodien faced three charges: breach of Cape Town electricity supply by law; breach of the code of conduct for councillors; and gross misconduct of the breach of the code of conduct for councillors.
He stepped down last year after an investigation into electricity meter tampering at a property he owns in Rylands.
Badroodien pleaded not guilty to all the charges during his hearing.
According to the report, the evidence before the committee could not prove that Badroodien was responsible for tampering with the electricity meters, that he had the intent to tamper with the meters or that he was aware of the tampering of electricity meters on the property.
“The committee was, however, of the view that Badroodien, as the lawful and registered owner should have been more diligent in managing his responsibilities regarding the property in this regard and, as a result, he permitted (unknowingly) the tampering of the electricity meters and non-payment of the electricity consumption at the property.”
The committee recommended to council that Badroodien only be found guilty of contravening the code of conduct for councillors in that “he failed to act in the best interests of the City and in such a way that the credibility and integrity of the City were compromised”.
“Accordingly, the disciplinary committee unanimously recommends (that) Councillor Z Badroodien receive a formal written warning to refrain from similar conduct in future and to always act in the best interests of the City and in such a way that the credibility and integrity of the City are not compromised,” the reports states.
UDM councillor Albertus de Beer said Badroodien served the city very well in many aspects.
“It would be very hypocritical of me not to make an acknowledgement. I am not condoning the actions pre-empted.
“As a person who was declared cancer-free, it is important to me that we acknowledge men who are good while they are still alive.
“I ask this council not to push him down but push him towards his recovery,” he said.
However, former MPL, EFF councillor Nosipho Makamba-Botya said they believed the sanction was a “slap on the wrist”.
“The committee has failed to act in the best interest of the City and therefore compromising its credibility and integrity. In essence the councillor in question has been found guilty of bringing the City into disrepute. The sanction is a slap on the wrist and doesn’t reflect the seriousness of the conduct,” she said.
GOOD councillor Jonathan Cupido said: “It cannot be that we just give a letter of warning.
“It sounds more like a plea to behave. While it’s believed that councillor Badroodien has paid about R70 000 already.
“One question would be if another councillor outside of the DA receives the same treatment?
“Electricity tariffs are high and residents are feeling the pinch and are also aware of this alleged tampering.
“This council needs to show the seriousness of this matter.
“We cannot ride with the hope that this will not happen again.”
Disciplinary committee chairperson councillor Ian Neilson (DA) said the hearing dealt with the merits of the case and both sides presented their evidence.
“The multi-party members of the committee unanimously agreed on the conclusion, including the sanction as it is stated in the report. While fraud was found, councillor Badroodien was not aware (of it).”
The council meeting was disrupted and Badroodien’s matter was held due to disagreements with the speaker. The ANC erupted with songs.
Badroodien said the ball was in mayor Geordin Hill-Lewis’s court now to decide if he was returning to his position.
“I am ready to go back to my portfolio and assist in finding solutions for water and sanitation. I have done my best to carry myself with integrity and respect all processes. Important lessons about property ownership have been learnt from this,” he said.
The City said: “The mayor (Geordin Hill-Lewis) will communicate an update on Mayco once processes around this matter are finalised, including confirmation of whether there will be an appeal or not, and related statutory compliance requirements.”
Cape Times